Category Archives: Personal Injury Law

Utah Swimming Pool Accidents

Utah Swimming Pool Accidents

There are over 10 million swimming pools in the United States. According to the Center for Disease Control, there are around 3500 swimming pool-related deaths each and every year. When looking at the numbers it is a wonder that the unfortunate number is relatively low. Perhaps this is due to the safety and caution that is normally taken when people are swimming. Despite our best intentions accidents and even wrongful death can still occur. It is our job as swimming pool injury attorneys to help the families and victims recover during these trying times.

What Are The Common Causes Of Swimming Pool Accidents?

For most people, it does not take much effort to find a swimming pool for some family fun. The list goes on from private pools, public pools, water parks, recreation centers, indoor and outdoor pools. If the swimming pool is open to the general public laws and regulations require that a certain number of lifeguards must be one duty depending on the size of the pool and the number of swimmers. Whether the pool is public or privately owned, people need to take proper safety precautions and follow Utah’s safety regulations.

Swimming pool accidents are quite common and can be seen in the following forms:

• Someone slips while walking outside or around the pool area on the collected water.

• A person can be injured while using the diving board.

• Someone may suffer from drowning or a near-drowning experience.

• Brain injuries that can be caused by hitting their head on a hard surface.

Legal Representation for Swimming Pool Injuries

It is a complicated issue to properly determine who is at fault when a swimming pool incident occurs. Our attorneys use their vast experience to break down the situations of a case to help our clients understand where they are in the eyes of the law. Many times injuries and accidents are the results of the unsafe or neglectful behavior of the pool owner. Examples include a pool that is not properly secured or maintained or if small children in a pool are not being supervised. Many pool accidents happen when a swimmer falls, dives, or jumps into the pool and hits another person. A final major cause of injury or even death can arise when a swimmer becomes entangled or trapped in suction drains or other defective pool materials.

Common Causes of Swimming Pool Accidents

• Horsing around: Pools are meant to be fun, and both kids and adults love to jump in, splash around, and play all kinds of pool games. But you still have to obey certain safety protocols. Kids need to be taught that water can be just as dangerous as it is fun. Far too many people suffer slip and fall injuries around pools because they are running around. And if a pool is too shallow for diving, it is important that there are clear signs warning people not to jump in.

• Improper security. To keep small children and others safe, swimming pools must be outfitted with proper fencing or some kind of latched gate or door to prevent anyone from falling in and drowning.

Property owners with swimming pools are responsible for providing a safe swimming area for both children and adults. If the property owner of a swimming pool in a house, condo, apartment, hotel, or any other private or public entity fails to create a safe swimming environment, they can be held legally accountable for any injuries or deaths sustained in the swimming pool. Some of the most common causes of swimming pool accidents include diving board accidents, inadequate warning signs or fencing, a lack of supervision, a lack of lifeguards or improperly trained lifeguards, no swimming pool cover, a faulty valve, drain, or another swimming pool component and water that is too shallow. Swimming pool accidents fall under an area of law called premises liability. In Utah, you may have an accident injury claim if the following can be proved:

• The property owner or a responsible party for the swimming pool owed you a duty of reasonable care,

• The property owner or responsible party for the swimming pool breached this duty through either careless action or careless inaction,

• There was an injury to you proximately caused by this breach, and

• You suffered damages (monetary and non-monetary) from this injury.
Essentially we are trying to determine if the property owner was negligent and if that negligence caused your injury. Negligence around swimming pools could include:

• Defective parts in the pool or around the pool

• Missing safety marks that denote shallow versus deep ends of the pool

• Malfunctioning or defective diving boards

• Inadequate pool maintenance

• Inadequate pool lighting

• Missing safety equipment

• Improperly trained pool staff (or absent pool staff)

• Damaged or absent pool ladders

How Can I Prevent Pool Accidents?

Each year we hear about more and more accidents involving children and pools. In addition to our blog post about preventing pool accidents, we have gathered the below resources for you to consider. The U.S. Consumer Product Safety Commission (CPSC) has created PoolSafety.gov, which is a great resource for families. It provides information about pool standards and regulations in an easily accessible fashion. If you’re considering putting in a residential pool, hot tub, or spa, you may want to take a look at their tips and guidelines for improving safety for both adults and children.

Pool Drowning Laws

There are laws in place, at the federal and state level, that intend to prevent wrongful injuries or death and to serve justice when either of those do occur. Utah code provides the “minimum standards for the design, construction, operation, and maintenance of public pools” which does not include:

• private pools

• public pools built in accordance with the law during the time it was built (unless the executive director or the local health officer deems the pool unsafe)

• any body of water larger than 30,000 square feet

• pools designed for activities other than swimming, wading, bathing, diving, a water slide splash pool, or children’s water play activities

• float tanks

While it’s true that Utah law only sets specific guidelines for public pools, caution should be taken with privately owned pools, especially for those with children. Private pool owners who are neglectful of maintaining safety may be found liable for the injuries or death of a child on their properties through the attractive nuisance doctrine. To brush up on the recommended safety standards for privately owned pools, read Safety Barrier Guidelines for Home Pools published by the U.S. Consumer Product Safety Committee (CPSC) or visit our “Pool Drowning Resources” page. The rest of this article will focus on how Utah regulations that relates to pool drowning. Pool Shell Giving Swimmers a way to approximate a pool’s depth is an important step to reducing the risk of drowning. Because of this, the pool shell (or body of the pool) of a public pool must either be white or a light pastel color. In addition, pool shells must be made of materials that are “non-toxic to humans, impervious, and enduring over time.”

Finally, the interior surface of a pool must be crack free and must be made of material that is easily cleaned, non-abrasive, slip resistant, and approved by the American National Standards Institute (ANSI).Bather Load The bather load is legally defined as “the number of persons using a pool at any one time or specified period of time”. The limitation on a public pool is determined as follows:

• Spa pool: ten square feet per bather

• Indoor swimming pool: twenty-four square feet per bather

• Outdoor swimming pool: twenty square feet per bather

• Slide plunge pool: fifty square feet per bather

Floor Slope, Walls, and Diving In water that is less than 5 feet, the horizontal slope may not be steeper than 1 to 10 (horizontal to vertical feet). In water that is greater than 5 feet the horizontal slope may not exceed a ratio of 1 to 3. Scuba diving training pools are an exception to both of these requirements. Walls must be vertical and may not have ledges unless approved by the local health officer for a special purpose pool. Seats and benches are allowed, but must not be more than 20 inches below the water line. For diving, the depth of the pool area is determined by the height of the diving platform. When the Platform is not in use, it must be locked, covered or otherwise barred from use. Areas of the pool that do not allow diving must have a sign with “no diving” or the international no diving icon in four inch lettering every 25 feet. Ladders, Recessed Steps, and Stairs Utah code states that “steps or ladders must be provided, and be located in the area of shallowest depth.” If a pool is over 30 feet wide it must have steps or ladders on both of the side walls of the pool. Steps and ladders must be located within 15 feet of the diving-area-end wall. All pools must have two means of entry and exit and, if any of the entries are steps, they must also have handrails. Recessed steps must also have handrails that reach over the edge of the deck.

Decks and Walkways Utah code specifies that “A continuous, unobstructed deck at least 5 feet wide must extend completely around the pool.” The deck must be elevated from the water level at a maximum of 19 inches and a minimum of 4 inches. The deck is required to slope away from the pool towards drains that do not return to the pool water. Wooden decks are prohibited (R392-302-13).

Fencing all pools must have a fence of at least 6 feet surrounding the complete perimeter of the pool. Utah law specifies that this fence “may not permit a sphere greater than 4 inches” through any part of the fence. The door for the gate must be self-closing, self-latching, and require a key, electronic sensor, or combination to be opened.

Lighting, Ventilation, and Electrical Requirements A public pool may not be used during the night unless the local health officer grants an exemption. Swimming is permitted where the parts of the pool—including the deepest parts—and the deck are lit. All electric wiring “must conform with Article 680 of the National Fire Protection Association 70: National Electrical Code 2005 edition” (R392-302-23). To read more about pool drowning accidents,

Swimming pools provide an attractive way of enhancing your home and garden. They provide fun for all the family and friends, not to mention health benefits. They also provide a great focal point for garden parties, barbecues and other social gatherings.

Do I Need Planning Permission?

Planning Permission is not required subject to the following limits and conditions:

• No building, enclosure, pool or container forward of the principal elevation fronting a highway.

• Buildings are to be single story with a maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof or 3 metres for any other roof.

• Maximum height 2.5 metres within 2 metres of a boundary.

• No verandas, balconies or raised platforms.

• Maximum 50% coverage of land (i.e. garden) around the original house can be covered by additions or other buildings.

• In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers or pools more than 20 metres from the house to be limited to 10 square metres.

• On designated land (includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites), buildings, enclosures, containers or pools at the side of properties will require planning permission.

• Within the curtilage of listed buildings any outbuilding will require planning permission.

It is recommended that you contact the local authorities to ascertain whether you require consent. The rules governing swimming pools apply equally to outbuildings, sheds, greenhouses and garages as well as ponds, sauna cabins, kennels and many other structures incidental to the enjoyment of the dwelling house. Outdoor swimming pools do not generally require planning permission unless you are in an area of outstanding natural beauty, green belt, listed building or a conservation area. If you do come under one of these categories then contact your planning office for advice. Indoor swimming pools will be subject to planning and building control applications. This includes new builds and change of use etc. It is advisable for all indoor or commercial pools to commission an architect to prepare a basic set of drawings for an outline planning application. This will not only facilitate the planning and building control applications process but will allow the main contractor and/or the swimming pool contractor to provide estimates and a specification for the enclosure, the swimming pool and the plant equipment required in the pool area.

Swimming Pool Accident Lawyer

When you need legal help with a swimming pool accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Trucking Accidents In Utah

Trucking Accidents In Utah

Truck accidents are different from ordinary car accidents. The damage is often catastrophic, and the legal cases are more complex. Hiring an experienced attorney gives you the best chance of recovering compensation for your injuries, pain and suffering, lost wages and other damages. If you’re involved in an accident with a big rig, things can get more complicated than they might after a more run-of-the-mill traffic accident. Understanding the common reasons for trucking accidents, the laws involved, and the relationships among the entities (connected to the truck, trailer, and load) can help you determine whether you have a valid personal injury claim after a truck accident.

Thousands of people are killed every year in accidents involving large trucks, leaving behind grieving families and financial ruin. Those who survive often have severe or disabling injuries, and the cost of medical treatment can be overwhelming. A variety of factors ranging from speeding to distracted driving to driver impairment can cause truck accidents. An experienced attorney who understands the complexities of truck accident law can help you determine who’s at fault and guide you through the process of seeking compensation.

Who Is Liable in a Truck Accident?

Determining who’s at fault is one of the critical issues in a truck accident case. In order to be successful, you must be able to prove that the truck driver or other parties were negligent. Trucking companies are often held liable for their employees’ negligence. If a truck driver is an independent contractor, on the other hand, he or she can be held personally responsible for causing a crash. Sometimes, trucking companies will try to claim that a trucker they employ is an independent contractor to try to get out of being sued. But independent contractors must meet very specific conditions under employment and tax laws. If a truck company is paying employment taxes, such as Social Security, Medicare and federal unemployment taxes, then the trucker is an employee, not a contractor. Other parties may also bear liability for a crash. If a defective part contributes to a crash, for example, the manufacturer of the part may be sued. Similarly, a cargo loader may be held responsible if improperly loaded cargo causes an accident.

Some common causes of truck accident negligence include:
• Speeding
• Careless driving
• Driver fatigue
• Driver impairment (alcohol, drugs, illness, etc.)
• Distracted driving
• Poor vehicle maintenance
• Equipment failure or defects
• Improper cargo loading

Comparative Fault

You may still be entitled to compensation even if you’re partly to blame for the accident. Most states follow the doctrine of comparative negligence when determining liability in a personal injury case. What that essentially means is that if you were determined to be 20 percent to blame for the accident, any damages collected would be reduced by that percentage. In that situation, if you were awarded $1 million, you’d be able to recover $800,000. Conversely, if you were found to be 80 percent responsible, you’d only be able to collect $200,000.

Accident Site Investigations

Investigations of the accident site are a key part of building your case, and a competent attorney will perform a thorough accident investigation. It’s important that your lawyer is on scene as soon as possible to talk to witnesses, take photographs and preserve critical evidence. Many trucks contain event data recorders known as black boxes that may provide evidence of actions that the truck driver took or didn’t take in the moments before the crash. This can help forensic investigators determine how the accident occurred. To reconstruct the accident, investigators will also examine a variety of other evidence, including: skid mark directions, the length of skid marks, points of impact, impact angles and the weight dimensions of each vehicle. They may even conduct crash tests to try to recreate the accident. Since many settlements are confidential, it’s impossible to pinpoint an average settlement figure. But it’s not unusual for settlements in truck accidents to reach into the millions.

Medical Expenses

Every case is different, but generally, the higher your medical bills and the longer you need treatment, the higher your settlement will climb.

Lost Income

Many truck accident victims miss substantial time from work, and some are unable to ever work again. Whatever the case, your lost wages will be figured into your settlement amount.

Property/Vehicle Damage

Because 18-wheelers are so massive, they tend to cause disastrous damage to the vehicles they hit. In that case, the insurance company will total your car. If the car can be fixed, cost of repairs will usually be determined by an insurance adjuster.

Pain and Suffering

Calculating pain and suffering isn’t as cut and dry as other damages. Also known as “non-economic” damages, pain and suffering includes everything from physical pain and disfigurement to loss of enjoyment of life and other types of emotional distress. Typically, the more severe an injury, the higher the payout for pain and suffering.

Legal Fees

Personal injury attorneys typically work on a contingency basis, which means that your lawyer will take a percentage of whatever settlement you’re offered. Different law firms charge different amounts, so be sure to read the fine print of whatever agreement you sign when you hire a firm to represent you. In most cases, it’s the insurance companies that pay the verdicts and settlements in trucking accident litigation. Because of the nature of the commercial trucking industry, truck insurance policies usually have much higher liability limits than typical passenger automobile insurance policies. Interstate truckers hauling non-hazardous goods, for instance, are required by federal law to carry a minimum of $750,000 in liability insurance. Overdrive, a trucking industry magazine, suggests truckers consider carrying at least $5 million in coverage.

