A Guide to Personal Injury Laws in Utah

Rich RaylCovid-19, Personal Injury

Personal Injury Lawyers

Salt Lake County Attorney, Attorneys in Salt Lake City, Salt Lake and Davis County Divorce Attorney

Considered a highly-traumatizing and devastating experience, a personal injury can wreak havoc in your life.  A source for unimaginable distress and turmoil, personal injuries arise from vehicle collisions, slip and fall incidents, premises liability, medical negligence or even the use of unsafe products.  A personal injury not only impacts you physically, but can also permanently impact your financial, mental and emotional health.  In some instances, personal injuries leave people permanently paralyzed, while some may even lose their lives.

A personal injury claim can arise from sustaining a physical injury, traumatic brain injury, impairment, disfigurement, spinal injury and many other causes.  A personal injury due to the negligence of another can result in a difficult and protracted legal battle.  For those unaware of their rights or the laws surrounding personal injury and wrongful death cases, you can be pushed into settling for little to no compensation.  You can even end up making decisions that can greatly affect your future long-term.  Each state’s unique laws make having a reliable Salt Lake County based attorney imperative.  The following are several factors to be considered concerning a personal injury claim:

  • There is a time frame for filing a legal action for any claim. This is referred to as a ‘statute of limitations.’ According to Utah state laws, you have four years from the date the claim arose to file your personal injury case. However, some cases may have a shorter statute of limitations, so you should contact an attorney immediately to discuss your case.  If you allow this time period to pass, the courts in Utah may refuse to hear your case at all. Given the time sensitivity, an attorney can play a critical role.
  • In certain instances, the other party may insist that you are at fault for any injuries sustained. If you do share some of the liability for the injury, Utah’s comparative fault rule can reduce the amount of damages that can be recovered from the other at-fault party.
  • In some states, dog owners are provided injury liability the first time their dog injuries someone, given that they had no reason to believe their dog was harmful. This is referred to as the ‘one bite’ rule. However, in Utah, regardless of the animal’s past behavior, owners are strictly liable if their dog causes any sort of personal injury.
  • If your personal injury was caused by a governmental agency or employee, another set of rules applies. You must submit a Notice of Claim within one year from the date that the cause of action arose.  Again, you should consult an attorney to ensure the proper timeline for any case against a governmental actor, as the time may differ from the general rule.
  • In an automobile collision case, Utah adheres to a ‘no-fault-system,’ meaning that an injured person’s own insurance company may pay to cover a portion of their lost income and medical expenses, immaterial of who was at fault for the accident. This is typically called personal injury protection.

How Can Henriksen Law Help in Personal Injury Cases?

Personal injury claims can be complicated to handle, as most people are mentally and physically overwhelmed. Empathetic of the suffering endured by personal injury victims, attorneys in Salt Lake City associated with Henriksen Law have the relevant experience to secure an equitable compensation. Equipped with wide-ranging expertise, these Davis County based divorce attorneys can also help fight divorce, child custody, child support and spousal support cases.

Experience the Difference for Yourself

For trusted, competent legal help, contact Henriksen & Henriksen law today. We provide remote and in-office consultations. If you need legal help anywhere in Utah, please contact us by using our confidential form or by calling our office at (801) 521-4145.