Why is the time to file a claim limited by law?

The law does limit the time you have to file a claim to recover from a personal injury in an accident.  This time limit is called the Statute of Limitations.  The law places this time limit in order to bring repose to parties after the passage of time, and to have claims brought when the memory of witnesses is fresh, before memories fade and evidence diminishes or is lost.  In Utah, the legislature has limited the time to file a claim to 3 years in most personal injury cases.  Do not let the time run out on a claim you may have before you understand what is best for you.  Feel free to call our office regarding any questions you have concerning your case.

Should I take the offer which the insurance company has offered me?

Insurance companies are in the business of bringing accident claims to a resolution.  They have a vast amount of experience and are represented by experienced and capable attorneys.  Their whole profession and business is to resolve claims and make a profit at doing it.  They are concerned about their interests and not yours.  It is to your great advantage to have a consultation with an attorney to determine what rights and risks you have before you make any kind of settlement or before you sign anything with another’s insurance company.  There is no downside to having such a consultation, as it is free.  Call our office at (801) 453-2000 to learn more about just what your rights are under the law, as well as the risks you face if you settle or decide to continue to pursue your claim further.  Insurance companies have attorneys working hard on their side, and so should you.

How much recovery do I deserve?

The answer to the question of how much recovery you deserve is very different for every case and every accident.  You can recover your medical costs, and in addition you can recover for the extent of your pain and suffering, and for the extent in which your injury is disabling.  Another fundamental factor is whether the accident arose from someone’s negligence and the extent of that negligence.  All of these factors come into play in any negotiations or at any trial before a jury.  Negotiations which take place before a court trial are largely based on the judgment and estimate of attorneys and their clients regarding what the potential outcome would be from what a jury would decide from the evidence.  While there are patterns in estimating outcomes and settlements, all aspects of your unique case need to be carefully understood and considered before effective negotiations can take place, or in deciding to settle or to take a case to trial.

When do I have to pay my attorney, and how much should he get?

In many cases of personal injury, your attorney customarily waits until he gets paid before he receives any compensation for his services, and then takes a percentage of the recovery as part of his services.  However, in contingency cases, the Utah  State Bar requires attorneys to collect the actual out of pocket costs of a lawsuit, including the $360.00 filing fee and other necessary expenses of litigation, including the cost of depositions. There some attorneys who add copying costs at a pricey amount per page, and also word processing fees as out of pocket costs, which in fact can add up to large unnecessary amounts.  The largest part of the true out of pocket costs is for court reporters who record depositions.  In negotiating a percentage of an attorney’s fee, 1/3 of the fee is typically the percentage charged, but it can vary.  There is an additional percentage which varies from 40% to 45% if the case requires an appeal, which does not happen very often.  In most personal injury cases, our office will not charge a fee until you collect.

How can I be confident that I am making the right decisions with my personal injury claim?

The most important reason you have in consulting with a qualified attorney with your claim is to learn more about your rights under the law, as well as risks in settling or going to trial.  A no cost consultation with our office may be the best decision you could make to understand the real factors which affect your case and the decisions to make regarding your claim.  Call our office for a free consultation at (801) 453-2000.