After a car accident, medical malpractice, or another injury, getting justice might seem much more out of reach than the peak of Mount Timpanogos. Yet, our legal team has secured $1.2 billion – and counting – for our clients.
Why contact us if you live near Orem Park? Just as the Murdock Canal Trail is unique to Orem and Lehi, many personal injury laws are specific to Utah. Over 64,000 civil cases were filed in 2023, but not every American attorney qualifies to represent plaintiffs in Utah’s district courts. Since legal codes vary, attorneys generally only practice law in the state where they passed the bar exam.
Since 1990, the lawyers of Siegfried & Jensen have been fighting legal battles for Utahans. If you were intentionally or accidentally hurt in Utah, our representatives are waiting to hear from you. Please get in touch with us at (801) 845-9000 or click the Live Chat icon at the bottom of your screen to set an appointment for your free consultation.
Let’s discuss how lawyers familiar with Utah’s laws can offer valuable experience that may benefit your personal injury case.
Determining Fault in Utah County Civil Claims
In Utah, civil courts use a principle called modified comparative negligence for personal injury claims. This rule acknowledges that an at-fault party might not be 100-percent responsible for an injury-causing event.
Suppose Motorist A merges onto Interstate 15 and collides with someone walking on the shoulder. The pedestrian is severely hurt and sues Motorist A for personal injury damages. In court, the judge and jury examine the evidence to determine a percentage of fault.
In Utah cases, if the pedestrian shares 50 percent or more of the fault, he or she might be unable to collect any compensation from the driver. A degree of fault below 50 percent could reduce the monetary value of the damages. For instance, if the pedestrian is found to be 10 percent responsible for the crash, the award would be reduced by that percentage.
You can help your lawyer maximize your compensation in a negligence claim by taking the following steps:
- Avoid social media: Sharing updates on social media while involved in a personal injury lawsuit can have detrimental consequences. Your posts could provide ammunition for the opposing counsel. For instance, some have claimed that vacation photographs indicated that the plaintiff was exaggerating his or her injuries.
- Consult your attorney before you sign: Insurance companies sometimes approach the accident victim directly. Before accepting a settlement offered by the insurer, contact your attorney. He or she can review the offer to ensure you receive fair compensation for your losses.
- Present yourself professionally: Your choice of attire sends a message. Dress appropriately for court proceedings, mediation sessions, depositions, and the like.
Hiring a lawyer who understands the local rule of modified comparative negligence is essential. Many cases can be settled out of court when attorneys negotiate favorable outcomes for their clients based on knowledge of these principles.
Understanding No-Fault Insurance in Utah
In Utah, you must maintain no-fault auto insurance on all registered passenger cars and trucks if:
- You reside in the state
- You operate a vehicle that was physically present in Utah for 90 days or more during the previous 365 days
- Either of the preceding statements apply, and you own a collectible vintage vehicle (models dating 1983 or earlier)
No-fault policies cover some accident damages regardless of who caused them. Drivers must carry bodily injury and property damage liability coverage. Comprehensive and uninsured or underinsured motorist coverage, as well as others, are optional in Utah.
Applying Strict Liability Rules
Strict liability is another principle recognized in Utah. This legal concept holds specific parties responsible for harm caused by their actions, regardless of fault or intent. In other words, defendants can be held liable even if they neither acted carelessly nor intended to cause harm.
Strict liability could apply to the following practice areas.
Product liability
Under strict liability, manufacturers are held strictly liable for injuries caused by defective products. Unlike negligence-based claims, injured parties do not need to prove the manufacturer’s negligence. Instead, they must demonstrate that the product was defective and thereby caused their injuries.
The Utah Product Liability Act states that a product must have been defective when it was sold. An attorney can help you prove that the defect existed at the time of sale.
Inherently hazardous activities
Some occupations are dangerous, even with safety equipment and regulations in place.
Examples of inherently dangerous activities are:
- Transporting flammable liquids or chemicals like gasoline
- Handling poisons, such as those used in crop dusting or fumigation
- Blasting with dynamite or explosives
- Performing fire-related activities, like controlled burning of fields
As you can imagine, strict liability rules are helpful for cases of abnormally dangerous activity. After all, an explosion could destroy much evidence proving what happened. This rule helps to rectify wrongs and compensate innocent parties who might not be able to prove negligence.
Animal attacks
Though many Orem residents might feel their pets are the nicest and the cutest in the world, sometimes domestic animals cause injuries. If an animal bites you, makes you fall, or causes you injury in some other way, strict liability laws could hold the owner responsible for the animal’s behavior.
Utah animal ordinances differ depending on where you live. A personal injury lawyer near Orem Park can help you determine which regulations apply to your case.
Set Your Lawyer to Work Without Delay
All American states have statutes limiting the time you have to file for civil damages after an incident. Whether you live in Utah or another state, you must take legal action before you run out of time.
Remember, your initial consultation is free, so you can learn whether you have a case without any obligation. What’s more, if you decide to hire one of our hard-working personal injury lawyers, you pay nothing out of pocket. We only get paid when we win compensation for you.
You might have to look far and wide for some things in life, but you can find quality representation near your Orem Park home. The phone lines at Siegfried & Jensen are always open. Call (801) 845-9000 or send us a message to receive a call from one of our representatives.
We look forward to hearing from you as soon as possible.