Truck Driver Fatigue and Drug Use

Drowsiness or fatigue can:
• significantly lessen a driver’s ability to control the truck
• impair judgment
• reduce reaction times, and
• prevent the driver from making safe driving decisions.
A tired driver might fall asleep, be inattentive, or misjudge driving conditions.

Controlled substances can have a similar impact. Federal regulations require trucking companies to test their drivers for alcohol and drug use as a condition of employment. Carriers also must conduct periodic random tests of drivers who are on duty, and test any driver involved in an accident involving a fatality.

Truck Driver Errors

Driver errors such as taking a curve too fast, exceeding the speed limit, and failing to monitor blind spots can also lead to collisions.

Tractor-Trailer Equipment Problems

Another common cause of truck accidents is equipment or mechanical failure. Manufacturing problems (like defective tires) or design errors (such as failing to provide backup warnings or object detection systems) can lead to crashes. Failure to properly maintain equipment can also lead to trucking accidents. A few common failures that often lead to mechanical problems are:
• removing or depowering the front brakes (to minimize the expense of tire and brake wear and replacement costs)
• failing to maintain the brakes
• improper loading or securing of cargo, contributing to truck rollover
• defective steering
• failure to maintain tires, leading to a blowout, and
• improperly attaching the trailer, increasing the risk of jackknifing.

Truck Accident Laws

The failure to comply with federal or state laws and regulations can provide the basis for a personal injury case after a big rig accident.

Federal Trucking Laws

The bulk of federal regulations dealing with the trucking industry are in Title 49 of the Code of Federal Regulations. Federal trucking laws establish standards that carriers, owners, and drivers must meet, and often determine who’s responsible for a trucking accident.
For example, federal law limits the number of hours that drivers can work. Drivers of property carrying commercial vehicles can work a maximum of 14 consecutive hours, during which time they can drive for a maximum of 11 straight hours. The driver must be off-duty for ten consecutive hours before starting a shift. A driver can’t drive after being on duty for 60 hours over seven consecutive days or 70 hours in eight consecutive days, depending on whether the carrier operates its vehicles every day of the week. Federal law also requires truckers to record their driving information in logbooks. Agencies that regulate truck driving include the U.S. Department of Transportation (USDOT) and the Federal Motor Carrier Safety Administration (FMCSA). The USDOT sets safety regulations, while the FMCSA works to prevent deaths and injuries from commercial motor vehicles. Truck safety standards regulate, for instance, truck weight, equipment, and emissions. Also, trucking companies have to maintain various levels of insurance coverage depending upon the type of materials they transport.

State Trucking Laws

State laws also cover the trucking industry. These laws typically set speed limits for commercial truckers and sleep requirements for drivers. Every state has a department of transportation with its own set of trucking regulations. State departments of transportation control everything from driver licensing to vehicle inspections.

Truck Driver Liability

If a trucker caused a collision because of negligent behavior like fatigued or distracted driving or speeding, you could sue the driver. Because a truck driver is also usually responsible for inspecting the truck for maintenance and making sure cargo is loaded correctly, if a maintenance problem or cargo shift contributes to a truck accident, the trucker could be at least partly responsible for the incident. But because a truck driver’s insurance coverage might not be able to fully compensate you for your injuries, your lawyer will probably look for other potentially responsible parties, like the trucking company.

Trucking companies sometimes try to shield themselves from trucking accident liability by requiring drivers to own their trucks as independent owner-operators. But a trucking company’s contention that the driver is the only liable party because of an independent contractor relationship won’t always hold water.

Some of the questions that a court takes into consideration when deciding if the trucking company is also liable include:

• How much control does the trucking company have over the driver?
• Can the driver enter into contracts with other trucking companies, or is the driver exclusively with one carrier?
• Does the trucking company set the driver’s working hours and routes?
• Can the driver refuse a load?
• How does the trucking company pay the driver?
• Is the driver responsible for insurance, including workers’ compensation and liability insurance?
• Is the trucking company using the driver’s independent contractor status to shield it from liability even though the driver performs all the functions that an employee would perform?

After reviewing these factors (and others) the court will determine the connection between the company and the driver, and assign liability. In most cases, classifying a driver as an independent contractor won’t relieve the trucking company of liability. Under federal regulations, a company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle. It doesn’t matter if the driver is an employee or independent contractor. (If a trucking company leases a truck from an owner or driver, the trucking company generally obtains the necessary permits to operate the truck. The vehicle then displays the trucking company name and its permit numbers.) But not all jurisdictions apply liability in the same way.

What Should I Do If I Get in an Accident With a Big-Rig Truck?

If you get in a collision with a big rig and don’t need immediate medical treatment, here’s what you should do before leaving the scene:
• Check your passengers and the other driver to make sure they’re safe.
• Next, notify the authorities about the incident.
• Be sure to get the truck driver’s information, including insurance information and contact information. Ask if the driver is an employee of the trucking company, an independent contractor driving an owned vehicle, or operating a vehicle under a lease.
• Use your phone to take photos of any damage and any logos or signage on the truck.
• Note the road conditions, weather conditions, and any other conditions that might have contributed to the crash.
• Get the names and addresses of any witnesses.
• Contact your state attorney

Trucking Accident Lawyer

When you need a trucking accident attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Utah

From Wikipedia, the free encyclopedia
 

Coordinates39°N 111°W

Utah
State of Utah
Nickname(s)

“Beehive State” (official), “The Mormon State”, “Deseret”
Motto

Industry
Anthem: “Utah…This Is the Place
Map of the United States with Utah highlighted

Map of the United States with Utah highlighted
Country United States
Before statehood Utah Territory
Admitted to the Union January 4, 1896 (45th)
Capital
(and largest city)
Salt Lake City
Largest metro and urban areas Salt Lake City
Government

 
 • Governor Spencer Cox (R)
 • Lieutenant Governor Deidre Henderson (R)
Legislature State Legislature
 • Upper house State Senate
 • Lower house House of Representatives
Judiciary Utah Supreme Court
U.S. senators Mike Lee (R)
Mitt Romney (R)
U.S. House delegation 1Blake Moore (R)
2Chris Stewart (R)
3John Curtis (R)
4Burgess Owens (R) (list)
Area

 
 • Total 84,899 sq mi (219,887 km2)
 • Land 82,144 sq mi (212,761 km2)
 • Water 2,755 sq mi (7,136 km2)  3.25%
 • Rank 13th
Dimensions

 
 • Length 350 mi (560 km)
 • Width 270 mi (435 km)
Elevation

 
6,100 ft (1,860 m)
Highest elevation

13,534 ft (4,120.3 m)
Lowest elevation

2,180 ft (664.4 m)
Population

 (2020)
 • Total 3,271,616[5]
 • Rank 30th
 • Density 36.53/sq mi (14.12/km2)
  • Rank 41st
 • Median household income

 
$60,365[6]
 • Income rank

 
11th
Demonym Utahn or Utahan[7]
Language

 
 • Official language English
Time zone UTC−07:00 (Mountain)
 • Summer (DST) UTC−06:00 (MDT)
USPS abbreviation
UT
ISO 3166 code US-UT
Traditional abbreviation Ut.
Latitude 37° N to 42° N
Longitude 109°3′ W to 114°3′ W
Website utah.gov
hideUtah state symbols
Flag of Utah.svg

Seal of Utah.svg
Living insignia
Bird California gull
Fish Bonneville cutthroat trout[8]
Flower Sego lily
Grass Indian ricegrass
Mammal Rocky Mountain Elk
Reptile Gila monster
Tree Quaking aspen
Inanimate insignia
Dance Square dance
Dinosaur Utahraptor
Firearm Browning M1911
Fossil Allosaurus
Gemstone Topaz
Mineral Copper[8]
Rock Coal[8]
Tartan Utah State Centennial Tartan
State route marker
Utah state route marker
State quarter
Utah quarter dollar coin

Released in 2007
Lists of United States state symbols

Utah (/ˈjuːtɑː/ YOO-tah/ˈjuːtɔː/ (listen) YOO-taw) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[9] Most of the western half of Utah lies in the Great Basin.

Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.

People from Utah are known as Utahns.[10] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of The Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[11] Utah is the only state where a majority of the population belongs to a single church.[12] The LDS Church greatly influences Utahn culture, politics, and daily life,[13] though since the 1990s the state has become more religiously diverse as well as secular.

Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[14] with the 2020 U.S. Census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[15] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[16] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate changedroughts in Utah have been increasing in frequency and severity,[17] putting a further strain on Utah’s water security and impacting the state’s economy.[18]

Attorneys 84604

Attorneys 84604

Many personal injury cases resolve without requiring a lawsuit. In an ideal world, an injured person would simply submit a claim to the insurance company and then be able to negotiate a fair value to resolve the claim. Unfortunately, this is not always possible. Often insurance companies deny responsibility or make offers that are far less than what claims are worth. As a result, an injured person may need to file a lawsuit to obtain the compensation they deserve. Filing suit is done by filing a document called a Complaint with the Court stating how the incident occurred and setting forth the claims. This document is then served upon the defendant(s) to begin litigation. The defendant’s liability insurance company will hire an attorney to respond to the Complaint with a document called an Answer. Sometimes you might hear people discuss the “parties” to a lawsuit. The parties to the suit are the “plaintiff” and the “defendant.” The injured claimant is the plaintiff. The individuals or entities who have been sued are the defendant(s). It is important to remember that filing a lawsuit does not guarantee that there will be a trial. The plaintiff always has the option of negotiating a reasonable settlement during the course of litigation. Often, the litigation process will position a case for a better settlement result without the need for trial. Insurance companies may increase the offer to a reasonable amount any time prior to the trial date. However, it is best practice to prepare every case as if it is going to trial so that you are ready to win a trial if settlement is not possible. There are some cases that simply require a trial to get the best possible result.

These are the eight typical steps to litigation in Circuit Court:
Step 1: Suit Filed: Complaint drafted and filed with the clerk of the appropriate Court. The Court creates a file and a case number is assigned.

Step 2: Service on Defendant(s): The sheriff’s office or a private process server obtains the Complaint and service documents from the clerk’s office and serves them on the defendant(s).

Step 3: Defense Files Answers: The defendant’s insurance company hires a lawyer (defense attorney) who will defend the case. The defense attorney will file an Answer in response to the allegations in the Complaint.

Step 4: “Interrogatories”: The plaintiff will typically serve written questions and written requests upon the defendant(s). The written questions are called “interrogatories.” These questions are designed to “discover” information about the defendant(s), how the defense contends the incident occurred, and any defenses they have asserted. This is called “discovery” or the “discovery process.” Each defendant, with the assistance of the defense lawyer, must respond to the plaintiff’s questions and requests for documents. Likewise, the defense lawyer will send the plaintiff interrogatories and requests for documents seeking information about the incident, the plaintiff’s background, medical history, work history, and other relevant aspects of the case. The parties have a limited time period in which to respond to those questions. A good personal injury attorney will help the plaintiff prepare responses to the questions so that they are accurate and complete. The plaintiff’s responses to these questions are given under oath by signing a notarized affidavit.

Step 5: Set Case for Trial: Most of the time, a trial date is set by agreement of the parties subject to the Court’s trial calendar and the availability of the attorneys and the parties. Many court dockets are booked months in advance, so depending on the circumstances, the parties will often coordinate on a trial date before the discovery process is complete.

Step 6: Depositions: The parties in litigation have a right to take depositions. A deposition is essentially an in-person interview conducted under oath with a transcriptionist writing down everything that is said. The primary purposes of a deposition are to learn what a particular party or witness knows about information relevant to the case and to find out what that party or witness is likely to say at trial. The plaintiff (through his or her attorney) has an opportunity to depose the defendant about how the incident occurred. The defense attorney will have an opportunity to depose the plaintiff about the incident, the plaintiff’s background, injuries, medical history, work history, and other topics related to the case. Either party has a right to depose other witnesses, as well. A good plaintiff’s attorney will meet with the plaintiff in the days before the deposition to thoroughly prepare the plaintiff for the defense attorney’s questions.

Step 7: Trial Preparation: As the trial date approaches, a professional personal injury attorney will diligently work to gather and organize the evidence needed to be successful at trial. If the insurance company continues to deny responsibility or continues to refuse to extend reasonable offers, then a trial may be necessary. Prior to trial, a prepared personal injury attorney will meet with the plaintiff, the plaintiff’s family, friends, co-workers, the investigating officers, and other witnesses who may be needed to present the case effectively.

Step 8: Trial: If necessary, a plaintiff’s case will be tried in Circuit Court to a jury of seven people drawn from the community where the case is filed. At the conclusion of the trial, the jury will render a verdict. If the jury finds in favor of the plaintiff, then it is supposed to award money damages that will “fully and fairly compensate” the plaintiff for their injuries and losses.

How to Sue

Once you have decided to go ahead and file a lawsuit, you will probably need some help figuring out how to get started. Filing a lawsuit is not always a clear and straightforward process, and even basic decisions such as where to sue might not be as simple as they seem.

Determining if You Should File a Lawsuit

When someone injures you or damages your property, your first instinct may be to think, “I’m going to sue that person!” But, lawsuits take up a lot of time, energy, and often money so it’s important to consider it carefully before actually filing a lawsuit. There are a few helpful questions to consider when determining whether or not to file a lawsuit:
• Do you have a good case?
• Would you be willing to go to mediation or accept a settlement?
• Will you be able to collect if you win your lawsuit?
First, although there are never any guarantees that you will win a case, it’s important to figure out if you have a good case. Most lawsuits can be broken down into a series of elements and in order to determine if you have a good case, each element must be satisfied. For example, if you want to file a breach of contract lawsuit against a contractor, you would have to make sure that you are able to satisfy each element of a breach of contract case. Second, in Utah legal system, a majority of cases are settled instead of taken to trial. Many times the best solution to a problem is to discuss the issue with the other side, often with the help of a neutral mediator. Mediation is often a much more low cost and quicker alternative to a trial. In fact, many situations may require the parties attempt to mediate or arbitrate the issues before actually heading to court. Assuming you have positive answers to the first two questions, you should also think about whether or not you’ll be able collect a money judgment from the defendant. It’s important to remember that if the defendant doesn’t have the ability to pay a monetary judgment, there is really no point in going through the time, effort, and money of filing a lawsuit against him or her.

