A claim for personal injury is a request for payment after someone else hurts you. It usually starts as an insurance claim, not a civil lawsuit. It can cover medical bills, lost wages, property damage, and pain and suffering. The goal is to recover compensatory damages for what the injury costs you.
A claim can arise from car accidents, slip-and-fall accidents, dog bites, or medical malpractice. It can also involve product liability or strict liability, depending on the circumstances. At Lance Bingham, our West Jordan personal injury attorney helps victims gather proof and push back on low settlement offers. If the insurer is unfair, we can file a personal injury lawsuit.
In the stressful aftermath of an injury, insurance companies often act quickly to secure an advantage. Understanding your rights under Utah law is the first step to leveling the playing field and protecting the true value of your claim.
A personal injury claim is how you ask for compensation after someone else causes harm. It can involve a car crash, a slip-and-fall, or a dog bite. It can also involve medical malpractice or a defective product.
Most claims begin with an insurance claim. You report the injury and provide medical records and bills. The insurer reviews fault, damages, and policy limits.
A claim is broader than a lawsuit. A lawsuit is one tool, used when settlement fails. Many cases settle before a civil court is needed.
An insurance claim is a request made through an insurance policy. It is usually the first step. It often involves insurance adjusters and settlement offers.
A personal injury lawsuit is filed in court. It may be needed if the insurer denies liability. It can also help when evidence must be forced out.
Both paths need proof. Photos, a police report, and witness statements matter. Medical records and treatment notes matter even more.
A personal injury claim can pay for medical bills and lost wages. It can also include pain and suffering in many cases. Knowing this helps you spot low offers early.
Time also matters in Utah. Deadlines can cut off your right to sue. Many injury cases use Utah Code § 78B-2-307.
Fault can also change the math. Utah uses comparative fault rules in many cases. Utah Code § 78B-5-818 explains that system.
A personal injury claim covers the losses caused by someone else’s actions. It can involve your body, your emotions, and your bank account. The key is to show that the injury caused real harm.
Personal injury includes physical harm. These can include soft-tissue injuries, broken bones, or burns. Serious injury can include traumatic brain injuries and spinal cord injuries.
Personal injury can also include emotional harm. Anxiety after a crash is common. Ongoing stress can also affect sleep and daily life.
Financial harm is part of the claim, too. Medical bills and medical expenses add up fast. Lost wages and rehab costs can follow for months.
A claim usually depends on medical proof. Medical records show diagnosis and treatment. They also help connect injury symptoms to the incident.
Some claims are not true accidents. Intentional wrongs can lead to a civil claim. This can include assaults or other intentional torts.
Civil law is different from criminal law. Criminal cases can lead to jail time. Civil cases seek money for harm.
A criminal case does not pay your bills by itself. A civil case can. Sometimes both cases occur simultaneously.
The legal labels can feel like legal jargon. The core idea stays simple. Someone caused harm, and you seek compensation.
A claim needs more than a story. It needs clear legal building blocks. In Utah, most cases turn on fault, causation, and damages.
Liability means legal responsibility. Most personal injury claims rely on negligence. Negligence is failing to act with reasonable care.
A driver who texts and crashes may be negligent. A property owner who ignores slippery floors may be negligent. A dog owner may be liable for a bite in some situations.
Utah also uses comparative negligence rules. Your fault percentage can reduce recovery. Utah Code § 78B-5-818 explains the rule.
Some cases rely on strict liability. Product liability claims may involve defective products. Food poisoning cases can also raise strict liability issues.
Fault is proven with evidence. Photos, videos, and witness testimonies matter. Police reports and accident reports matter too.
Liability issues can get complex fast. Multiple parties may share blame. A lawyer helps identify all responsible parties.
Damages are your losses from the injury. Economic damages include medical bills, lost wages, and property damage. Non-economic damages include pain and suffering and daily limits.
Medical proof is key for both. Medical records show treatment and diagnosis. They also support injury severity and future care needs.
Work records help prove wage loss. Pay stubs and employer letters help. Self-employed workers may use invoices and tax records.
Non-economic damages need a clear explanation. People often use examples from daily life. Some cases address per diem or multiplier methods.
Expert witnesses may help in serious cases. Experts can explain future medical care needs. Experts can also estimate lost earning ability.
Damages must tie back to the incident. That is causation. The closer the link, the stronger the claim.
Utah law can shape your claim more than people expect. Two rules often arise: fault and deadlines. Insurance companies use both to cut payouts.
Utah follows comparative fault rules in many injury cases. Your compensation may be reduced based on fault percentages. If you reach 50% fault, recovery can stop. This rule is in Utah Code § 78B-5-818. Insurers may blame you for speeding or not watching. They may also cite traffic citations to push fault.
Evidence helps fight unfair blame. Photos, witness memories, and accident reports help. A clear timeline also helps.
Utah has strict statutes of limitations for many claims. Miss the deadline, and the case can end. That is true even with a serious injury.
For many injury claims, the general limit is four years. Utah Code § 78B-2-307 covers that deadline.
Some cases have different deadlines. Governmental entity claims can have special notice rules. Medical malpractice timing can also vary based on the facts.
Many car accident claims start with auto insurance. Utah requires certain coverage for drivers. PIP benefits may pay early medical expenses. Utah’s PIP statute is Utah Code § 31A-22-309. PIP can help early, but it has limits. Liability coverage may still matter for larger losses.
Personal injury claims come from many types of incidents. The legal core is similar, but the proof and damages can differ. At Lance Bingham, we handle a wide range of Utah personal injury claims.
Car accidents are one of the most common. These cases often involve a police report and insurance adjusters. Damages can include medical bills, lost wages, and property damage.
Truck accidents can be more complex. They may involve multiple parties and higher insurance coverage. Evidence can include driver logs and company records.
