West Valley City Personal Injury Attorney

The term “personal injury” does some heavy lifting in civil court. Whether you’re contending with a car accident, a dog bite, or nursing home abuse, your case falls into this category. What does this mean for your right to compensation, though, and does it impact how you need to file?

You can work with a personal injury attorney in West Valley City to answer these questions. The 1Law team can break down your case’s details and help you understand what action to take if you want to fight for applicable case compensation.

Addressing Your Personal Injury Needs

Researching the complexities of personal injury legal terms while you’re recovering from an accident isn’t everyone’s idea of a good time. That’s why we never make you address your circumstances alone. If you’ve been involved in a personal injury accident, you can count on our personal injury attorneys in West Valley City to:

• Assess the scene of your accident for evidence of liability
• Gather the aforementioned evidence and establish a legal complaint
• Present your legal complaint within Utah’s personal injury statute of limitations
• Communicate with the allegedly-liable party on your behalf
• Prevent intimidation attempts and protect you from insufficient settlements
• Mediate settlement negotiations
• Facilitate discovery during a traditional personal injury trial

Each of our cases is unique, and we approach them as such. You can discuss what your personal injury suit may look like during an initial consultation with our team.

Identifying a Personal Injury Case

The category of personal injury cases may be broad, but that doesn’t mean that these cases can’t be difficult to identify. If you’re not sure what kind of case you may have on your hands, consider what circumstances contributed to your related losses. If you believe negligence played a role, you may have the right to bring your case to civil court.

Our Personal Injury Expertise

Personal injury cases come in many forms. At 1Law, a personal injury attorney in West Valley City can address:

Car Accidents

Assigning liability in a car accident can be more complicated than you anticipate. Rideshare services, taxis, small businesses, and other institutions can all bear responsibility for your losses if their driver was on duty at the time your accident occurred. Auto mechanics and manufacturers can also be responsible for your roadway losses.

Our team breaks down liability in your car accident based on the evidence we find at the scene. We can make sure that you understand who bears the responsibility for your collision and how best to address that party in court. 

Motorcycle Accidents

Motorcycles are even more vulnerable to roadway accidents than cars are. If you’re involved in a motorcycle accident, you can work with our team to pursue compensation for your losses as well as another motorist’s negligence.

Property Liability

When you step onto someone else’s property, that person assumes a degree of responsibility for your wellbeing. Your right to certain protections varies depending on your role on that person’s property. Invitees and licensees benefit from more protections, but even trespassers – particularly children – have rights.

Our team establishes your role on someone else’s property at the time an accident occurred. From there, we can determine what compensation to which you may be entitled to based on your losses.

Animal Attacks

Utah operates under the “one bite rule,” Utah Code § 18-1-1, when it comes to the legal assessment of animal attacks. Animals’ owners can only be held liable for their pets’ behaviors if said pet has exhibited violent or mischievous behavior in the past. 

It’s our job to assess an animal’s history and help you comply with the “one bite rule” in court. We do not advocate for the euthanization of animals or even their removal from another person’s home – rather, we keep your losses the focus of our case. 

That said, there may be benefits to pursuing a criminal case against an abusive animal owner if you also want civil damages. If you’re able to prove that an animal and its owner engaged in illegal behavior, you can submit that declaration as evidence of negligence in civil court. You can discuss this interplay with an experienced attorney.

Injuries Involving Government or Public Bodies

Taking up a civil suit against the Utah government isn’t always an easy process. There are certain circumstances, however, that allow you to navigate around what is known as “qualified immunity.” In most cases, “qualified immunity” allows government officials and police officers to engage in behaviors that would otherwise see a person arrested or charged.

If you can prove that the body in question engaged in behavior that knowingly violated your constitutional rights, though, our team can pursue a civil suit on your behalf. We can work with you to gather evidence of a constitutional violation. We can also keep you up to date on a government case’s compressed filing deadline.

All the while, we can stand between you and any attempts to intimidate you out of legal action. Retaliation for legal action is illegal in Utah. If you have evidence of a party seeking retaliation against you, you may have the right to pursue criminal charges against another party in addition to your civil suit.

Medical Malpractice

In an ideal world, medical professionals would never endanger your wellbeing. Manufacturers, doctors, nurses, and specialists can all suffer from negligence, though. If your health worsened due to a medical professional’s negligence, you can bring a complaint up against the institution that said individual works with.

Nursing Home Abuse

There are several forms of nursing home abuse that can plague your loved ones. If you suspect that your loved one has endured physical, sexual, emotional, mental, or financial abuse at the hands of a nursing home staff, you can take legal action on their behalf.