Statute of Limitations

It’s important to be aware that there are time limits to file a lawsuit. The time limit, known as the statute of limitations in legal terminology, will depend on state laws as well as the cause of action for the lawsuit. For this reason, it’s important to consult an attorney or look up the laws of your state when considering whether or not to file a lawsuit. The clock for the statute of limitations of a particular cause of action can start running at several different times. Three of the most common times that the clock can start to run are: the date of harm, the date of discovery of the harm, or the date you should have discovered the harm. The date of harm is when the actual injury occurred, such as the date of the car accident that damaged your car. The date of discovery can occur when the injuries or damage could not have been ascertained until a later date. Finally, the date you should have discovered the harm is when a reasonable person would have discovered the harm. Generally speaking, you can look up the laws of your state to find out when the statute of limitations begin for the particular harm you have suffered.

Hiring a Litigation Attorney

If you believe that someone should be responsible for the personal injury, property damage, or monetary loss you have suffered and you are interested in filing a lawsuit, you should contact a local litigation attorney to discuss your options.

Starting the Case: Initial Court Papers

The legal papers that are filed in court at the beginning of a lawsuit are called “pleadings.” Your attorney will explain pleadings to you in the particular context of your case, but the summary that follows will give you a head start in understanding some of the many documents that may become a part of your civil lawsuit. Please note that some states have different names for some of these documents.

Complaint/Petition

Usually the first document filed in a lawsuit is the Complaint (or Petition), which provides an outline of the plaintiff’s case against the defendant. The Complaint is a document that identifies the parties involved, sets out the legal basis for the court’s jurisdiction over the controversy, states the plaintiff’s legal claims, and relates the facts giving rise to the claims. The Complaint will also contain a section called a demand for judgment or prayer for relief. Here the plaintiff will set forth what he or she wants the court to order the defendant to do — such as pay damages or take (or cease) a certain action. The purpose of the Complaint is to provide the defendant with notice of the factual and legal grounds for the plaintiff’s claims. Generally, the facts set forth in the Complaint are based on the plaintiff’s own knowledge. Sometimes the plaintiff will use the phrase, “upon information and belief” before setting forth some facts. This means that the plaintiff has heard about those facts from someone else, or has formed the belief that the events described in the paragraph happened as described. Most states require that the Complaint set forth only a short and plain statement of the plaintiff’s claims, so the facts in the Complaint don’t necessarily need to tell the whole story.

Summons and Service of Process

The Summons is an order from the court where the lawsuit will be heard or “litigated.” It notifies the recipient (the “defendant” in the case) that he or she has been sued, refers to the Complaint or Petition, and sets out the time limit within which the defendant must file an answer or seek to have the case dismissed. It will also describe the consequences of failing to respond in a timely manner: the case may be decided without the defendant and he or she may be bound by the result even without participating. Failing to respond to a lawsuit on time will cause a defendant to be “in default.” The Summons is usually a form document. It will have a preprinted caption that contains the name of the court, the names of the parties and a docket number (the court’s identification number for the matter). The body of the document will tell the defendant that he or she has been sued. This language is called the “Notice.” The Summons will be delivered or “served” on the defendant along with the Complaint, either when somebody actually confirms his or her identity and gives them the documents, or when they are mailed to the defendant. The legal term for this is “service of process.” The Summons, properly served, gives the court power or “jurisdiction” over the case and over the defendant. That means the court may make decisions about the controversy described in the Complaint, and decisions affecting the defendant with respect to the controversy.

Counterclaim

If a defendant has his or her own claim against the plaintiff, one which arose out of the same circumstances as those that led to the Complaint, it should be raised in the Answer in a section titled “Counterclaims.” The Counterclaim will be written in a manner similar to the Complaint.

Reply to Counterclaim

If a defendant asserts a Counterclaim in the Answer, the plaintiff may respond by filing a “Reply.” The Reply will “admit,” “deny,” or assert that the plaintiff lacks information, just as the original Answer did. The Reply also may assert defenses, just as the Answer did.

Cross-claim

Cross-claims arise when there are many parties to the lawsuit and two or more, who are “aligned” as plaintiffs or as defendants, have their own dispute arising out of the transaction or occurrence. For example, if Driver B and Driver C are sued by Driver A after a multiple-vehicle accident, and Driver C was actually injured by something Driver B did, Driver C might file a cross-claim against Driver B, within the same lawsuit.

Answer to Cross-claim

The person being sued in a Cross-claim will file an Answer similar to the one filed after the original Complaint.

Third-party Complaint

Sometimes a defendant who has been sued will have a legal reason for passing liability off to another person. A common example is a contract in which the third party promises to pay if you the defendant is found liable in a case. This person may be brought into the lawsuit if the defendant files a Third-party Complaint. Like the regular Complaint, it will set forth the relevant facts giving rise to the defendant’s claim against the third party, and will set forth a request for relief.

Answer to Third-party Complaint

The person being sued through a Third-party Complaint must file an Answer, similar to the one filed after the original Complaint.

Resolution Before Trial: Court Motions

Pretrial motions can resolve many important questions about your lawsuit. A motion is a request your lawyer files with the court asking for a ruling on a particular matter. If the ruling on the motion could terminate the litigation and end the dispute before trial, it is called a dispositive motion. If the ruling is on some incidental question that arises during the litigation, it is a non-dispositive motion.

Motion to Dismiss

A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion. The motion is brought when the defendant believes that the complaint is legally deficient in some way. In deciding a motion to dismiss, the court must view the facts set forth in the complaint in the light most favorable to the plaintiff. The motion to dismiss is usually based on one or more of the following legal deficiencies:
• Lack of subject matter jurisdiction: meaning that the court doesn’t have the power to rule on the controversy. For example, state law may require a special court to determine certain matters, such as requiring that a probate court, rather than a general civil court, decide a complaint involving the interpretation of a will.
• Lack of personal jurisdiction: This means that the court does not have power to make decisions affecting the defendant personally. The court lacks jurisdiction over you if you do not have sufficient minimum contacts with the place where the lawsuit has been filed.
• Improper venue: “Venue” refers to the particular location of the court. States have statutes setting forth the places within the state where you can be sued. If you are not sued in one of those places, the site of the lawsuit is inappropriate. A venue may be legally improper even if the court has personal jurisdiction over you. A frequent solution to this problem is not to dismiss the case, but to order that it be transferred to the proper venue.
• Insufficiency of process or insufficient service of process: A case may be dismissed if there is a technical defect in the summons (which is rare), or if you were not properly served with the summons and complaint (which is more common). Service may be improper for a number of reasons, so be sure to tell your lawyer about how you were served and any odd circumstances so your lawyer can determine whether it could lead to the case being dismissed.
Failure to state a claim upon which relief may be granted. In some cases, your lawyer may conclude that the facts set forth in the complaint do not state a legal claim for relief. For example, the complaint may allege that you did some negligent act that injured the plaintiff. The law may provide that you don’t have any responsibility to look out for the plaintiff under the circumstances described in the complaint. If you don’t have a legal responsibility, you cannot be held liable for the plaintiff’s injuries.

84604 Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

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Individual Liabilities In Accidental Shooting

Individual Liabilities In Accidental Shooting

While the right to keep and bear arms is constitutionally protected, states have long restricted how and when people can use firearms. All states, as well as cities and municipal governments, have laws or ordinances which prevent people from firing or discharging a weapon under certain circumstances. These laws, often known as unlawful discharge, negligent discharge, or unlawful use of a weapon, differ widely between states and cities. Shootings are an all-too-frequent occurrence in the USA. With the number unintentional shootings averaging about 2,000+ per year and continually on the rise, many folks might be wondering: what’s the criminal charge and penalty for accidentally shooting someone? Whether a person was cleaning their gun, dropped their gun, or claiming the gun malfunctioned or just went off, if someone gets hit with the bullet, criminal charges are likely to follow. Not everyone gets so lucky as to have the shooting victim apologize to them. In fact, it is much more likely that an accidental shooting will result in serious criminal charges.

What is the Accidental Discharge of a Firearm?

The law defines the accidental discharge of a firearm as the event of firing at a time not intended by the firearm user. In such an event, people may be injured, or property may be damaged. Accidental discharge may be a criminal offense. Whether this gun law offense is a misdemeanor or a more serious crime — that is, a felony — depends upon state law and the degree of injury or damage caused by the discharge. Unlawful discharge of firearms laws typically punishes the unlawful firing of a firearm, such as a pistol or shotgun, but they may also apply to other weapons such as crossbows, blowguns, and BB or pellet guns. Unlawful discharge laws prohibit firing any weapon in certain areas or under specific circumstances, such as firing from a moving vehicle, firing across a state highway, or firing into or at an occupied building.

How Does an Accidental Discharge Occur?

An accidental discharge is the act of negligently firing a gun that can cause injury or death to others, or damage to property. Negligence is the failure to use reasonable care under the circumstances. Accidental discharges can occur anywhere, including at residences and public places. These events commonly occur at events where firearms are likely to be present, such as hunting trips and shooting ranges. Accidental discharges can occur in a number of ways. These include:
• When an individual deliberately pulls the trigger of the firearm for a purpose other than to have the firearm discharge. Examples of such other purposes include safety or function testing, or gun safety demonstration. During these events, however, ammunition is, unbeknownst to the user, left in the chamber of the gun, and is accidentally released by the trigger pull;

• When an individual, in attempting to grip or holster the firearm trigger without intending to pull the trigger, accidentally squeezes the trigger with sufficient force to cause an accidental discharge;
• When an individual, without intending to, drops a firearm, thereby causing the trigger to be pulled and an accidental discharge to occur. Such discharges are often committed by inexperienced users; and
• When the firearm suffers from a mechanical malfunction. In some instances, mechanical malfunctions can occur because the gun is defective. In other situations, mechanical malfunction can occur as a result of failure to maintain the firearm or ammunition in proper working order or condition.

Manslaughter (Criminally Negligent Homicide)

Manslaughter (Criminally Negligent Homicide) means recklessly causing the death of another person or committing murder with a mitigating factor such as acting under extreme emotional distress or under a delusion due to a mental illness. When a person unintentionally kills another, whether or not a gun was used, they can be charged with manslaughter, which is a felony. Manslaughter is frequently referred to as criminally negligent homicide, as that name more closely mirrors the elements of a manslaughter charge. To be found guilty of manslaughter, a person has to die as a result of a defendant’s inherently dangerous actions or actions taken with reckless disregard. Manslaughter is a second-degree felony punishable by up to 15 years in prison and up to $10,000 in fines. Typical penalties for a manslaughter conviction include at least one year in jail, and can be much worse if the conduct that led to the death merit such. For example, a repeat drunk driver that causes a death is likely to face a harsher sentence than a recently victimized elderly man who, instinctively, accidentally shoots someone they believe to be a robber. Unlike other states which divide the crime of manslaughter into voluntary and involuntary manslaughter, the Beehive State divides its manslaughter laws based upon things such as recklessness of the act, the use of negligence, and whether the death occurred while operating a motor vehicle (i.e. vehicular manslaughter) or committing assault or child abuse. The primary difference between murder and manslaughter is intent. Murder is generally understood to be an intentional killing whereas manslaughter is an unintentional killing. However, there are exceptions to this rule. For example, if a person commits murder under extreme emotion distress or while acting under a delusion due to mental illness, the crime of murder may be reduced to manslaughter. These defenses are called mitigating circumstances.

Non-Lethal Shootings

If a non-fatal, accidental shooting occurs, criminal charges can still be brought. Generally, causing harm to another, even if unintentional, can still be illegal. Unfortunately, however, there are some states, like Florida, where even lethal accidental shootings can go unpunished, if the conduct does not rise to the level of recklessness (which for the Sunshine state is much higher than you’d expect). Alternatively, in Virginia, just the reckless handling of a firearm leading to injury can be charged as felony punishable by up to 5 years. In addition to the numerous specific state and local laws that regulate improper and accidental discharges of guns, criminal negligence charges are likely appropriate in an accidental shooting case. Unless the defendant is a repeat offender, or there are additional criminal charges, which could include other firearms charges, or assault, generally, criminal negligence, and other charges for accidentally shooting, but not killing, will be misdemeanor charges, punishable by not more than one year in jail.

Causes of Firearm Accidents

Unintentional shootings rank among the leading causes of gun deaths. Why do they happen?

Lack of Training

Firearms safety courses are vital in teaching gun owners how to safely use their gun. Gun owners who did not undergo proper training are more likely to injure or kill someone in an accidental shooting than those who did.

Drugs and Alcohol

Accidents happen more often when people show off or play with guns, especially while under the influence of drugs and alcohol.

Manufacturer Error

Not all guns are designed and manufactured correctly. If a weapon discharges on account of poor design or a manufacturing defect, the manufacturer can be held legally responsible for the damage that occurs. Unintentional shootings rank among the leading causes of gun deaths.

Lack of Parental Guidance

When a child gets hold of a gun, the parent may be found legally responsible for failing to keep it in a secure place.

Who Is Responsible in Negligent Shootings?

If a person’s carelessness contributed to the incident, the courts will consider several factors to determine liability. In most cases, either the gun’s owner or the person who discharged the firearm faces full responsibility for an incident. In some cases, a parent or a child may face some degree of responsibility.
Examples of negligent shootings include:
• A child discovers an unsecured, loaded firearm around the house and accidentally shoots himself or herself or others.
• A hunter fails to keep the safety on a firearm and accidentally shoots a fellow hunter.
• A gun owner fires into the air in celebration, and the returning bullet strikes a bystander.
• A teenager purposefully accesses a parent’s locked firearm and accidentally discharges it, hitting himself or herself or others.
What are the Legal Penalties for Accidental Discharge Offenses?
Conviction for an accidental discharge may result in misdemeanor charges (i.e., up to a year in prison, and/or files) or felony charges (i.e., a year or more in prison, and more significant fines). The severity of the penalty depends upon the degree of negligence. The penalty also may be enhanced in certain circumstances. Many states provide for harsher penalties if the discharge occurs in a public place or a residence.