DUI accidents often involve reckless driving. Criminal charges may follow, but your civil claim is separate. These cases can involve severe injuries and punitive damages arguments.
Motorcycle accidents often cause serious injury. Riders have less protection in an auto collision. Insurers may also unfairly discriminate against motorcyclists.
Bicycle and pedestrian accidents can be devastating. These cases often involve visibility and right-of-way disputes. Camera footage and witness statements can be critical.
Boating accidents can result from safety failures and inadequate supervision. Evidence may include witness accounts and operator conduct. Injuries can be severe and costly.
Aviation accidents are rare, but serious. These cases may involve maintenance issues or operator decisions. They often require in-depth investigation and expert input.
Dog bites can cause infection and scarring. Liability may involve a dog owner or a property owner. Medical records and photos help prove the harm.
Food poisoning cases can involve contaminated food. They can involve restaurants or packaged products. These cases often rely on medical evidence and source tracing.
Each case type may start as an insurance claim. If settlement offers are low, a lawsuit may follow. The goal is fair compensation supported by evidence.
Most people have never filed an injury claim before. The process has steps, and each step affects your outcome. Knowing the sequence helps you stay calm and avoid mistakes.
Start with medical attention. Get checked even if symptoms seem mild. Medical care creates records that support your injury claim.
Report the incident when appropriate. In car accidents, this may include calling law enforcement. In other cases, it may include incident reports.
Preserve evidence early. Take photos of injuries and the scene. Save receipts, and write down what happened.
Try to capture:
Avoid social media posts about the injury. Insurers watch for “gotcha” moments. A casual post can be used against you.
A free consultation can clarify your options. It can also help you avoid common pitfalls in insurance procedures. Early advice often protects case value.
Many firms work on a contingency basis. That means attorney fees are paid from the recovery. It often allows injured people to get help without upfront costs.
Bring what you have to the meeting. Police reports, medical records, and photos help. Even a simple timeline is useful.
Your attorney builds the case file. This includes collecting medical records and bills. It also includes witness statements and accident reports.
Some cases need expert witnesses. Experts can assess injury severity or future care needs. They can also help in product liability and malpractice cases.
Evidence gathering is also about timing. Witness memories fade quickly. Video can be overwritten.
Most cases move into settlement talks. Your lawyer sends a demand letter with supporting documentation and a valuation request. This usually includes evidence of damages and liability.
Insurance adjusters may respond with low settlement offers. They may question medical treatments or causation. Strong documentation helps counter this.
Negotiation can take time. It often includes multiple rounds. A fair deal should reflect the losses, supported by evidence.
If the settlement fails, filing a civil suit may be necessary. This initiates a civil court case. It also creates deadlines and discovery rights.
Discovery is information exchange. It can include documents, depositions, and written questions. It often reveals facts insurers refused to share.
Cases may also go to mediation or arbitration. Many settle before trial. If a trial happens, trial lawyers present evidence to a judge or jury.
A personal injury attorney is part strategist and part protector. They help you follow Utah rules and build a stronger claim. They also help you avoid costly mistakes with insurance companies.
A lawyer handles the legal jargon and the deadlines. They explain Utah Code rules in plain language. They also track the statute of limitations and filing requirements.
Insurance companies often undervalue injury claims. Adjusters may push quick settlement offers. A lawyer helps you push back with proof.
Legal representation also helps with damages. We document economic damages, such as medical bills and lost wages. We also support non-economic damages, such as pain and suffering.
Attorneys also handle liability issues. They identify all potential responsible parties. This matters in truck accidents and product liability cases.
If a lawsuit is needed, your lawyer files it and manages the civil court steps. They handle discovery and depositions. They also prepare evidence for mediation or trial.
At Lance Bingham, we aim for effective representation without confusion. We keep communication clear and direct. You stay focused on recovery while we handle the claim.
How long does a personal injury claim take in Utah?
It depends on treatment time and insurance disputes. Some claims settle in months. Lawsuits can take longer, especially when serious injury is involved, and expert witnesses are involved.
What should I avoid doing after an injury?
Avoid social media posts, recorded statements, and quick settlements. Follow medical treatment plans. Save evidence and keep your timeline consistent.
What if I can’t afford medical treatment during my claim?
PIP benefits may help after a car accident. Medical liens may also be an option. A lawyer can explain choices based on your insurance and providers.
How are attorney fees calculated on a contingency basis?
You usually pay no upfront attorney fees. The fee comes from the recovery. If there is no recovery, you usually do not pay attorney fees.
Can I handle my personal injury claim without a lawyer?
You can, but it is risky. Insurers may undervalue claims, and deadlines are strict. Legal counsel often strengthens evidence and negotiation position.
What evidence matters most for an injury claim in Utah?
Medical records, photos, witness statements, and accident reports are most important. Proof of lost wages also helps. Early documentation often makes the biggest difference.
If you were injured in West Jordan, you do not have to face insurance companies alone. Lance Bingham offers a free consultation to discuss your injury claim and understand your legal options under Utah law. We will review your medical records, accident reports, and the facts, then explain what compensation may be available for medical bills, lost wages, and pain and suffering.
Our legal team takes on many different kinds of cases, including car accidents, truck accidents, DUI accidents, motorcycle accidents, bicycle and pedestrian accidents, boating accidents, dog bites, food poisoning, and more. We handle settlement negotiations, deal with insurance adjusters, and file a personal injury lawsuit when needed to pursue fair compensation. Many cases are handled on a contingency basis, which means you do not pay attorney fees unless you recover compensation.
Contact us today to schedule your free consultation and take the next step forward.
Lance Bingham Utah Personal Injury Lawyers
15 West South Temple, Suite 1650, Salt Lake City, UT 84101
Phone: (801) 383-2922
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