Catastrophic Tort Claims Lawsuits

Catastrophic Tort Claims Lawsuits

Catastrophic Tort is characterized as a territory of law that manages a mishap those outcomes in death or genuine lasting damage to the person in question. Now and then the unfortunate casualty can endure genuine wounds that unalterably transform them; here and there the injured individual endures a definitive certainty, demise.

Tort law is the territory of law that shields individuals from awful demonstrations of others. At the point when an individual submits a tort, they disregard common law. In the event that an individual is harmed by another person’s illegitimate demonstration, they can bring a case for pay against the individual who submits the tort. The reason for tort law is to guarantee that transgressors pay for the harm that they cause rather than the people in question.

Physical injuries are one type of damages from a tort. A person can have emotional injuries. They might have lost their peace of mind, their privacy or even their business or personal reputation. Any of these physical or emotional losses might give a person grounds to bring a claim for recovery under tort law.

A tort can be wrongdoing. Be that as it may, tort law isn’t criminal law. Tort law gives an injured individual a common cure in the courts. In some cases, a tort is likewise wrongdoing. Regardless of whether the state seeks after criminal accusations, an individual can seek after a common cure in the courts.

A defendant needn’t bother with the consent of an examiner or a lead prosecutor so as to start a court activity. Rather, they draft a grumbling. That is a report that rundowns what the other party fouled up. It requests the alleviation that is permitted under the law. A tort activity starts when the individual record the case in a court. Calamitous cases are frequently enthusiastically challenged by respondents who would prefer not to pay for the harms brought about by their carelessness.

Types of torts

There is a wide range of kinds of torts. They fall into the accompanying classifications:

Carelessness or Negligence

Every individual in the public arena has an obligation to act in a manner that doesn’t present a nonsensical risk on others. At the point when an individual demonstration in a preposterously risky manner, they act carelessly. At the point when their careless demonstration harms another person, they can be at risk. A couple of the manners in which that carelessness can happen include:

•Car mishaps
•Medical misbehavior
•Slip and falls
•Falling objects
•Failing to give fitting security at an occasion
•Construction mishaps
Examples of catastrophic injuries include:
 Traumatic Brain Injury Cases
 Spinal Cord Injuries – paralysis
 Loss of Limb due to amputation
 Severe Disfigurement or Scarring from burns or injury

Catastrophic tort claims

If you have been injured in a mishap as a result of another party’s negligence, you may make a personal injury claim for compensation. A personal injury claim is a civil law action that seeks compensation for damages suffered or sustained by a victim. Personal injury claims can be very diverse, ranging from car and motorcycle accidents, public liability claims for slips and falls in a public space, to employers’ liability claims for accidents at work and industrial disease claims for exposure to hazardous products. Typically, a successful personal injury claim arises due to evidence of negligence on behalf of the other party.
The estimation of individual damage cases can likewise differ broadly, from littler cases of $10,000 to multi-million-dollar claims for calamitous wounds. Disastrous Damage is one that outcomes in changeless handicap, enduring medicinal issues, a diminished personal satisfaction or decreased future. The treatment and follow up consideration for such cases will in general be costly, requiring rehashed methods, enduring, and nonstop consideration and regularly weakens an individual’s personal satisfaction and capacity to help themselves.

Calamitous wounds can imply that you are never again ready to work, need adjustments or impaired offices in your home and your vehicle and potentially some dimension of consideration, physiotherapy or treatment for an amazing remainder. This all should be determined precisely, including stipends for the adjustment in financing costs all through an incredible time.
Instances of calamitous wounds incorporate those including removals, incapacitating cerebrum wounds or long haul consumes wounds.

Catastrophic Injury Claims

Scale of damage – Catastrophic damage cases are a lot bigger in esteem due to the level of the physical wounds endured by the offended party. They can incorporate both financial harms, which include therapeutic costs and loss of pay, and non-monetary harms, which make up for passionate harms originating from any present and future impedances endured.
Duration of damage – Contrasted with non-calamitous individual wounds, disastrous wounds have a substantially more critical and enduring impact. In cases including loss of motion, spinal string wounds, birth wounds, and extreme horrible mind wounds, exploited people may have progressing ailments that persevere for the duration of their lives. They face an actual existence that comprises of medicinal arrangements, drug and physiotherapy schedules, and will probably expect alterations to settlement and therapeutic prosthetics. In the most serious cases, exploited people may even require every day care for the remainder of their lives. Ascertaining future restorative needs is regular in claims recorded by disastrously harmed exploited people, and it is basic to guaranteeing unfortunate casualties and their families have the money related intends to verify the consideration they need.