What Are the Criminal Penalties for Accidentally Shooting Someone?
Generally speaking, merely negligent accidental discharge offenses carry lighter penalties than do reckless discharge offenses. A reckless discharge is a careless discharge made by an individual who is indifferent to the risk of injury or damage posed by the discharge. Examples of reckless (as opposed to merely accidental) discharges include:
• A discharge made where multiple people are publicly gathered. Such as, for example, by carelessly pointing the firearm into the air and carelessly discharging it at a large gathering. Generally, the greater the degree of carelessness and the greater number of people present, the more “reckless” the discharge is; and
• Careless discharge of a firearm, such as a handgun, pistol, or revolver, with bullets that can kill someone. Such discharge is generally considered to be reckless. Careless discharge of a BB gun or an air gun is also considered to be reckless, although less so.

An extremely reckless discharge carries more severe penalties, in terms of jail time and fines, than do “regular” reckless discharges or accidental discharge. Extreme recklessness is generally defined as recklessness that is so gross and brazen as to show a flagrant disregard for human life, that can seriously injure one or more people. An example is the careless discharge of a firearm in extremely close proximity to a large group of individuals. Unlawful discharge of a weapon crimes can be either misdemeanor or felony offenses depending on the state and the circumstances of the case. Misdemeanor offenses are less serious than felony offenses, though both can result in significant criminal penalties.
Criminal penalties for accidentally shooting someone include:
• Jail: Jail sentences for the unlawful discharge of a weapon differ widely depending on the state or city. For some city ordinance violations there may be no associated jail time penalty at all, while misdemeanor charges can result in a few days or up to a year in jail. Felony offenses, especially where a person fired into an occupied home or fired in a way that risked human safety, can result in prison sentences of five years of more.
• Fines: Fines for illegal discharge convictions also vary significantly. City ordinance fines can be as small as five dollars, while misdemeanor fines typically range between about $50-$1,000. Felony fines are often much more significant than, sometimes as high as $10,000 or more.
• Probation: You can also be sentenced to probation for the illegal firing of a weapon. Probation sentences typically last at least 12 months, but can exceed three years in some situations. When you’re on probation you have to meet specific conditions, such as paying all court costs and fines, taking a drug and alcohol rehabilitation program if substance abuse was involved, regularly reporting to a probation officer, and not committing more crimes. Failing to comply with any probation condition can result in a court revoking probation and imposing a jail sentence, imposing additional fines, extending the length of probation, or other penalties.
• Firearms restriction: Federal firearms law prohibits any convicted felon from possessing a gun. This means that if you’re convicted of a felony criminal discharge crime, you will be required to get rid of any guns you already own, and you won’t be allowed to buy new ones legally.

What Defenses Exist to Accidental Discharge Offenses?


Defenses to accidental discharge crimes include:
• The discharge was the result of a manufacturing defect. A manufacturing defect is the result of a flaw in the manufacturing process of a particular item; the defect is not in accordance with the manufacturer’s design. To prevail on this defense, a defendant must prove that the manufacturing defect caused the accidental discharge; and The discharge was the result of a design defect. A design defect is a flaw in the very design of the product itself. To prevail on this defense, a defendant must show that the design defect caused the discharge.
Preventing Firearm Accidents
There are many measures you can take to reduce the likelihood of a firearm accident, including:
• Store your gun in a safe so that no one in your home has access to the gun beside you.
• Install trigger locks, cable locks, and chamber locks to prevent unwanted discharge.
• Store your ammunition and firearm in different locations.
• Keep your gun unassembled, as it takes knowledge to assemble a firearm.

Utah Gun Accident Lawyer

If you or someone you know was injured in a gun shooting, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Personal Injury South Jordan Utah

Personal Injury South Jordan Utah

Once you have been injured in South Jordan by someone else, you have likely already begun the personal injury lawsuit process. Knowing you may have a legal claim should push you forward to:

Notify the Insurance Company

If you were hurt in an accident caused by another individual’s carelessness or recklessness, your first option is to turn to the responsible person’s insurance company. It rests on your shoulders to notify the insurer of the accident, your injuries, and a forthcoming claim. Many personal injury claims are settled by the individual’s insurance carrier. However, it can take years to reach a fair agreement. It is also possible that the insurer will fight your claim, attempting to deny responsibility or make lowball offers.

Hire An Attorney

Once you have been injured and notified the relevant insurance company about the accident, then your next step should be to find an attorney. Insurers do not always play fair. Their main goal is to save themselves money, which means they will hunt for reasons to deny your claim or limit your compensation. A lawyer can protect you from an insurer’s bad faith or aggressive practices and seek to protect your rights and obtain the maximum compensation for your injuries.

Gather Evidence to Support Your Claim

While the insurance company will conduct its own investigation into the accident, your attorney can investigate independently on your behalf. Your attorney may find evidence the insurance company overlooks or may view evidence in a different light than the insurer. This can help you build a stronger case or better address weaknesses.

Attempt To Negotiate A Personal Injury Claim Settlement

Once the insurer and your attorney have had time to investigate the accident, you may receive a settlement offer. The first offer from an insurance company is often low and there is usually considerable room to negotiate for a higher amount.

Consider Mediation

If you and the insurance company do not see eye-to-eye right away on a settlement amount, you or the insurer may request mediation. This is a type of alternative dispute resolution and is not a trial. You and your attorney and the insurer’s representatives will meet with a neutral third party in one or multiple sessions. The mediator does not make any decisions and is only there to guide the discussion. During these sessions, each side presents their arguments until a settlement agreement is reached or not.

Filing A Personal Injury Lawsuit

The appropriate time to file a personal injury lawsuit depends on your exact circumstances. In some situations, your attorney will advise filing the suit if settlement negotiations fail. However, your lawyer may recommend filing the lawsuit earlier, such as during the claim investigation, because the legal discovery process can enable you to gather more information. Filing suit can enable you to learn more about what caused the accident, which may bolster your claim for compensation.

Utilize the Discovery Process

After you file a personal injury lawsuit, you and the defendant, which will be the responsible individual represented by the insurance company, have the opportunity to utilize the discovery process to gather evidence. During discovery, each side can ask the other to answer questions, provide records, and give depositions. This may provide you information that supports your claim, prove the other individual’s fault, and enable you to ask for a greater amount of compensation.

Continue Settlement Negotiations

Filing a personal injury claim lawsuit does not mean your case will go to trial. Settlement negotiations can continue until the time of the jury’s verdict and ultimately, most personal injury claims settle short of trial.

Go To Trial

If you and the insurer do not come to an agreement, then you and your attorney may decide to proceed with trial. By trial arrives, you will be thoroughly prepared. You and your attorney will have thoroughly investigated your situation, hired expert witnesses to testify on your behalf, and prepared the case. While the trial may be a new experience, none of the information presented should come as a surprise. Once your attorney and the defendant have presented all of their evidence and closed their cases, then the judge or jury will deliberate and decide your case.

What Qualifies as a Personal Injury Lawsuit?

If you have suffered an accident or injury caused by someone else, you may be considering filing a personal injury lawsuit. It is important to know the process of filing a claim and what goes on in the process of personal injury cases.

Why File a Personal Injury Lawsuit?

Personal injury can greatly reduce the quality of life for the sufferer. As the plaintiff, the burden of proof is on the injured to prove that the injuries were caused by the negligence or carelessness of another party. The key term is negligence. Negligence can be described as intentional or unintentional action or inaction that leads to the injury of another party. As the person who is injured, you are seeking the right amount of compensation for your suffering. These damages may be used to cover medical bills, lost wages, damaged property and other aspects of your life affected by this injury.

Types of Cases

Victims may choose to file a personal injury lawsuit against the other party to seek compensation. A lawsuit requires the injured party, known as the plaintiff, to file a civil complaint against the other party in a court of law. The basis of the complaint is that the negligence of the other party caused the plaintiff’s injuries. The other party, known as the defendant, must prove their total or partial lack of responsibility in court. A “party” is not limited to one person and can refer to a business, corporation, organization, etc. Both parties can also choose to handle the dispute out of court. They can meet for negotiations moderated by an arbitrator or mediator. During negotiations, both parties come to an agreement with terms outlined in a written document. Both parties agree to forego a formal trial and the defendant is required to pay damages to the plaintiff.

Statute of Limitations

Victims only have a certain amount of time to file a personal injury claim. The statute of limitations depends on the state you reside in but it normally lasts from one to five years.

Types of Personal Injuries

The actual injuries suffered by the plaintiff in a personal injury lawsuit vary. Plaintiffs may sue if they are injured by defective equipment or products, slip and fall, get hurt in a car accident, ingest harmful food or substances, experience assault, medical malpractice, or even suffer from birth defects.

Personal Injury Lawyers Know Insurance Company Tactics

Insurance companies know how to intimidate injury victims – it’s what they do for a living. They’ll tell you things like:
• You were actually to blame for the accident
• You can’t prove in court the full long-term physical and emotional impact of your injury
• Your doctor’s assessment isn’t good enough and you need to submit to an examination by one of our approved health care professionals
Additionally, they will use every tool at their disposal to tie up your claim settlement in an attempt to make you desperate enough for money to pay medical bills and your living expenses that you are willing to settle for an amount less than what you deserve. Reputation makes a big difference when dealing with insurance companies and their claims adjusters. Personal injury victims and workers’ compensation filers who have a reputable law firm on their side have a much better chance of receiving the money they deserve in part because the insurance company will know that picking a fight with an experienced, proven personal injury lawyer will eventually cost more in legal fees than the claim is worth to them. Of course, the threat of legal fees is only present if the injured party has hired a lawyer to fight for them. If the injury victim doesn’t have an attorney, the insurance company doesn’t have to factor legal fees into their cost-benefit analysis.

Personal Injury Attorneys Know How to Accurately Calculate Pain and Suffering

A general rule of thumb for calculating pain and suffering is adding together actual damages namely things like medical bills, rehabilitation costs, property damage and lost wages then multiplying that number by 1 through 5, depending on the severity of the injury. If your injury cost $8,000 to treat, you lost out on $2,000 of income while you were unable to work and your auto accident injury was a 3 on the severity scale, your attorney may seek $30,000 in pain and suffering damages.

Personal Injury Attorneys Know How to Identify and Hold the Negligent Parties Responsible

In some auto accident and personal injury cases, culpability isn’t as simple as blaming the other driver. If another driver runs a red light and hits your vehicle, injuring you and your family, there could be multiple parties responsible. If that driver had been slamming on their brake but the car wasn’t stopping, the manufacturer of their brake pads or the mechanic who installed them incorrectly may be negligent parties. If the traffic light was faulty, the government may hold some responsibility. If the driver was drunk, the bar that served them may be a negligent party in the accident. A personal injury attorney hires a team of investigators, medical experts and even accident recreation specialists to gather data and uncover all available details to ensure everyone who is responsible for your injury is being held accountable.

Trial Attorneys Are Well-Versed in Local Laws Governing Personal Injury Cases and Can Fight for You in Court

The legal system isn’t comprised of a set of universal rules. Every state has a different set of laws governing personal injury cases and damage calculations. You can try to study up on your legal situation yourself, but that is a time-consuming process and there’s no guarantee you’ll be able to represent yourself well enough to get the fair claim settlement you deserve.

An experienced personal injury trial attorney in Florida has spent their professional life learning the:
• Ins and outs of Florida personal injury law
• Relevant statutes
• Legal precedents pertaining to auto accident, slip and fall, workers’ comp and other types of personal injury case
• Local judges and insurance companies
If an insurance company simply isn’t willing to give you the settlement you know you need and deserve, it can be incredibly difficult for you to take them to court and win without an attorney on your side. A personal injury law firm with teams of trial attorneys makes their living taking insurance companies to court and negotiating the fair settlement their clients need to recover and move on.

Contingency Fees – If They Don’t Win, You Don’t Pay

The majority of personal injury attorneys in Utah will work on a contingency fee basis, meaning they are paid a percentage of the ultimate settlement they win for your case. Injury victims don’t have to pay for personal injury representation out of their own pocket, which is helpful at a time when they are being inundated with medical bills and may be without an income due to their inability to work. If the personal injury attorney fails to win your case, you may end up owing them nothing for the work they did on your case.

