Posted on Saturday, November 4th, 2023 at 9:00 am
Utah’s personal injury claim process may be confusing, especially if this is the first time you’ve been injured in an accident someone else caused. The personal injury attorneys of London Harker Injury Law want to make it easier for you to deal with the accident’s aftermath. We’ve explained the process of pursuing compensation here. Knowing what’s coming can reduce your anxiety about getting the money you deserve.
Opening a Claim
The initial step in any personal injury claim is determining the identity of the liable party. Once you and your lawyer know who is responsible for causing the accident, the next step is to file a claim with the at-fault party’s insurance carrier.
The purpose of the claim is to recover money you’ve had to spend on your medical care for your accident-related injuries and any lost wages or other expenses. You can also claim compensation for pain and suffering. A personal injury lawyer can guide you through this process, ensuring all necessary documentation and information are correctly submitted.
Talking to the Insurance Company
Soon after you file your claim, a claims adjuster from the insurance company will probably call you. The insurer might use carefully worded questions or tactics to get you to admit you were at fault for the accident. They might ask permission to record your conversations or to take a recorded statement. The best way to deal with any communication with the insurer is to tell them to talk to your attorney. Doing so will prevent you from making any statements that could inadvertently hurt your claim.
Gather Evidence After a Utah Accident
Your attorney will gather the evidence needed to show the at-fault party was responsible for the accident. Evidence can include:
- Photos of the accident scene
- CCTV or dash cam recordings of the accident occurring
- Accident reports submitted to property owners after slip and fall accidents
- Police reports
- Medical records
The Importance of Completing Medical Treatment
When you first get treatment after the accident, you’re creating a record that shows your condition is related to the accident. You should follow your doctor’s treatment recommendations and attend all scheduled appointments until they release you from care. If you fail to do so, the insurer could say that you’re not as seriously injured as you claim to be, giving them an excuse to deny or reduce the value of your claim.
A Comprehensive Demand Package
After your medical treatment is complete, your attorney will send a comprehensive demand letter to the insurer. This letter will outline your case, including how the accident occurred, an explanation of the proof showing the insured’s client was at fault and the total amount of compensation you are seeking. The letter will contain a detailed breakdown of all your accident-related losses, including all your treatment costs, lost wages, and other intangible losses.
The demand letter could be accompanied by supporting documentation, such as police reports, pictures of the accident, and witness statements.
The insurer could either return with a counteroffer, deny the claim or ignore the demand letter.
Settlement of Claim
Sometimes, the demand letter might lead directly to a settlement. Suppose the insurer returns a counteroffer that’s not too far off the mark, and your attorney can negotiate an acceptable settlement amount. In that case, resolving your claim at this step is possible. Most personal injury claims are resolved with a settlement, which is easier and quicker than going to court. Entering a settlement agreement also removes the uncertainty accompanying a court case.
Once the parties sign a settlement agreement and the court approves it, the case is resolved, and the insurer will send a check for the agreed amount to your attorney.
Compromise of Liens
Medical or hospital liens may be imposed voluntarily or involuntarily against your recovery during the claim process. Once your claim is settled, your attorney will pay these liens from your settlement. They may negotiate lower amounts in some cases.
Filing a Lawsuit
If you cannot settle your case, your attorney will file a lawsuit on your behalf. The judge or jury weighs the evidence before deciding on whether to award financial damages and, if so, how much.
A lawsuit may take a long time and be more expensive because of lawyer fees and court costs, but it is necessary if the insurer does not provide a reasonable settlement offer. For this reason, one of your hiring criteria should be that your attorney is just as adept in court as they are at negotiation.
Statute of Limitations
To preserve your right to seek compensation through the court system, your attorney must file a lawsuit before the statutory deadline passes. Utah’s statute of limitations allows a four-year period to file a lawsuit against the at-fault party in most personal injury cases. However, there are exceptions. Wrongful death and medical malpractice cases have a two-year time limit.
If the lawsuit is not put into motion before the deadline, the court will likely dismiss your case without hearing it, and you’ll lose your leverage against the insurance company.
How an Attorney Can Help
An experienced attorney from London Harker Injury Law can help you understand the claims process and the legal system and ensure you know what happens at every step. A personal injury lawyer can negotiate your claim and work to reach an appropriate settlement before the statutory period lapses.
Choose an attorney with a proven track record of success in personal injury cases. You need an attorney to fight for your rights and protect your best interests. Remember, the outcome of your case could impact your future financial situation and quality of life.
Call 77CARCRASH and schedule an appointment as soon as possible. Let’s discuss the circumstances of your case and the best way to get the money you need. We will be here for you from start to finish to pursue your claim. We work aggressively to obtain the compensation you deserve.
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