Need for greater expertise – Catastrophic damage cases regularly involve more medicinal data and investigation than lesser individual damage cases. Therapeutic specialists need to look at exploited people and give their suppositions with respect to the seriousness of wounds and anticipation. Therapeutic documentation and master declaration are regularly basic to demonstrating future medicinal needs and outlining the seriousness and extent of harms endured by unfortunate casualties.
Degree of opposition – Because of the bigger financial remunerations in question, insurance agencies and corporate litigants are probably going to guard the case more energetically instead of settling. With payouts achieving several thousands and even a huge number of dollars, organizations named as litigants for item deformities, carelessness or reason obligation have a motivation to debate risk, harms or even settle claims. This implies the specialist for the offended party can be in an arduous preliminary.

Proximate Cause

Was the litigant’s carelessness the proximate reason for the offended party’s damage?
Proximate reason is frequently mistaken for genuine causation. Proximate reason basically says regardless of whether the respondent was careless and regardless of whether the litigant’s carelessness was the genuine reason for the offended party’s damage, was the damage predictable? For example, if the litigant gave a youngster a stacked weapon to play with, would he say he was careless? Obviously, he was. In any case, how about we expect that the tyke takes the stacked firearm and as opposed to shooting it tosses it at his sibling hitting him in the head. Is the litigant the lawful reason for the damage to the sibling? Possibly not.
Why? Since while it is predictable a tyke may shoot his sibling with a stacked weapon it may not be predicted that the kid would toss the firearm at his sibling harming him. All things considered, while the litigant was careless and the genuine reason for the damage, he may not be the legitimate reason for the damage to the sibling — implying that the respondent may not be lawfully dependable or required to pay harms.

Pain and Suffering catastrophic Claims in Utah

In Utah, agony and enduring harms have a place with a bigger gathering of harms known as “noneconomic harms”. Noneconomic harms are proposed to be a measure of cash that will reasonably and enough remunerate a harmed gathering for misfortunes other than financial misfortunes. In Utah, legal hearers are told to consider the accompanying in registering a noneconomic harms grant:

The type of injury and how serious it is
Pain and sufferings, both mental and physical
How much the injury has interfered with daily life
Limitations on enjoyment of life
How likely it is that the noneconomic losses will continue, and for how long
Recover Pain and Suffering Damages?
Anyone who has been hurt due to the fault an other person may recover pain and suffering damages in Utah. Someone else may be at fault for your injuries if your injuries were caused by a car accident, a slip and fall,Medical Malpractice an animal bite, or the a Wrongful Death of a loved one. However, pain and suffering damages are never available in Utah for Workers Compensation Claim.

When Are Pain and Suffering Damages Recoverable?

In the event that your wounds were endured in an auto crash, so as to recuperate agony and experiencing harms the driver dependable, you will initially need to surpass certain base Personal Injury Protection (PIP) protection essentials. Utah requires every harmed gathering to recoup from their very own PIP except if the damage brought about:
•Permanent incapacity or impedance
•Permanent distortion
•$3,000+ in therapeutic costs

Medical Malpractice Catastrophic tort

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, and aftercare or health management. Happens when an emergency clinic, specialist or other social insurance proficient, through a careless demonstration or exclusion, makes the damage a patient. The carelessness may be the consequence of blunders in determination, treatment, after consideration or wellbeing the executives.

The medical malpractice statute of limitations in Utah is two years from the date an injury was or should have been discovered. There is a “maximum” limit of four years, meaning that no case can be filed more than four years from the date of the injury, even if the injury was discovered one day before the four year period expires.

In cases of medical malpractice resulting in wrongful death, the regular medical malpractice statute of limitations applies. This is important to note, because Utah has a separate wrongful death statute of limitations for all other tort matters. The general wrongful death statute does not supersede the medical malpractice statute of limitations.

Wrongful Death catastrophic Claim

Unfair passing law applies in tort cases in which the litigant’s direct has brought about the demise of the person in question, abandoning enduring relatives and wards who will endure because of the injured individual’s nonattendance. The reason for these laws is to remunerate the survivors, not the expired unfortunate casualty. Improper passing laws are found in present day state resolutions. Time limits for recording suit, offended party capabilities, and allowable harms change by state.