Tips for Maximizing Compensation in Your Personal Injury Case

• Preserve Evidence: The jury is going to decide your case by looking at the evidence. Even the other party is going to decide whether to offer you a fair settlement based on the strength of your case. That means the more you can do to preserve evidence, the greater the chance of winning your case is going to be. You should take photos of the accident scene and your immediate injuries if you’re able to. It’s important to try to collect names and contact information for witnesses. If there’s a police report, you will want to get a copy as soon as possible. Your attorney can follow up on this information to collect detailed witness statements and prepare the case.
• Get Medical Treatment: Winning your personal injury case means getting a fair payment for your injuries and other losses. To do this, you need an accurate picture of your damages. You will need doctors and other health care professionals to document your injuries and formulate a treatment plan. This documentation can encourage the other side to come to the table and offer a higher settlement. You should get medical treatment, even if you’re unsure about the extent of your injuries. If your doctor recommends a treatment plan, you should carefully follow it. This should include seeking any necessary physical therapy and treatment for things like flashbacks and post-traumatic stress.
• Value Your Claim Fully: Don’t assume that you’re limited to any one type of damages. There are several different types of damages you may suffer because of your injury. You may not even be aware of all of the kinds of injuries and losses that you have. You can claim compensation for loss of regular use of body functions and even emotional damages. These are in addition to recovering your out-of-pocket losses. An experienced Utah personal injury lawyer can consult with you to evaluate these categories of damages individually.
• Don’t Be Too Eager: When you’re hurt, it’s easy to want a check in your hands as soon as possible. Sometimes, accepting the first offer you receive can prevent you from maximizing your compensation. To get the best recovery in your case, you have to let the other side believe that you’re willing to go the distance. This can mean rejecting the first, second or even third offer. It’s important to work with an attorney for an expert opinion about whether to accept or decline a settlement offer.
• Explain Why the Offer Is Inadequate: Part of getting maximum compensation means convincing the other side you have a strong case. When you get an insufficient settlement offer, you can respond by explaining to the other side why it’s unacceptable, with documentation that reinforces your assertions. This settlement rejection can show them that you’re committed to getting the compensation you deserve and that you have a strong case under Utah law. An attorney can help you handle all of the considerations related to rejecting a settlement offer, and providing documentation on why it’s considered inadequate.
• Don’t Forget Future Damages: A personal injury can bring losses both immediately and long into the future. You might not fully recover from your injuries before your case goes to trial. It’s crucial to make considerations about future recovery when negotiating a settlement amount. You can include future damages as a part of your claim. In some cases, future damages might even comprise the majority of your losses. You need to work with medical professionals to document these losses and include them in your claim.
• Build Your Case: Doing the work to build your case methodically can maximize your damages even if your case never goes to trial. This case preparation includes serving discovery demands to the other side and having your attorney conduct depositions or request records. You may need to be seen by various medical professionals, and your attorney might work with other expert witnesses to build the strength of your case. Having a strong case prepared for trial can pressure the responsible party to offer you a fair settlement. If the other side senses that you’re not doing the work to build your case, they’ll be more likely to low ball your settlement offer. If they know you’re ready to go to trial and win, they’ll be more inclined to pay you an adequate amount.
• Don’t Wait to File Your Case: After an injury occurs, you have time limits to bring your case. It’s important to bring your case as soon as possible because you don’t want to risk time running out. After the statute of limitations expires, you may not be able to recover at all. Also, filing your case lets you begin to gather evidence formally. This can be a critical aspect of being able to preserve the evidence necessary to build your case. It also lets the other side know that you’re serious about getting a fair recovery and moving the case through the courts as quickly as possible.
• Stay off Socials: Most people are familiar with the phrase that states that everything you say can and will be held against you in a court of law. Unfortunately, not all people realize that this phrase also applies to what you say on social media. If you’re claiming devastating injuries, but your Facebook page tells a different story, it can ruin your case. The other side is watching, and your best bet is to keep quiet and let your attorney do the talking. It’s also a good rule of thumb not to talk about any aspect of your injury case with anyone, or anywhere until a settlement is reached.
• Make a Good Impression: The other side is going to make a settlement offer based on what they think a jury might do at trial. Juries make their decisions based on what they see and hear at trial. It’s important to put your best foot forward. This means being polite and respectful at all times and looking your best when you’re due in court. All of these little things can help you convince the other side that a jury is going to be sympathetic to what happened in your case. This small effort can nudge the other side to offer you a fair settlement.

Personal Injury South Jordan Lawyer

When you need to recover for your personal injuries in South Jordan Utah please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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South Jordan, Utah

 

From Wikipedia, the free encyclopedia
 
 
South Jordan, Utah
A prominent building inside a strip mall area

South Jordan City Hall, March 2006
Two maps. The first map is a map of Utah with a colored in section in the middle representing where Salt Lake County is located. Second map is a map of Salt Lake County has a colored in section in the southwest showing where South Jordan is located.

Location in Salt Lake County and the state of Utah.
Coordinates: 40°33′42″N 111°57′39″WCoordinates40°33′42″N 111°57′39″W
Country  United States
State  Utah
County Salt Lake
Established 1859
Incorporated November 8, 1935[1]
Named for Jordan River
Government

 
 • Type council–manager
 • Mayor Dawn Ramsey
 • Manager Gary L. Whatcott
Area

 • Total 22.31 sq mi (57.77 km2)
 • Land 22.22 sq mi (57.54 km2)
 • Water 0.09 sq mi (0.23 km2)
Elevation

 
4,439 ft (1,353 m)
Population

 • Total 77,487
 • Density 3,452.07/sq mi (1,332.86/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
ZIP code
84009, 84095
Area code(s) 385, 801
FIPS code 70850
GNIS feature ID 1432728[4]
Website www.sjc.utah.gov

South Jordan is a city in south central Salt Lake CountyUtah, United States, 18 miles (29 km) south of Salt Lake City. Part of the Salt Lake City metropolitan area, the city lies in the Salt Lake Valley along the banks of the Jordan River between the 10,000-foot (3,000 m) Oquirrh Mountains and the 11,000-foot (3,400 m) Wasatch Mountains. The city has 3.5 miles (5.6 km) of the Jordan River Parkway that contains fishing ponds, trails, parks, and natural habitats. The Salt Lake County fair grounds and equestrian park, 67-acre (27 ha) Oquirrh Lake, and 37 public parks are located inside the city. As of 2020, there were 77,487 people in South Jordan.

Founded in 1859 by Mormon settlers and historically an agrarian town, South Jordan has become a rapidly growing bedroom community of Salt Lake City. Kennecott Land, a land development company, has recently begun construction on the master-planned Daybreak Community for the entire western half of South Jordan, potentially doubling South Jordan’s population. South Jordan was the first municipality in the world to have two temples of The Church of Jesus Christ of Latter-day Saints (Jordan River Utah Temple and Oquirrh Mountain Utah Temple), it now shares that distinction with Provo, Utah. The city has two TRAX light rail stops, as well as one commuter rail stop on the FrontRunner.

South Jordan, Utah

About South Jordan, Utah

Bus Stops in South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Station (Bay A) South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pkwy @ 1330 W South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pkwy @ 1523 W South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pkwy @ 1667 W South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pky (10400 S) @ 4518 W South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Gateway @ 10428 S South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pkwy @ 428 W South Jordan, Utah to Ascent Law LLC

Bus Stop in Redwood Rd @ 9412 S South Jordan, Utah to Ascent Law LLC

Bus Stop in Redwood Rd @ 10102 S South Jordan, Utah to Ascent Law LLC

Bus Stop in South Jordan Pkwy @ 1526 W South Jordan, Utah to Ascent Law LLC

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Map of South Jordan, Utah

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Reviews for Ascent Law LLC South Jordan, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

Injury Lawyer

Injury Lawyer

An injury lawyer is a type of civil litigator who provides legal representation to plaintiffs who are alleging physical or psychological injury as the result of the negligent or careless acts of another person, entity, or organization. Injury lawyer specialize in an area known as tort law. This covers private or civil wrongs or injuries, including defamation and actions for bad faith breach of contract. The main goal of tort law is to make the injured party whole again and to discourage others from committing the same offense. Injury lawyers help plaintiffs receive compensation for their losses, including loss of earning capacity due to an inability to work, pain and suffering, reasonable medical expenses, both present and expected, emotional distress, loss of consortium or companionship, and legal costs and attorney fees. They also work to safeguard clients from being victimized by insurance companies and the legal system.

What Does an Injury Lawyer Do?

Your wounds may not have even dried before you start getting calls, requests and bills from insurance companies, doctors, police and others. At such a time when you should be focusing on healing and recovery, you may be feeling completely overwhelmed and stressed wondering how you are going to pay for everything. This is when an injury lawyer can help. An injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain and suffering, and provide compensation for injuries suffered. Common examples of personal injury practice areas include motor vehicle accidents, slip and fall accidents, defective products, workplace injuries and medical malpractice.

Basics of an Injury law

An injury lawyer performs many important duties. These common functions include:
• Explains your rights: An injury lawyer can explain how an accident and different legal issues affect a person’s rights. Different states have different laws pertaining to the statutes of limitations or how comparative negligence affects a case. The statute of limitations imposes time limits for when a lawsuit must be filed. Comparative negligence rules determine whether a person can sue if he was partially to blame for the accident and how much he can recover.

• Provides advice: An injury Lawyer can walk a client through the system with the finesse of a professional tour guide. They help you understand complicated legal procedures, interpret medical and insurance jargon, and get through the maze of paperwork required in injury cases. One common piece of advice is not to provide a statement to the other driver’s insurance company since it will simply look for ways to deny liability. An injury lawyer may also recommend seeking medical treatment to document the relationship between the accident and the injury. An injury attorney also provides you objective opinions about your case so that you can make the best possible decision that aren’t clouded by fear, anger, frustration, stress and other emotions many injury victims understandably experience.
• Represents in court: Most injury cases do not result in a trial; the vast majority is settled even before a lawsuit is filed. However, if the insurance company denies the claim, it’s possible that the only way for the victim to recover is by going through a full civil trial. Litigation is complex and requires close adherence to proper procedures and rules of evidence. This is not a task best handled by a novice.
Some surprising ways you didn’t know a lawyer could help you. Lawyers do have skills, you know. There are some great ways they can help:
• Completes a professional investigation: An injury firms may have their own investigators document the scene of an accident, interview witnesses and develop theories about how the incident occurred. These might be professional investigators or even retired cops working a new job. Outside experts such as accident reconstruction experts may be necessary if the cause of the accident is in dispute. Your attorney will have a dedicated roster of professionals he or she normally uses and will know who can assist.
• Connects with medical providers: An injury lawyer may have a business relationship with a medical professional who may agree to provide medical services in favour of a lien on any future settlement or judgment. They may also have greater experience in understanding serious injuries and may recommend a particular specialist who has provided superb results in previous cases.
• Better assesses damages: Many accident victims only think about the immediate impact of an accident. After all, they could be receiving harassing phone calls from bill collectors, making up funds after being off work for a few weeks and may need to repair their vehicle to get back on the road. However, an injury lawyer deals with these cases on a routine basis and can help identify a more accurate estimate of the real and long-term effect of injuries, such as a loss in earning capacity if the accident left the victim disabled. An injury lawyer may also ask an economist or actuary for help in assessing the lifetime impact of an accident.

• Works through a variety of legal processes: An injury lawyer can help in a number of different judicial forums. For example, he or she may help with informal negotiation with the insurance company before or after a case is filed in court. Alternatively, they may help litigate a case if the settlement offer is not satisfactory to the client or the claim is denied. However, personal injury lawyers can also help in other types of forums such as alternative dispute resolution. Arbitration may be required if the victim’s own insurance company is involved. This involves presenting a case in front of a neutral arbitrator who makes a binding decision. Mediation consists of the victim and the person responsible for the injury working together to reach a solution out of court with the help of a third-party neutral. Surprisingly, not every case requires the use of a lawyer. If the damages are minimal, there is no serious injury and the settlement offer appears reasonable, providing a significant portion of the settlement to an attorney may not make sense. However, sometimes cases that seem simple at first may become more complicated, which may be best handled by hiring an experienced personal injury lawyer. For example, someone’s insurance may not have been in effect at the time of the accident or an injury might not reveal itself as chronic until months after the accident. Some key times to hire an injury lawyer include when:
• The claim is denied: If you know that the other party was responsible for the accident but the insurance company does not want to take responsibility, it is important to talk to a lawyer to get an objective and experienced opinion.
• Multiple parties may be involved: In some cases, accidents might involve multiple vehicles or parties. This often complicates things. This can occur if there was a multi-car pileup or a situation involving contractors, subcontractors and employees. An injury lawyer can help identify all parties that may share liability in the case and who may be named as defendants.
• A settlement is offered: It is often worth the time and money to consult with a personal injury lawyer before accepting a settlement. Insurance companies may try to get rid of cases as quickly as possible to minimize the payout since they represent their client’s financial interests. Very often, the first offer is a low-ball offer that they hope the victim will accept. A personal injury lawyer can determine whether an offer seems fair. Sometimes, the skills of an experienced injury lawyer or at least the threat to an insurance company that such a lawyer may present are worth the money you must pay that lawyer to represent you. You may need a lawyer because of complex legal rules involved in your particular claim, or because the severity of your injuries might cause your compensation to vary greatly from the norm or simply because an insurance company refuses to settle a matter in good faith.
• Long-Term or Permanently Disabling Injuries: Some accidents result in injuries that significantly affect your physical capabilities or appearance for a long time over a year or even permanently. Figuring out how much such a serious injury is worth can be a difficult business. You’ll probably require some assistance from an experienced lawyer to get the most out of your claim.
• Severe Injuries: The amount of your accident compensation is mostly determined by how severe your injuries were. And the severity of your injuries is measured by the amount of your medical bills, the type of injuries you have, and the length of time it takes for you to recover. As the amount of your potential compensation increases, the range within which that compensation may fall becomes wider. In such cases, it may be worth the expense to have a lawyer handle your claim and make sure you receive compensation at the highest end of the range.
• Medical Malpractice: If you have suffered an injury or illness due to careless, unprofessional, or incompetent treatment at the hands of a doctor, nurse, hospital, clinic, laboratory, or other medical provider, both the medical questions and the legal rules involved are complex. They almost certainly require that you hire a lawyer experienced in medical malpractice cases.
• Toxic Exposure: In the increasingly chemical world, we sometimes become ill because of exposure to contaminants in the air, soil, or water, in products, or in food. Claims based on such exposure are difficult to prove, however, and often require complex scientific data. And because the chemical and other industries have erected a huge wall to protect themselves from legal exposure while they continue to expose us to potentially harmful chemicals, the required evidence is very hard to come by. Get expert help.
• When Insurance Company Refuses to Pay: In some instances, regardless of the nature of your injury or the amount of your medical bills and lost income, you will want to hire a lawyer because an insurance company or government agency simply refuses to make any fair settlement offer at all. In these cases, something what the lawyer can get minus the fee charged to get it is better than nothing.

