Avoid committing one of these mistakes to ensure you receive the most compensation to support any injuries you may have sustained and any damages to your property. 

Failed to File an Accident Report with DMV

In the state of Utah, you have to report the accident to the DMV for any accident with the result of death, injury, vehicle towing, or property damage exceeding $1,500. This report is separate from a police report. Failing to file this report will make your case extremely hard to win and could put your driver’s license at risk for suspension.

Statement Provided to Insurance Adjuster Without Consulting an Attorney

The job of insurance adjusters is to minimize losses for their employed company. They are trained to pull information from you that can be used against you to reduce and even, in some cases, deny you compensation. It would be best to meet with a personal injury expert before you give a statement to any insurance company.

Did Not Seek Medical Treatment

Suppose you should decide not to seek any medical appointments or treatment for your injuries. In that case, the insurance adjuster will assume that your injury was no cause for concern and doesn’t need any financial support. Gaps between treatments could also be deducted from the compensation.

Quick Payout

Maybe you decided that you want to avoid the legal process and accept a quick payout from the insurance company. Insurance companies offer a low amount of money right at the gate to get you to settle early. However, once you accept this money, you will not be able to make any further claims. You could be missing out on a lot of money if you do not go through the legal process. Make sure you’re consulting an attorney at all times to make sure you get the best compensation so you can achieve a swift recovery and cover all damages and expenses.

Waited Too Long

Throughout the years, we’ve had many clients who have waited way too long before seeking help from an attorney. In most cases like these, their claims are too close to the statute of limitations (4 years from the car accident) for us to step in and help them get the compensation they deserve. Stop waiting, contact an expert car accident attorney at Hernandez Injury Law and get a free consultation today. We’re here to help make sure you get as much compensation as you can get.

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As stated earlier, Statutes of limitations vary depending on the type of case, especially in the context of criminal cases vs. civil cases.  For this, I want to concentrate on civil areas of law. Utah Code is what outlines the statute of limitations applicable in Utah.  More specifically, most civil statutes of limitations, but not all, are addressed under Utah Code Title 78B, Chapter 2.

What is the Statute of Limitations in Utah?

Statute of Limitations is tolled (the legal word for suspending the running of the time period) by different actions depending on the type of case that you have.  Generally, the Statute of Limitation is tolled by the filing of a Complaint in the Court system.  This does vary though with an uninsured, underinsured, or a claim involving a city, county, state, or town.

Below I have highlighted some different types of civil cases and the Statutes of Limitation assigned to them under the Utah Code.

• Automobile Accident or Injury:  4 years.  (This includes general negligence cases, including slip and falls.)
• Uninsured and Underinsured Motorist Claims: 3 years
• PIP Benefits:  3 years from the date of rejection
• Wrongful Death: Two years – Death caused by the wrongful act or negligence of another
• Libel/Slander/False Imprisonment:  One Year
• Claims that Involve City, County or Town:  One Year
• Trespass or Injury to Personal Property; Three Years

Typically, if the Statute of Limitations has expired, you have lost the right to be able to bring a case.  There are caveats or special circumstances which may apply to your case, which may extend the timeline.   For instance, a statute of limitation applicable to a minor’s claim generally does not start to run until the minor has reached the age of majority.  Also, there may be an option of looking at the date of discovery rather than the date the incident occurred.  That said, Statutes of Limitation typically have no wiggle room.  It is always best to speak to a qualified attorney to explore all of your options and rights.  Contacting an attorney sooner rather than later is always best as your timeline starts to run as soon as the incident or accident occurs.

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1. Filing a petition — the first step of the process is to meet with a personal injury attorney. They will file a petition to the court, which lays out all the claims the injured person (plaintiff) is making against the responsible party (defendant).

2. Service and Answer — The injury attorney will deliver a copy of the petition to the defendants through a process called to service. The defendant will then file an “answer” with the court responding to the plaintiff’s claims.

3. Trial Date Selected —the court will issue a docket control order, which means they will set a date for the trial along with various pretrial deadlines. Next, both parties will start the process of “discovery.” Discovery involves sending written letters to the opposing side of the case requesting information or copies of documentation. The opposing party is required to respond truthfully. This process also includes the interview of witnesses or “deposition.”

4. Mediation — Both parties will meet and go over the case with a neutral person (not the judge). This meeting is a guided negotiation to resolve the issue before the official trial. Most personal injury cases are settled during mediation; only about 5% go to trial.

5. Trial — The judge will rule on any pretrial motions (Docket call), then the jury will be selected (Voir Dire). The actual trial will follow both of the previous steps. It is also essential to know that an appeal is possible after the problem, which extends the process even further.

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Remote Depositions

It is encouraged in Utah to do your depositions remotely, and there are many tools to help you. Court reporters are willing to do almost everything that will lead you to click a link and join for your deposition.

