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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A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).

Generally, negligence occurs when an individual fails to act as an ordinary and reasonable individual would under the same circumstances.

What is Negligency Legally?

There are four elements that need to be established in order to prove negligence.  Those elements are:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

Duty is an obligation of an individual to exercise care towards others or act in a certain way.  Typically, this is the easiest element of negligence to prove.  Breach of Duty is displayed by providing facts to show that an individual failed to behave with reasonable case or actions that ordinary prudence requires.  Causation requires you to show that the injuries or damages you suffered are a consequence of another’s negligence.  Often, experts are hired to help establish causation.   Finally, you will have to show concrete evidence of the harms you have suffered.  Your lawyer will help you establish a monetary amount of your damages and may utilize your medical records, medical bills, and employment records to help substantiate this portion of our claim.

What are some examples of negligence?

• A driver of a vehicle, it could be someone who fails to stop at a red light;
• A dog owner whose dog bites someone walking in front of their home;
• A medical professional who misreads a study or laboratory results;
• A pharmacist who incorrectly fills a wrong prescription;
• A store owner who fails to put up a caution wet floor sign when a spill has occurred; or
• A building owner who does not make necessary repairs to unsteady stairs or flooring.

If you have been injured as a result of someone’s negligence, call our office to discuss your options.  We will take the time to listen to the facts of your claim and provide you an open and honest assessment.

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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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