Personal and Professional Skills

The most successful injury attorneys excel at oral advocacy, negotiation, and client development. They should also have a capacity for handling stress and pressure, particularly those who decide to practice on their own rather than sign on as an associate with an existing firm. Attorneys in this specialty usually represent clients on a contingency basis, meaning their fees represent a percentage of the plaintiff’s eventual compensation when the case is resolved, which is typically from 30 to 40 percent. This arrangement means that the plaintiff doesn’t pay a fee unless and until the lawyer recovers money on their behalf. These lawyers are typically only compensated if they win. Some injury cases can drag out for years before they’re resolved. This makes efficient time management skills very important as well. An injury attorneys have to balance these long, involved cases with shorter, less demanding ones if they’re going to pay the bills, at least if they elect to go into practice for themselves. It’s often recommended that new injury lawyers get their feet wet with an established law firm before heading out on their own even an insurance defence firm. This will help them understand the ins-and-outs of how their adversaries approach cases.

Factors to Consider Before Hiring a an Injury Lawyer in Utah

• Lawyers Near Me Who Practice Injury Law: When searching for an injury Lawyer in Utah, it is important to search for a law firm that handles injury cases similar to your case. For instance, if a car accident caused your injuries, you may want to search for “car accident attorney near me” when you begin your internet search for a lawyer to handle your automobile insurance claim. The same is true if your injury relates to medical malpractice, wrongful death, dog bites, semi-truck accidents, and motorcycle accident in Utah, workers ’ compensation, premises liability, catastrophic injuries, or pedestrian accidents.
• Experienced Injury Lawyers: Experience matters. Professionals, including injury lawyers, are always learning about their practice. You do not want your case to be a “learning lesson” in which the attorney realizes that he should have hired an expert witness early in the case instead of waiting until after a personal injury lawsuit is filed to consult an expert witness. You also do not want a lawyer representing you who is still learning the local rules and procedures of the various courts in your area who might miss a deadline or fail to file the correct motions in your case to keep your case moving efficiently through the court system. Every attorney gains experience through each case the attorney handles. However, when the negligence of another party causes you harm or injury, you need accident lawyers who specialize in motor vehicle accidents, and already understand personal injury law, the court systems, tactics used by insurance companies, settlement demands, expert witnesses, accident investigations, rules of evidence, and statutes of limitations to handle your injury claim. You need an accident attorney who has several years of experience under his belt after law school to fight for your best interests.
• How Much Will A Personal Injury Attorney Cost Me: Most injury lawyers in Utah offer a free consultation for accident victims. During the free appointment, victims can ask questions about the injury process while the attorney reviews the facts in the case to determine if the attorney believes the person has a valid legal claim for compensation. One important question you want to discuss during your free consultation is how much the attorney charges for services and how much money you will need to pay up front to retain the law firm. In most cases, Utah injury law firms accept cases involving injuries and accidents on a contingency fee basis. A contingency fee means that you will not pay any money up front to retain the law firm. You agree to pay a percentage of the amount recovered for your claim to the law firm for attorney fees. In many cases, you are only charged attorney fees if the lawyer obtains a settlement on your behalf. In other words, you do not pay any attorney fees if the law firm does not recover money for your injury claim. However, you should also discuss the payment of costs and expenses of the case. Depending on your case and whether an injury lawsuit is filed, you could incur some minor fees and expenses related to your claim. The way expenses and costs are handled vary by law firm, so make sure you ask about this matter before you retain an attorney for your case.
• Proven Track Record of Obtaining Fair Compensation: Another factor to consider when retaining an injury attorney in Utah is the attorney’s track record. Does the attorney win cases? Has the attorney won large settlements in jury trials? What is the law firm’s rate of success versus losses? As with any professional, you want to retain a lawyer who has a proven record of winning injury cases. When you question a law firm about their success rate, be sure to consider the total number of cases they handle each year. If an injury lawyer tells you that he has a 100 percent success rate, you are likely to be impressed until you hear that the attorney only handles two cases a year.
• Skilled Trial Litigators and Negotiators: You want to choose a Utah injury attorney who is a talented negotiator and a skilled, experienced trial litigator. Most personal injury claims settle without filing a personal injury lawsuit or going to trial. Therefore, polished negotiating skills are crucial for a personal injury lawyer. You want your attorney to be able to negotiate effectively with insurance companies to obtain a fair and just settlement for your claim as quickly as possible. A talented negotiator understands how to use the facts of the injury case to maximize the amount of compensation you receive for your accident claim.
• Excellent Availability and Communications: Make sure that you ask the law firm how quickly they return telephone calls, emails, and other forms of communication. Talented attorneys are busy. You may not always be able to reach an injury attorney or a paralegal when you call a law firm. However, it is important to know that you will receive a return call within a certain number of hours. It is also important to understand the procedure used in the law firm to handle calls related to urgent matters that cannot wait for a return call.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Accident Lawyer Available Today

Accident Lawyer Available Today

While there is no specific guideline or deadline as to when you have to hire an accident injury attorney, especially after a car accident injury, it is very important to engage the services of an accident injury lawyer shortly after the accident. You do not want to go without counsel during any part of the process and you can usually hire a lawyer on a contingency basis. Chances are strong that there are going to be have to be conversations with your lawyer regarding your medical bills and your property damage. Your accident injury lawyer and accident injury law firm will make sure that the medical bills are paid and that the property damage claim to your vehicle is paid in a timely fashion so you can get your car back on the road. The time to start that process is right after you leave the emergency room or are released by the accident investigation team that arrives to set up the driver information exchange for your accident. If you have a medical malpractice claim, time is of the essence. There are state statutes that require you to put the doctor on notice within a specific period of time. If you believe that you are a victim of medical malpractice, you should engage counsel as soon as you can.

Medical malpractice claims take time and also require a lot of work on the lawyer’s behalf. The more time that you give them to work your case, the better off you will be. In some cases, accident injury law firm may also have medical personnel on staff that can evaluate your claim and tell you what type of personal injury claim you have and also interpret the medical records that they receive from your physicians and serve as a buffer between you and the physicians. They will also be able to make sure that you are receiving the best personal care for your injuries and best serve your personal injury case by being thorough and professional. Accident injury lawyers often have investigative staff at their disposal that can help with your personal injury claim. They can help recreate the accident and use the information at trial, or in negotiations with the carrier to get you the best possible settlement or verdict. Private investigators are just as important as the personal injury attorneys as they arm the personal injury lawyer with the information necessary to pursue your claim.

Accident Statute of Limitations

A “statute of limitations” is a state law that sets a strict time limit on your right to bring a lawsuit to court. The statute of limitations does not apply to a car insurance claim. Any insurance company, whether your own or the other driver’s, is going to require you to make a claim or at least give the insurer notice of an incident that could trigger a claim “promptly” or “within a reasonable time” after the accident. That usually means a few days at most. In Utah, there are a few different lawsuit filing deadlines that could come into play after a vehicle accident. First, for car accident injuries, Utah gives you four years to ask Utah’s civil court system for a remedy. So, in the context of a car accident, any injury claim filed by a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian will be subject to this deadline, and the “clock” starts running on the date of the accident.

If anyone was killed as a result of the car accident, Utah sets a two-year statute of limitations deadline for any wrongful death claim that might be brought by the deceased person’s family or representatives. And it’s important to keep in mind that for these kinds of claims, the two-year “clock” starts running on the date of the accident victim’s death (as opposed to the date of the accident itself). Finally, if anyone had their vehicle or other property damaged as a result of a car accident, Utah Code section 78B-2-305 says that any lawsuit over that damage must be filed within three years of the date of the vehicle accident. Whichever of these deadlines applies, if you try to file your car accident lawsuit after the applicable time limit has passed, you can count on the defendant (the person you’re trying to sue) pointing out that discrepancy to the court as part of a motion to dismiss. The court will almost certainly grant the motion (unless some rare exception applies to extend the filing deadline), and that will be the end of your case. That’s why it’s crucial to understand how the statute of applies to your situation. Even if you’re confident that your case will be resolved through the car insurance claim process, you’ll want to leave yourself plenty of time to file a lawsuit in case you need to if for no other reason than that you’ll have more leverage during settlement talks. If you think you might be running up against the filing deadline, you may want to contact an experienced Utah car accident attorney.

Steps To Reach Settlement In A Personal Injury Case

A settlement is an agreement between an injured person and an insurance company or person responsible for causing the injury by which the responsible person/insurance company agrees to pay a sum of money and the injured person agrees to accept the offer. A settlement is reached through the process of negotiation. In general, an injured person will make a demand for a sum of money, and in response, the responsible party/insurance company will make an offer to pay a lesser amount of money. Through the process of negotiation with an experienced accident lawyer, the injured party gradually reduces their demand and the responsible party/insurance company gradually increases their offer. A settlement is reached if the responsible party/insurance company agrees to pay a sum of money, which the injured party is willing to accept. When a settlement is accepted the responsible party/insurance company issues a settlement check in exchange for a Release. A Release is basically a contract by which the responsible party/insurance company agrees to pay a certain sum of money to the injured party and the injured party agrees to make no further claim against the responsible party/insurance company. When a settlement is rejected a lawsuit is commenced, or if a lawsuit is already pending when the offer is made, the decision is made to continue the case to a jury trial. At a trial, the jury will determine what amount the responsible party/insurance company must pay to compensate the injured person and the injured person must accept the amount as determined by the jury. An attorney helps with this process by first evaluating the manner in which an individual was injured, in other words, considering who was at fault in causing the injury. An attorney will also work with treating physicians to obtain medical reports accurately documenting the injured party’s condition. An attorney will then also determine what effects an injury will have on an individual, including medical expenses that may be incurred in the future. An evaluation will also be made as to the effect injuries have on an individual’s ability to return to their prior employment or earn other income. An attorney will analyze settlement offers in comparison to what a jury would likely award at trial. This analysis is based on the attorney’s experience with prior settlements and verdicts of similar personal injury cases.

Resolution Before Trial

The majority of legal claims arising from accidents or injuries do not reach a civil court trial. Typically, they are resolved earlier in the litigation process through a negotiated settlement among the parties. Sometimes an informal settlement can take place before any lawsuit is even filed. Through settlement, the plaintiff (the person filing the lawsuit) agrees to give up the right to pursue any further legal action in connection with the accident or injury, in exchange for payment of an agreed-upon sum of money from the defendant or an insurance company. In rare cases, instead of paying money, the defendant will agree to perform or stop performing a certain action. If you are thinking about settling a legal claim after an accident or injury, or if you have received a settlement offer from the opposing side, you may want to talk to an attorney. It’s important to get his or her thorough assessment of the case and opinion about the likelihood of settlement. When meeting with your attorney you should consider and discuss the following points:

Strength of the Case

• Jury verdicts and settlement outcomes in similar cases;
• Your chances of winning at trial;
• Practical difficulties in trying the case;
• Strengths and weaknesses in your evidence; and
• Strength and weaknesses in your opponent’s evidence.
Money and Damages
• What your attorney thinks the case may be worth in a range of dollar amounts and what he or she thinks you could receive in damages at trial;
• The minimum amount you will accept to end the case and avoid trial;
• The policy limits of the defendant’s insurance coverage; and
• The defendant’s own monetary resources.

Criminal Penalties for Leaving the Scene of an Accident

The criminal penalties for a hit and run vary from state to state. Many states classify the criminal penalties for a hit and run as either felonies or misdemeanors, depending on the circumstances. Felony hit and run is defined by most states as leaving the scene of an accident where there is any type of injury to a person, whether the injured person is a pedestrian or an occupant of a vehicle. The penalties for felony hit and run can be quite severe. Most states impose fines of between $5,000 and $20,000. And there is very real potential for incarceration as punishment for a felony hit and run. Depending on the nature of the accident and the injuries that resulted, in some states a felony hit and run is punishable by up to 15 years in prison. Remember, a hit and run might be classified as a misdemeanor instead of a felony. While the term “misdemeanor” sounds relatively minor to some people, in most states misdemeanors are punishable by a significant fine of up to $5,000 and also by up to one year in jail. In addition to the criminal penalties for hit and run, almost every state imposes administrative penalties related to your driver’s license. These penalties are often imposed through the individual state’s Department of Motor Vehicles. Any conviction for hit and run regardless of whether it’s for a felony or misdemeanor, typically results in an automatic suspension or revocation of your driver’s license for a period of six months or so. In some states the revocation can be as long as three years. Depending on the state, in which you live, and the nature and circumstances of the car accident in which you were involved, the penalty for hit and run may include a lifetime revocation of your driver’s license. These administrative penalties are in addition to any criminal punishment that might be imposed for hit and run.

Utah Accident Law

There’s no denying that building a personal injury claim is a difficult and complex process. One mistake or slip-up can endanger your entire injury case, possibly even leaving you with empty-handed. Insurance providers purposely write their policies to be as complicated and puzzling to read as possible. They do this so they can deny your claim for any reason they can find. The best way to guarantee you get the best settlement for your personal injury claim is to hire a car accident lawyer who fully knows the ins and outs of Utah law and won’t fall for the usual tricks and tactics used by the insurance companies.
Here are just a few legal issues you might expect to encounter once you begin your accident injury claim:
• Disputed Liability: One of the strategies insurance companies attempt is to refuse liability for your accident. They will argue that the accident was your fault and not the fault of their insured client. This is called disputed liability and without the right kind of evidence, it is virtually impossible to prove liability.
• Property Damage Claims: One of the biggest potential setbacks auto injury victims face following an accident is their vehicle being damaged or, worse, totaled beyond repair. No one wants to rely on their family or friends to get around town and public transportation can be a nightmare.
How to Handle Your Own Accident Claim
Handling your own injury claim without a lawyer is something worth at least exploring. But if you choose this path, you need to do research and get some advice on the best way to get the highest possible settlement for the pain and suffering you have endured from the accident. You deserve that. Severe injury and death car crash cases are completely another matter. Hiring a good car accident lawyer with a track record of success will almost invariably put more money in your pocket than you would handle the case yourself. This cannot be emphasized enough. When you need to call a lawyer depends on the size of the case. In a wrongful death or catastrophic injury case, we are going to be gathering evidence from day one. You do not leave any stones unturned in these cases. Because the stakes and the amount of money involved is too high. But in small cases where lawyers are not going to be gathering evidence and getting experts immediately, there is more likely to be more time for reflection. Measure twice and cut once. Still, if you are going to get a lawyer, it is always better to get one sooner rather than later because even a small case might need immediate action. (Most common immediate need: get witness statements.) If you are going to take the risk and delay, do not talk to anyone about how the incident happened or the extent and scope of the injuries.