However, here is a couple of what we think is the best software to be using when you are going to be attending your remote deposition.

WebEx

WebEx is the approved CISCO provider. WebEx is easy to use and has similar capabilities and appearance to Zoom. Both platforms offer easy screen sharing and the ability to share exhibits. To set up a deposition, provide the email contact information for the parties involved to the vendor, and they will coordinate sending out meeting invitations. As long as the parties have access to the internet and a device with a camera, they will attend. It is best practice to work with the vendor at least one week prior. On the day of the proceeding, arrive at least 15 minutes early to check connections and make any accommodations that may be necessary. 

Zoom

As stated, Zoom is equally equipped to handle the demands of remote deposition by offering a similar interface to WebEx. Zoom, however, has had several data security issues brought to light. It is best to insist that the host’s highest levels of security are used in any Zoom meeting. Zoom does collect data on its services, and these data privacy issues have led to several government agencies avoiding its use. 

Presented Records

Numerous depositions involve requested documents from opposing counsel or the deponent (by discovery or subpoena) that are needed before, or at, the deposition. This is particularly true with expert witnesses. Often, expert witnesses appear at the deposition with massive files, which would complicate, if not obviate, the remote deposition. Best practice dictates that the attorney considers reaching out to opposing counsel or the unrepresented deponent to formulate an agreement that the requested documents will be produced a certain number of days before the deposition. Such production effectively acknowledges that the deponent complied with the subpoena or local/court rules by “bringing” requested documents to the deposition. Having adequate time to review these files is invaluable instead of having to object and maintain an open record pending review of the files.  

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Damages relating to personal injury cases need to be established through reputable sources and are not just taken for word-of-mouth.  For example, if you want to claim lost wages, you will need to prove that a doctor excused you from work and deliver supporting documentation by way of a letter from your medical provider or have it noted in your medical records.  Moreover, you will need to make your pay stubs, employment records, and possibly your income tax returns available.  The same holds true for injuries you suffer.  These injuries need to be documented by medical providers by way of your medical records.  Treatment needs to be consistent and thorough.

West Valley City personal injury cases can be lengthy and time-consuming.  Generally, all of your medical treatment and damages need to be completed and met out prior to attempting to resolve your case with the insurance company.  Until that time, you need to be patient and attend all of your medical appointments.  Attempting an early resolution of your case could cost you in the long run.  Moreover, if your claim is unable to be resolved with the insurance company, litigation will need to be initiated.  This brings with it an entirely different and new timeline – one that is laid out under the Utah Rules of Civil Procedure.  Often, your attorney is at the mercy of the insurance company, other counsel, medical providers, experts, and the Courts.

Insurance companies do not pay out large, unjustified settlements for an insignificant amount of damages.  Rather, settlement monies are paid based on damages, facts of the case, future costs and care needed, permanent damage, and pain and suffering, in addition to other things.  If you have heard of an extraordinarily large settlement – check your facts.  There is almost certainly some underlying information that substantiated the amount of the settlement, or the settlement was granted in order to punish a party for abhorrent behavior.

Finally, case outcomes have shown that if you hire an attorney, the settlement value of your case tends to be significantly higher than if you were to resolve it on your own accord.  Personal injury cases have many intricacies, pitfalls, and nuances that skilled attorneys can overcome.

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Legal terms used in personal injury cases

Plaintiff: This is the person or entity filing a lawsuit in response to an accident or injury that has occurred.

Defendant: The person, entity, or party that is being sued by the Plaintiff.

Liability: The legal obligation that one party has about another party. For example, the person that caused or was deemed at fault in a car accident is liable for compensating Plaintiff for damages.

Damages: This is the legal term for the compensation that one part seeks from another as part of the personal injury civil case. Various kinds of damages can be pursued. Economic damages are financial compensations that have a direct number associated with their value. An example would be medical bills or quotes from autobody shops to repair a damaged vehicle. Non-economic damages do not have a direct number associated with them. They are damages that can be sought to compensate for things like pain and suffering associated with the injuries sustained from an accident. Finally, punitive damages are fines meant to punish a particular party for unacceptable behavior. An example could be wanton negligence and can only be sought after in certain situations.

Statute of Limitations: This is the length of time that someone can file a case. If the Statute of Limitations has passed, it is typically no longer possible to file a claim associated with that incident. Every state has different submissions lengths. You can find most civil statutes for Utah here.

Speak with an attorney

Please remember that these are not definitions taken directly out of a dictionary as you look at the terms above. If you have any questions about your case, it is best to contact the law firm representing you. If you or a loved one has been injured in Utah and is considering working with an attorney, consider calling The Law Offices of Roberto Hernandez.

Disclaimer

The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office, and I would be pleased to discuss your case with you and see if my firm can help.  

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