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After being in a car wreck, there are certain personal injury laws in Salt Lake City that you should be aware of. Failure to understand the law can put you at a distinct disadvantage when going up against insurance company lawyers in Utah or while trying to navigate the court system. This is why it is wise to be working with an experienced personal injury attorney in Salt Lake City that can take you through the process and look out for your best interest.

 

Determining Negligence in Utah

Negligence is proven by demonstrating that a driver had a duty to exercise a certain level of care and that they failed in their duty. We also need to prove that they caused the accident as a result of that breach, and that you were injured in said accident. While it may seem perfectly clear who was to blame, insurance companies pay high-powered attorneys to represent them and to demonstrate that the other driver was either partially or entirely to blame. Doing so allows them to keep more money. If they can successfully prove that you were fifty percent or more negligent, you will not be entitled to any compensation. Even if they can prove that you are partially to blame, they benefit because the percentage of fault assigned to you will be deducted from your settlement. For example, if the total financial award was $20,000 and you were found to be 25 percent negligent, you would only receive $15,000. This is why you should always work with an attorney that can gather evidence to demonstrate that you were the victim and not party to what caused the actual wreck.

When You Need to File

Personal injury laws in Utah dictate that you need to file your claim within three years when going after property damages, and four years when seeking damages for a personal injury. I recommend filing within the three years so that you can seek compensation for both. Doing so is critical for ensuring that you do not reach the statute of limitations and become unable to file. However, it is important to note that just because you file does not mean that your case has to be ready to be resolved. For example, if you are still seeking medical care, you will not yet know what it takes to maintain your health. If you still need surgeries or significant procedures that will be taken into consideration when proceeding with your case. In any event, you need to receive essential healthcare and make sure that the statute of limitations is not reached.

Working with an attorney is the best way to maximize the compensation that you qualify for. Whether proving that you were not responsible or ensuring that your case is filed in time, our firm can help you to receive a fair financial award.

Author Profile

As a personal injury lawyer, Craig Swapp uses Utah laws to maximize the compensation available to clients. Having founded Craig Swapp and Associates, he has a reputation for preparedness and excellent courtroom skills that benefits his clients. He is a member of the Utah Bar Association, and a former member of the Board of Governors for the Utah Association for Justice. Read online reviews for Craig Swapp here.

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