Documents to Show your Attorney after a Motor Vehicle Accident
If you’ve been involved in a car accident, you may be thinking about hiring an attorney, or you may have already retained an attorney to represent you. In either case, there are certain documents your attorney will want to see to develop a full understanding of your case and your chance for a recovery. The following is a list of documents that your attorney may want to have during the course of your case:
• Your Insurance Policy: If you have an automobile insurance policy, your attorney will want to see a copy of it in order to review what type of an insurance recovery you may be entitled to. If you don’t have an actual copy of your policy, do not panic. Your attorney will be able to obtain one, with your approval, from your insurance company.
• Evidence of Premium Payments: Your attorney will need proof that your automobile insurance policy premiums, if you have a policy, have been paid. You should periodically receive statements or bills from your insurance company notifying you that premiums are due. Being able to provide your attorney with that correspondence, as well as evidence of your payment (through cancelled checks or a receipt, for example), will help prove that the policy is in force and “paid up.”
• Information Exchanged at the Accident Scene: Often, names and telephone numbers are exchanged between the parties to an accident while they are still at the scene. If you have this information, even if you’ve already contacted the other parties, make sure to provide it to your attorney.
• Information Provided by the Police at the Accident Scene: In many cases, the police are called to a scene of an accident. In those situations, they are required to draft an accident report, which often includes a diagram of where the various cars or pedestrians were at the time of the accident. The report will also include the on-scene officer’s initial impressions of the cause of the accident. This information is crucial in allowing your attorney to develop a total understanding of your case. Provide your attorney will a copy of the accident report or anything else drafted by the police. If you don’t have a copy of any police report, your attorney will be able to obtain one on your behalf.
• Tickets Related to the Accident: If you’ve been given a ticket related to the accident, make sure to let your attorney know. For example, if you were charged with “failure to yield,” your attorney will want to see a copy of your ticket.
• Photographs: If your car was damaged in an accident, it is a good idea to take pictures of the damage. If you did not take pictures, a representative of the insurance company may have. If you have pictures in your possession, provide them to your attorney. If you do not have pictures, but believe that the insurance company may have some; provide that information to your attorney as well.
• Statements: There is a chance, when you are involved in a car accident, that you may be contacted by a representative of your automobile insurance company. Often, the insurance company will want to obtain a statement from you about the accident. If you were contacted, you have a right to have a copy of any statement you gave. If you have a copy, give it to your attorney. If you don’t have a copy, let your attorney know that you gave a statement so he or she can obtain a copy of it for you.
• Medical Records: If you’re involved in a car accident, you may have sustained physical injuries for which you sought medical care and attention. If so, your attorney will need copies of your medical records so that he or she can see what your diagnosis is and obtain a feeling for how long it will take you to recover from your injuries. Provide your attorney with copies of any medical records that you have. If you don’t have copies of your records, provide your attorney with the name and address of any medical provider you have seen. Your attorney will be able to obtain the records, with your written permission, on your behalf.

Accident Lawyer In Utah

When you need legal help with a car accident in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Accident Attorney In 84604

Accident Attorney In 84604

If you’ve been involved in a Car Accident, then you need to arm yourself with the best Auto Accident Attorney in 84604. Failure to act immediately can result in significant financial exposure to claims against you, regardless of whether you were at fault. Remember, failure to act on getting an auto accident attorney in 84604 could have severe financial consequences, regardless of if you were at fault.

Accident Lawyer in 84604
Always primed to assist 24/7, your friendly auto accident attorney in 84604 is known for aggressively representing clients and securing significant financial restitution.
• Free Compensation Consultation to find out how much your case is worth.
• Get your vehicle out of the tow-yard.
• Get reimbursement for your out-of-pocket expenses.
• Get your car repaired ASAP or top replacement valuation.
• Get you the best medical care and your medical expenses paid.
• Get your lost income and wages reimbursed.
• Fight to get you the Maximum Monetary Recovery.
It makes perfect sense to use an attorney with local knowledge in 84604 rather than a car accident lawyer or paralegal appointed by your insurers, who take on cases at a National level rather than locally in the greater Provo area.
Get an Auto Accident Attorney in 84604 in the following circumstances:
1. Serious Injuries. If a serious injury has occurred to anyone.
2. If the auto accident has resulted in tragic death.
3. If it is clear someone is at fault.
4. Construction Zone; if the auto accident happens in a Construction Zone.
5. Police Report. If the Cops have filed a report, you need to hire an auto accident attorney.
6. If Auto Accident Attorneys are already involved, then Lawyer up immediately.
7. Insurance Issues. If anyone involved does not have insurance, you’ll need an auto attorney.

An Auto Accident Attorney in 84604 will also cover the following areas:
• Auto Attorney in Provo
• Auto Accident Attorney in Utah
• Car Wreck Lawyer in Utah
• Vehicle Accident Attorney in Provo
• Auto Compensation Lawyer in Utah
• Best Auto Attorney in Provo
• Truck Accident Attorney in Utah
Auto Accident Attorney in 84604 for serious injury
Car crashes including hospitalization, broken bones or injuries that are likely to be permanent in nature should always be handled by an auto accident attorney in 84604. Even with no apparent serious injury you must be on guard because no matter how nice someone appears, if they develop an ache or pain over the next few weeks and they can pin it on you, they’ll run squealing to an auto accident attorney and you’ll be caught on the back foot. To stay ahead of the curve in an Auto Accident situation always consult an Auto Accident Attorney in 84604 for every vehicle accident collision, car wreck or truck accident situation.
Auto Accident with someone without Insurance
If you’re involved in an accident in 84604 with an uninsured driver, pick up the phone to an Auto Accident Attorney without delay. We cannot and should not feel any sympathy toward a driver who has such little disregard for their own actions as to drive without insurance. You need an auto accident attorney to bring retribution against the perpetrator and to secure the right and just financial compensation in Provo you deserve. It was their choice to drive without insurance. Now they must live with the consequences of their actions as you simply must engage a local auto accident attorney in Provo

Check my rights after a Vehicle Accident in 84604

If you’re unsure of your rights, confused about your insurance policy or find yourself stuck in negotiations with your insurer it’s time for an auto accident attorney to wade into the fray, on your side, representing you and only you in the issue. Sometimes it pays to instruct the best, then stand back and put them into battle for you. Often your insurer may not be acting in good faith and remember your insurer is a corporate entity and out to make a profit for shareholders.
How Much Compensation Will I Get For An Auto Accident In 84604
Compensation after an Auto Accident is always driven by the strength and experience of your auto attorney combined with the level of damage and personal injury. An insurance adjustor settles the value of your claim. Do not trust the auto insurance adjustor because it’s their job to get the best deal for their own client – the insurance corporations. Do not speak to any insurance adjustor without first consulting an auto accident attorney.
Immediate Steps to take after an Auto Accident in 84604
• Remain silent about who is to blame for the incident
• Switch on the audio recording on your phone or tablet to record the scene
• Do not admit fault
• Do not apologize
• Never sign anything at the scene
• Co Operate with Law enforcement but never answer their questions
• Always give a no comment interview to law enforcement if you think you might be at fault
• Contact an Auto Accident Attorney in Provo
• Call your insurance company, tell them you have a lawyer
• Try to stay calm and relax, everything is going to be alright in the end
State Law Covering 84604
Car accident litigation is governed almost entirely by State law in 84604 and victims must prove the same basic four elements in order to recover compensation.
Duty in Auto Accident Cases in 84604
Drivers in 84604 have a legal obligation to obey the rules of the road and operate their vehicles responsibly. This means not speeding, using blinkers, maintaining control of their vehicle, being in sound physical and mental state, exercising awareness, observing traffic signals, operating headlamps and certainly not drinking alcohol and driving or driving under the influence of drugs.
Breach in Auto Accident Cases in 84604
With the existence of a duty of care in 84604 being widely accepted, you’ll need to start proving with evidence that the opposite driver made a breach of their duty on the road. In 84604, breach of duty can be direct evidence, eyewitness testimony, traffic surveillance video, admission of fault, apology, police reports or forensic evidence such as skid marks, paint smudges or drug and alcohol readings
Causation in Auto Accidents in 84604
After your auto accident attorney in 84604 has proven duty and breach, they also need to prove the opposing party caused your injuries. In 84604 this is usually done via medical testimony and showing the injuries to be consistent with the nature of the car wreck and of course, that these issues did not exist before the accident.
What can I get Compensation for in an Auto Accident?
The top compensation reasons for an Auto Accident Payout are:
• Personal Injury
• Whiplash
• Medical Expenses
• Pain
• Grief
• Loss of earnings
• Psychological Harm and PTSD
• Cost of a Rental Car
• Repair or Replacement of your Vehicle
• Trauma
Should I get an Auto Accident Attorney for a car accident that was my fault in 84604


If you are at fault in a Car Accident then take the following steps immediately:
• Contact the insurance company covering the vehicle you were operating
• Provide all relevant information
• Ask them to confirm the policy limits
• If you suspect the limits may not be enough you could be personally liable
• Contact an Auto Accident Attorney in Provo immediately
Many people believe their insurance company is their friend. The voice on the end of the claim hotline can be reassuring but beware and ask yourself, do they really have your best interests at heart? After all, if the car accident wasn’t your fault then your insurance company looks after you right? Not always the case and remember, your insurance company is a business just like any other and that business is looking to make a profit at the end of the year. They are answerable to their stockholders first, and then their clients. In that very order! While your insurer may ‘seem’ to be acting in your best interests they’ll always be cutting costs and saving money. Money that should be unlocked for you as their client, not kept in a reserve for a stockholder’s pension plan. It’s well known in the Auto Accident business that most insurance companies use a secret formula to save them the most amounts of money and giving you the least amount possible. It’s a double-edged sword and it’s unfair to hardworking people across Utah, from all walks of life. If you forgo seeking the assistance of an auto accident attorney in 84604 based upon the fact the accident wasn’t your fault can be a ‘fools’ errand’. Do not for one second believe an Insurance Corporation cares about whose fault an accident is. Their only concern is how little of a payout they can get away with.
What does a Personal Injury Lawyer Do and Why is it Beneficial to Hire One?
A personal injury lawyer is someone who provides legal representation to individuals who have been injured in an accident. Personal injury lawyers work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation for accident victims.

Types of Personal Injury Cases

Personal injury cases often involve the negligent acts of others. This includes automotive accidents, including motorcycle accidents and truck accidents. Personal injury lawyers may also handle other types of transportation accidents, including aviation accidents, bike accidents, mass transportation accidents, boating accidents and pedestrian accidents. They may also handle cases involving premises liability, including negligent security, slip and fall accidents and animal bites and attacks. They may also handle cases involving nursing home abuse and neglect and construction accidents. Medical malpractice cases also fall under the umbrella of personal injury cases.

Types of Compensation
Personal injury plaintiffs may be entitled to compensation for the damages that they have suffered. This includes medical expenses, loss of income, loss of earning capacity, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, mental anguish and pain and suffering.
Acts of Personal Injury Lawyers
The specific actions that personal injury lawyers do depends on the type of case, specialty area and where they are in the process of a case. Some of the activities that personal injury lawyers may do and how they benefit your case include:
Investigating Claims
Personal injury lawyers generally work on a contingency fee basis in which they only charge attorney’s fees after they have secured a settlement or jury verdict. Because they often finance a case, they take great care in screening potential clients and evaluating the merits of the case. A personal injury lawyer will not want to take on a case that he or she does not believe will result in a win for the client.
Gathering Evidence
A personal injury may gather evidence to support the plaintiff’s claim. This may involve procuring any police or incident report. He or she may track down witnesses and get witness statements. He or she may take or instruct a photographer to take pictures of the accident report. He or she may also retain evidence for the case, such as property damage, camera footage or other evidence. Evidence may establish liability for who caused the accident and the extent of the damages that the plaintiff suffered. Evidence may include medical reports, medical records, bills, employment documents, employment reports and property damage reports.
Negotiating with Insurance Companies
Most people do not negotiate as part of their typical lives. However, personal injury lawyers are used to negotiating with insurance companies. They can review the policy details and determine the maximum level of compensation that may be available based on the specific circumstances of the case. A personal injury lawyer may also handle all communications with the insurance company and prevent the injury victim from doing anything that may jeopardize his or her claim, such as giving a recorded statement.
Sending Demand Letters
A personal injury lawyer may send a demand letter to an insurance company after thoroughly investigating the claim. This demand letter states the facts of the accident and demands a certain amount of damages for the injury that the defendant caused.
Preparing Pleadings
If the insurance company refuses to offer a fair settlement, the personal injury lawyer may prepare a complaint against the defendant. The complaint sets out the legal arguments regarding why the defendant is responsible for the accident. The complaint also states an amount of damages that the client is seeking. The defendant generally has 30 days from the date of receiving the complaint to prepare an answer to it.
Conducting Discovery
The plaintiff’s lawyer may initiate discovery processes. This includes sending interrogatories to the defendant to ask for certain information. It can also include deposing parties, witnesses and experts.
Representing Clients at Trial
If the case proceeds to trial, a personal injury lawyer provides representation in court. Personal injury lawyers are familiar with court customs and procedures and can ensure that these steps are carefully followed.
Contact a Lawyer for Assistance
It is important to have a personal injury lawyer by your side if you have been injured in an accident caused by someone else. A lawyer can help you level the playing field since the other side will likely have a lawyer on his or her side. He or she can draw on resources like expert witnesses and private investigators when necessary.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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Utah Law On Dog Bites

Utah Law On Dog Bites

Under Utаh law, dоg оwnеrѕ and kеереrѕ are liаblе and responsible for thе dаmаgе that their реtѕ cause. Ordinаrilу, thiѕ will bе a саѕе whеrе thе dоg bitеѕ ѕоmеоnе, but wе have hаndlеd a case where thе dog caused a hоrѕе tо rear uр аnd thе rider tо fаll injuring the ridеr. Some states allow dоg оwnеrѕ or kеереrѕ to not be rеѕроnѕiblе until thеir dоgѕ ѕhоw some ѕоrt оf рrореnѕitу оr track rесоrd fоr biting реорlе. Wе оftеn call thiѕ thе “one free bite rule.”