Our team can work with you and your loved one to assess the extent of the alleged abuse. We can then bring a claim against the institution that once promised to keep your loved one safe. All the while, you can research new care facilities or aids to better help your loved one thrive.

Requesting Compensation for Personal Injuries

When it comes time for you to file a personal injury lawsuit, you need to understand what’s at stake. You can use your complaint to request financial support for your losses. This means that you need to list the extent of your losses in your initial documentation – ideally while providing evidence to back your claim.

In most personal injury cases, you can request financial compensation for losses like:

• Medical expenses related to your accident
• Property damage
• Essential property rental, as applicable
• Lost opportunities for work or wages

You can also request that a liable party compensate you for losses without an assigned dollar value. We calculate these “non-economic” damages by applying multipliers to your economic compensation. This way, you can fight for the funds you need to facilitate your long-term recovery.

How to File a Personal Injury Suit

You’ve established that you have a personal injury suit on your hands. You’re prepared to take action. How do you file your personal injury suit? Our West Valley City, UT, personal injury attorneys can help you:

Gather Your Evidence

Evidence does more than support your accident-related claims. When you’re not sure where to start with questions about liability or your losses, evidence can help you build your story. We begin our cases by first talking with you and then gathering evidence from the scene of your accident. Viable forms of evidence for your personal injury complaint can include:

• Photo or video footage of your accident
• Bystander testimony
• Input from expert witnesses
• Accident recreations
• Physical evidence, including damaged property and damage to the environment

Establish Liability

With evidence on hand, we can effectively identify the parties that may be liable for your losses. These parties can range from individuals to entire corporations. The more complex allegations of liability seem set to be, the more comprehensive your personal injury complaint needs to be.

In establishing liability, we also strive to prove that the party you named in your complaint owed you a duty of care. Proving a relationship between yourself, this party, and this duty can help a court understand why it is that you’ve chosen to pursue a civil suit for your losses.

Calculate Your Possible Compensation

As mentioned, evidence from the scene of your accident can help us elaborate on the economic value of your accident-related losses. When we calculate your case’s possible compensation, we make a point to include:

• Medical bills related to your post-accident care
• The cost of upcoming medical treatments
• The cost of replacing or repairing damaged property
• Emotional damages, including emotional distress and pain and suffering
• Lost wages or opportunities to pursue a career
• Wrongful death and funeral expenses, if applicable

Draft Your Demand Letter

With your desired compensation, a named party, and evidence to support both claims on hand, it’s time to draft your complaint. Complaints are also known as demand letters. You can present a personal injury complaint to West Valley City’s civil courts so long as you do so within the statute of limitations.

So long as the court approves your right to legal action, you can then present your losses to the party named in your suit. Your demand letter should again outline the extent of your losses and why you believe the named party owes you financial support.

Negotiate or Prepare for Discovery

The party you name liable in your suit can respond to your demand letter in a variety of ways. If the party is cooperative, they may opt to meet you for settlement negotiations. You and an attorney can attend these negotiations and encourage the defendant to provide you with the financial support listed in your original complaint.

Even cooperative parties may have qualms about the financial support you’ve requested, though. In these cases, you may have to take your case to court. In the aftermath of negotiations, you’ll need to prepare for discovery – otherwise known as the process of exchanging information with said defendant.

You can also undergo the discovery process with an uncooperative party. Our team will step in if it appears that the defendant behaves inappropriately. In some cases, a defendant’s uncooperative behavior may even give you the means to request additional compensation for your experience.

Your Deadline For Personal Injury Lawsuits

No matter what the circumstances of your accident were, you must bring them to the attention of a civil court within Utah’s mandated deadline. Generally, this deadline is defined by Utah Code Ann. § 78B-2-307. 

However, some situations are different, and deadlines can either be shorter or longer. If you don’t submit your paperwork within this time period, you waive your right to pursue compensation for a personal injury in civil court.

This is where the expertise of a personal injury lawyer comes in handy. Compiling essential information for a personal injury complaint can take time. If you’re recovering from an accident, you need to focus on healing and addressing your immediate bills. Our team can step in during this time and make the most of the time given to you by the aforementioned statute. 

Talk Over Your Personal Injury Losses With Our Team

Personal injury losses can have numerous and varied characteristics. While your case may not immediately seem like a personal injury case, you can still schedule an appointment to discuss your losses with our team. We can classify your suit and make sure you receive the right legal advice for your circumstances.

Moreover, our West Valley City personal injury lawyers at 1Law can help you advocate for your right to compensation. You can contact our office over the phone or through our website to learn more about our free case consultations. The sooner you get in touch, the sooner our team can fight for you.