After a serious accident, people often have the same questions: Who is going to pay the medical bills? Should I talk to the insurance company? Do I really need a lawyer? And how do I know whether I have a case?
We sat down with Jase Allen, an attorney at Allies Law Firm, to answer some of the most common questions people have after being injured in an accident in Utah.
Q: What should I do first after I've been injured in an accident?
Jase Allen: Take care of yourself first. If you need medical attention, get it. Your health is more important than building a legal case.
After that, preserve as much information as you reasonably can. Take photographs, get the names and contact information of witnesses, save communications with insurance companies, and keep records of medical treatment and expenses.
One mistake people make is assuming they'll remember everything six months later. You probably won't. Document what happened while it's fresh.
Q: How do I know if I actually have a personal injury case?
Jase: At its simplest, we generally want to know whether somebody else did something wrong, whether you were injured as a result, and whether there are damages we can recover.
But cases that sound simple can become complicated very quickly.
Who was legally at fault? Were multiple people responsible? What insurance coverage exists? How serious is the injury? Will the injury create future problems?
That's why I wouldn't tell someone to decide for themselves that they "don't have a case." Talk to an attorney and let us evaluate the facts.
Q: What types of personal injury cases does a lawyer handle?
Jase: Personal injury can cover a wide range of situations. Some of the more common cases involve:
- Car accidents
- Truck and commercial vehicle accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Dangerous property conditions
- Serious or catastrophic injuries
- Wrongful death
The facts and applicable law can be very different depending on how the injury occurred.
Q: Should I talk to the insurance adjuster?
Jase: You need to be careful.
An insurance adjuster may be perfectly professional and friendly, but you have to remember who the adjuster works for. The insurance company has its own financial interests.
You don't want to exaggerate anything, but you also don't want to casually make statements about fault, your injuries, or how you're feeling without understanding how those statements might later be used.
If you're dealing with a significant injury, talking with an attorney before giving a recorded statement or accepting a settlement can be a smart move.
Q: What if the insurance company offers me money right away?
Jase: Don't confuse a fast settlement with a fair settlement.
The biggest question is whether you actually know the extent of your damages yet.
Imagine accepting a settlement two weeks after an accident and then discovering that your injury requires surgery or causes problems that keep you from working. Depending on the settlement documents you signed, you may have already released the claim.
Once you settle a case, you generally don't get to come back later because the injury turned out to be worse than expected.
Q: How much is my personal injury case worth?
Jase: That's probably the question everybody wants answered, and it's also one of the hardest questions to answer at the beginning of a case.
There isn't a legitimate chart that says a back injury is worth X dollars or a broken arm is worth Y dollars.
We look at things like the severity and permanence of the injury, medical expenses, lost income, future treatment, how the injury affects your daily life, available insurance coverage, and the strength of the evidence regarding fault.
Two people can be involved in similar accidents and have very different claims.
If an attorney promises you a specific dollar amount before really understanding your case, I'd be skeptical.
Q: What damages can an injured person potentially recover?
Jase: It depends on the case, but damages may potentially include medical expenses, lost wages or diminished earning capacity, future medical needs, and compensation for the physical and non-economic effects of the injury.
In a wrongful-death case, different categories of damages may apply.
The important thing is to evaluate the whole loss, not simply add up the medical bills.
Q: What if I was partially responsible for the accident?
Jase: Don't automatically assume that means you can't recover.
Utah uses a comparative-fault system. Under Utah law, an injured person may still recover when the fault attributable to the defendant or qualifying group of defendants exceeds the injured person's own fault, although the recovery can be affected by the percentage of fault assigned.
Fault allocation can become one of the most important issues in a personal injury case, particularly when several people or businesses may share responsibility.
Q: How long do I have to bring a personal injury claim in Utah?
Jase: This is one area where people really shouldn't rely on a general rule they found online.
Different claims can have different deadlines. Utah's statutes contain different limitation periods depending on the type of claim, and special rules can apply to claims involving motor vehicles, wrongful death, governmental entities, medical malpractice, and other circumstances.
Even when a lawsuit deadline seems far away, waiting can hurt the case. Evidence disappears. Surveillance footage gets deleted. Witnesses move or forget details.
If you've suffered a serious injury, talk with an attorney early.
Q: What if the accident involves a commercial truck?
Jase: Those cases deserve particular attention.
A serious truck accident may involve more than just the driver. Depending on the facts, you may need to investigate the trucking company, insurance coverage, vehicle maintenance, employment relationships, company policies, and other potential sources of responsibility.
There can also be evidence that needs to be identified and preserved quickly.
For a catastrophic truck accident, I'd rather have our team investigating early than trying to reconstruct everything months later.
Q: What if a family member is killed because of someone else's negligence?
Jase: Those are some of the most serious cases we handle.
A wrongful-death case isn't simply a bigger version of a car-accident claim. A family has lost a person, not just incurred a stack of bills.
There are also legal questions about who may bring the claim, what damages may be available, and the applicable deadlines. Utah law specifically addresses actions seeking damages for a death caused by another's wrongful act or neglect.
Families dealing with a sudden death shouldn't have to figure all of that out by themselves while they're grieving.
Q: Do I really need a personal injury attorney?
Jase: Not necessarily for every minor accident.
If there's very little damage, no meaningful injury, and everything is being handled fairly, hiring an attorney may not make sense.
But the calculation changes when you have a serious injury, significant medical treatment, lost income, disputed fault, a commercial defendant, inadequate insurance, or a death.
The greater the consequences, the more important it becomes to understand what you're giving up before signing anything.
Q: What should I look for when hiring a personal injury attorney?
Jase: Find somebody who will actually listen to you.
Ask who will handle the case. Ask how the attorney approaches settlement versus litigation. Ask how you'll communicate with the firm. And ask the attorney to explain both the strengths and the weaknesses of your case.
I'd be cautious of anyone who seems more interested in signing the case than understanding what happened.
A good attorney should be willing to tell you the truth—even when the answer isn't what you hoped to hear.
Q: What's the biggest mistake you see injured people make?
Jase: Waiting too long and assuming the insurance company will take care of everything.
Sometimes things go smoothly. Sometimes they don't.
You can always decide after talking with an attorney that you don't need representation. What you can't always do is recreate evidence that's disappeared or undo a settlement you've already signed.
Have You Been Injured in Utah?
If you or someone in your family has been seriously injured because of another person's negligence, Allies Law Firm can help you understand your options.
Attorney Jase Allen and the Allies Law Firm team can review what happened, identify the important legal and insurance issues, and help determine the next step.
Contact Allies Law Firm to schedule a consultation about your personal injury case.
This Q&A provides general information about Utah law and is not legal advice. The facts and deadlines applicable to any particular claim may be different. Speaking with an attorney does not create an attorney-client relationship unless the firm agrees to representation.