However, Utah law does not аllоw оnе free bite fоr Fido. Thе оwnеrѕ of keepers оf dogs аrе rеѕроnѕiblе fоr аll injuriеѕ оr dаmаgеѕ саuѕеd by thеir dogs. Hоwеvеr, the ѕtаtutе that controls thiѕ applies only to dogs. It dоеѕ nоt аррlу tо cats. Even the most tаmе and gеntlе dоg саn ѕоmеtimеѕ be a bitеr оr cause dаmаgе. Dоg bitеѕ саn be viсiоuѕ and painful and саn ѕоmеtimеѕ rеԛuirе рlаѕtiс surgery, cause infесtiоnѕ оr оthеr subsequent рrоblеmѕ.

Utаh supplements thе scanter саuѕе оf асtiоn with a dog bitе statute. Thе ѕtаtе thеrеfоrе iѕ сlаѕѕifiеd аѕ a ѕtаtutоrу ѕtriсt liаbilitу state. Itѕ dоg bitе ѕtаtutе mаkеѕ a dog owner or kеереr liable whеnеvеr hiѕ dog bitеѕ a реrѕоn, еvеn thе firѕt timе. Thе ѕtаtutе applies to dоg оwnеrѕ аnd third раrtiеѕ whо are kеереrѕ оf thе dоg, аnd соvеrѕ bitеѕ аnd оthеr injuries infliсtеd by a dоg.

Thе ѕtаtutе iѕ wоrdеd аѕ fоllоwѕ:
Utаh Code Sесtiоn 18-1-1. Liаbilitу of оwnеrѕ — Scienter — Dogs uѕеd in lаw enforcement.
(1) Evеrу реrѕоn оwning оr kеерing a dоg iѕ liable in damages fоr injury соmmittеd by the dоg, and it iѕ not nесеѕѕаrу in thе асtiоn brоught thеrеfоr to аllеgе or prove thаt thе dоg was of a viсiоuѕ оr mischievous disposition оr thаt thе оwnеr or kеереr of thе dоg knew thаt it was viсiоuѕ оr miѕсhiеvоuѕ.
(2) Notwithstanding Subѕесtiоn (1), nеithеr thе state nor any county, сitу, оr tоwn in the ѕtаtе nоr any реасе officer еmрlоуеd by аnу оf thеm ѕhаll bе liаblе in dаmаgеѕ for injury соmmittеd bу a dоg, if:
(a) thе dog hаѕ bееn trаinеd to аѕѕiѕt in lаw еnfоrсеmеnt; аnd
(b) thе injury оссurѕ while thе dоg iѕ rеаѕоnаblу аnd carefully being uѕеd in thе аррrеhеnѕiоn, arrest, оr lосаtiоn оf a suspected оffеndеr or in maintaining or соntrоlling the рubliс оrdеr.

Utah Stаtе аlѕо реrmitѕ a dog bitе viсtim tо recover compensation оn thе ground of negligence. Negligence iѕ thе lасk оf оrdinаrу care; thаt iѕ, the аbѕеnсе оf the kind оf саrе a rеаѕоnаblу рrudеnt аnd саrеful реrѕоn would exercise in ѕimilаr сirсumѕtаnсеѕ. If a реrѕоn’ѕ соnduсt in a given сirсumѕtаnсе dоеѕn’t mеаѕurе uр tо thе соnduсt of an оrdinаrilу рrudеnt аnd саrеful person, thеn thаt person iѕ negligent.

In Utаh, thе viоlаtiоn оf an аnimаl соntrоl lаw саn rеѕult in liаbilitу on thе part оf thе viоlаtоr, whеthеr оr nоt he оwnѕ the dog. Utаh Stаtе оftеn has lаwѕ requiring dоgѕ to be on leash, оr рrоhibiting thеm frоm being аt large оr from trеѕраѕѕing. With few еxсерtiоnѕ, соurtѕ hаvе rulеd thаt violating ѕuсh lаwѕ саn bе thе basis of liаbilitу. In Utah State, the viоlаtiоn соnѕtitutеѕ a рrimа fасiе саѕе of nеgligеnсе unlеѕѕ thеrе wаѕ аn оvеrriding rеаѕоn tо juѕtifу the violation.

Dog Bite Lawyer

When you need a dog bite lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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SLC Utah Accident Attorney

SLC Utah Accident Attorney

An accident attorney is someone who provides legal representation to individuals who have been injured in an accident. Accident attorney work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation for accident victims. Personal injury cases often involve the negligent acts of others. This includes automotive accidents, including motorcycle accidents and truck accidents. Accident attorney may also handle other types of transportation accidents, including aviation accidents, bike accidents, mass transportation accidents, boating accidents and pedestrian accidents. They may also handle cases involving premises liability, including negligent. Personal injury plaintiffs may be entitled to compensation for the damages that they have suffered. This includes medical expenses, loss of income, loss of earning capacity, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, mental anguish and pain and suffering.
Acts of Utah Accident Attorney
The specific actions that accident attorney do depends on the type of case, specialty area and where they are in the process of a case. Some of the activities that accident attorney may do and how they benefit your case include:

Investigating Claims
Accident Attorney generally works on a contingency fee basis in which they only charge attorney’s fees after they have secured a settlement or jury verdict. Because they often finance a case, they take great care in screening potential clients and evaluating the merits of the case. An Accident Attorney will not want to take on a case that he or she does not believe will result in a win for the client.
Gathering Evidence
An Accident Attorney may gather evidence to support the plaintiff’s claim. This may involve procuring any police or incident report. He or she may track down witnesses and get witness statements. He or she may take or instruct a photographer to take pictures of the accident report. He or she may also retain evidence for the case, such as property damage, camera footage or other evidence. Evidence may establish liability for who caused the accident and the extent of the damages that the plaintiff suffered. Evidence may include medical reports, medical records, bills, employment documents, employment reports and property damage reports.
Negotiating with Insurance Companies
Most people do not negotiate as part of their typical lives. However, personal injury lawyers are used to negotiating with insurance companies. They can review the policy details and determine the maximum level of compensation that may be available based on the specific circumstances of the case. An Accident Attorney may also handle all communications with the insurance company and prevent the injury victim from doing anything that may jeopardize his or her claim, such as giving a recorded statement.
Sending Demand Letters
An Accident Attorney may send a demand letter to an insurance company after thoroughly investigating the claim. This demand letter states the facts of the accident and demands a certain amount of damages for the injury that the defendant caused.

Preparing Pleadings
If the insurance company refuses to offer a fair settlement, the Accident Attorney may prepare a complaint against the defendant. The complaint sets out the legal arguments regarding why the defendant is responsible for the accident. The complaint also states an amount of damages that the client is seeking. The defendant generally has 30 days from the date of receiving the complaint to prepare an answer to it.
Conducting Discovery
The plaintiff’s lawyer may initiate discovery processes. This includes sending interrogatories to the defendant to ask for certain information. It can also include deposing parties, witnesses and experts.
Representing Clients at Trial
If the case proceeds to trial, an accident attorney provides representation in court. Personal injury lawyers are familiar with court customs and procedures and can ensure that these steps are carefully followed.
How an Attorney Can Help With Your Car Accident Claim
• If you were injured or suffered property damage in a car accident, you might be wondering exactly how an attorney can help you or whether it’s a good idea to try to deal with the insurance company and settle the claim on your own. While much depends on the specifics and the complexity of your case, in general a lawyer can: communicate with the other driver’s insurer
• obtain the necessary evidence with respect to liability
• organize your medical records and bills
• communicate with your health care providers to obtain missing records
• work with your doctors to make sure they provide the medical information you need so that you can prove damages in your claim
• organize and present the evidence in order to prove liability and damages
• negotiate with lien holders on your claim (such as health, disability, or workers’ compensation insurers) to potentially reduce the amount of those liens, and
• negotiate a satisfactory settlement with the insurance adjuster or defense attorney.

Communicating with the Other Driver’s Insurer
In any personal injury case, your lawyer will open up a line of communication with the insurance adjuster for the other party (or parties) involved. The adjuster has the pocketbook, and so it is critical for a plaintiff’s lawyer to have good communications and a good relationship with the adjuster.
Obtaining Necessary Evidence of Liability
A good lawyer can help obtain all of the evidence that you will need to prove liability in a car accident claim. Although you may have already taken photographs of the accident scene, your lawyer will probably go back to the scene him/herself to see what it looks like. While a picture may be worth a thousand words, actually seeing the scene can be worth a thousand pictures. The lawyer will make sure to get all of the accident reports in the case and will often speak with the investigating police officers and witnesses. A good lawyer will leave no stone unturned when it comes to obtaining evidence of liability. Learn more about Proving Fault for a Car Accident.
Obtaining Necessary Evidence of Damages
This is where a good lawyer can be essential to your case, especially when you’ve suffered significant injuries in connection with a car accident. It is critical to obtain all documentation related to your injuries, but it isn’t always easy to get your hands on those records and bills from health care providers. Although the records are technically yours, and you have an absolute right to them, sending medical records to patients and lawyers is just not a health care provider’s first priority. Small doctors’ offices may not have the staffing or the time to respond to medical record requests on a timely basis. Large hospitals may have specific procedures that must be followed in order to respond to medical record requests. If you don’t follow their procedures (which they often don’t publicize very well), they simply won’t respond to your request. Then, when the health care provider does respond to the request, the records may be incomplete. Any lawyer’s secretary or paralegal will tell you that they often have to request the same records more than once and that they have to follow up endlessly with the provider’s office. Finally, it may turn out that the doctor did not use the magic words as to causation, prognosis, and disability in his or her notes. In order to successfully prosecute any type of personal injury claim, you must be able to prove, through medical evidence,
• exactly what your injury, disability, or physical limitation is, and
• that it was caused by the defendant’s negligence.

Doctors often don’t mention causation and extent of the injury or disability in their medical records. If this happens in your case, your lawyer will write the doctor and ask for a special letter in which the doctor gives his/her opinion that the accident caused your injury or disability and that, as a result of the accident, you will be hindered or disabled for a specific period of time.
Negotiating With Lien Holders
If you received benefits from a health, disability, or workers’ compensation insurer, that insurer will have a lien on your claim. A lien means that the lien holder gets paid before you do, out of any settlement or judgment you receive. A good lawyer will work with the lien holder to try to get the lien holder to reduce its lien. This is important work. Every dollar less that the lien holder takes is one more dollar that goes into your pocket.
Negotiating the Settlement
Finally, the lawyer will negotiate your settlement. This is hard work. Negotiation is a very specific skill. A personal injury lawyer is always going to be far better at settling a car accident case than a layperson would be. A good lawyer knows how much the case is worth and knows how to work the case and conduct the negotiations so as to get top dollar from the insurer.

The Other Side’s Accident Investigation
You can expect the insurer’s adjuster or defendant’s attorney to take certain steps during a personal injury investigation, including:
• Obtaining a copy of the police or other accident report
• Asking for your formal statement about the event
• Taking other witnesses’ statements
• Obtaining photos or video footage of the accident
• Obtaining physical evidence left over from the accident
• Obtaining copies of your medical records
• Retain expert witnesses
The exact steps necessary will depend on the type and complexity of the accident. A relatively straightforward slip and fall case may not require an accident re-constructionist while a multi-vehicle collision does. During the initial investigation, the insurance company looks for the truth yet also hopes there is a way to deny its client’s liability. The other party’s insurance company is not on your side and not looking out for your best interests. This is why it is essential to work with an experienced accident attorney as soon as possible after the accident. You will be asked to provide the other party with a formal statement. You should not do this until you have spoken with an attorney. What you say and how you say it matters. A small slip of the tongue could be used against you. By preparing your statement with an attorney first, you understand how, to tell the truth in the best way for your case. Additionally, insurers have the habit of asking for more documentation than they really need because they hope to find information supporting a denial of your claim. For example, an insurer may try to obtain your entire medical history. If your medical records include any evidence suggesting you might have suffered from one of your current conditions or injuries prior to the accident, this can be used to deny your claim or offer you less compensation. An accident attorney will protect your rights and keep the insurance adjuster from violating your privacy. You do not have to wait to see what the other party’s insurance company finds and decides. You have the right to work with an experienced accident attorney who is capable of conducting an independent investigation on your behalf. This is important because it may uncover facts in your favor that the insurance company did not discover or gave very little weight. It also helps you have an advantageous perspective on the facts, enabling you and your attorney to better counter the other party’s arguments against your claim. While the defendant’s insurer is not looking out for you, your attorney will strive to find evidence in support of your case.
What It Takes To Win A Case
For starters, a lawyer will provide knowledge of the law and procedural rules. Utilizing this combination of expertise and experience is will ensure that you are in position to win your case. Maybe one of the most important things a lawyer can do is handle communications with these aggressive insurance companies. When you are going up against a big insurance company with vast resources, you need an experienced lawyer who knows how to deal with them. These insurance companies have been known to do whatever it takes to avoid a payout. Your lawyer is there to level the playing field so that you come away with the compensation that fits your situation.
Here’s a quick list of some of the legwork your lawyer will complete for you:
• Deal with insurance companies. There is a lot of back-and-forth with insurance companies after a car accident. This is a difficult task when these insurance companies are trying to avoid paying a settlement. Let your lawyer handle this.
• Obtain evidence. This includes talking to witnesses, gathering and analyzing police reports, gathering medical records and evaluating lost wages (if necessary). These pieces of evidence are so vital to the success of your claim. Your lawyer will ensure to leave no stone unturned during this part of the process.
• Prepare a settlement demand letter. This is a very important document that lays out all of the facts in a way that will lead to injury settlement negotiations.
• File the proper paperwork to go to court. Even though going to court is rare, it’s nice to know that you will be in good hands with your lawyer if need be. Your lawyer will deal with the defense attorneys and build your case based on the facts that were gathered.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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