In contrast to other tort tenets, unjust passing did not exist at precedent-based law. English and early American courts did not perceive these activities. Rather, they pursued a standard that said when tort unfortunate casualties passed on, the privilege to carry a case kicked the bucket with them. In the only remaining century, officials have come to perceive the unfairness of the authentic standard. These days, miscreants who harm others can’t escape risk essentially in light of the fact that the damage was extreme enough to kill the person in question. Like other states, Utah has its own set of laws governing wrongful death claims.
Utah Code section 78B-3-106 describes a wrongful death as one that is caused by the “wrongful act, neglect, or default” of another party. The conduct that caused the death must be the sort that would support a personal injury claim.

Personal injury claims are similar to wrongful death claims in that both are based on an actionable injury. However, in a wrongful death case, the injured person is no longer able to bring his or her own claim to court, for obvious reasons. Instead, another party must bring the claim to court on behalf of the injured person and any family members who were harmed as a result of the untimely death — which brings us to the next question.
According to Utah Code section 78B-3-105 the “heirs” who may file a wrongful death claim include:

• the surviving spouse
• the surviving adult children
• the surviving parent or parents, including adoptive parents
• the surviving stepchildren, if they are under 18 at the time of death and were financially dependent on the deceased person, and
• Other blood relatives as listed in Utah’s inheritance laws.
Spinal Cord Injury Claim

A catastrophic injury is a severe injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures.

On the off chance that you have been harmed in a mishap/episode brought about by the carelessness of someone else, you may have a substantial case, regardless of whether the mishap was incompletely your very own shortcoming. Your last honor (or settlement) might be decreased by the rate that you are considered to have been subject for your own damage.
You may be able to get:
•past and future lost profit;
•pain, enduring and loss of comforts of life;
•past and future therapeutic costs;
•hospital costs;
•rehabilitation costs;
•daily therapeutic necessities, for example, a wheelchair
•home care and help;
•alterations and changes to your home;
•modifications to your engine vehicle.
Spinal cord injuries usually involve recklessness, intentional harm or negligence. The three leading causes of such injuries are as follows:
• Auto accidents (42 percent)
• Slips, trips and falls (27 percent)
• Acts of violence, including aggravated theft (15 percent)

Catastrophic Injury Lawyer Free Consultation

When you need legal help with a catastrophic injury claim in Utah, please call Ascent Law LC 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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Medical And Professional Malpractice Defense

Medical And Professional Malpractice Defense

Medical And Professional Malpractice Defense

Medical malpractice is the term used to describe the legal action against a medical professional whose conduct has been alleged to be negligent. According to the Journal of Patient Safety, nearly 450,000 Americans die each year as a result of preventable medical mistakes. Many of these cases go unreported because victims are unaware that they have any legal recourse.

Doctors make a vow to “first does no harm.” Unfortunately, now and then patients are harmed or even murdered over the span of medicinal treatment. On the off chance that you, or somebody you adore, has been harmed by a specialist or nurture, or at an emergency clinic or medicinal practice, converse with a therapeutic misbehavior lawyer as quickly as time permits. Under Utah carelessness law, you may have a reason for a claim.
When somebody is harmed or bites the dust in a therapeutic setting- – either due to a restorative expert’s activities or in view of their inaction- – a patient or his or her family will regularly think about a medicinal misbehavior claim. A medicinal negligence lawyer can audit the particular certainties in your circumstance and help decide whether you have a suitable restorative misbehavior claim.

Specialists, attendants, dental specialists, experts, emergency clinics, and emergency clinic laborers would all be able to submit restorative negligence, as indicated by the American Bar Association.

What is Medical Malpractice and Negligence?

Medical malpractice is the term used to describe the legal action against a medical professional whose conduct has been alleged to be negligent. The medical professional’s conduct is measured by comparing his or her performance to the “standard of care”. The standard of care is typically defined as that level of competence that would be expected of a physician of average skill and ability practicing within the same specialty as the medical professional in question.

If the physician does something the average practitioner in the same field of medicine would not have done, or if the physician fails to do something the average practitioner in the same field of medicine would have done, that physician is said to have deviated from the standard of care, i.e., acted negligently.

In addition to proving negligence the plaintiff must also prove that some damage occurred as a result of the negligence, or that the negligence significantly increased the risk of the patient suffering the harm which then occurred.

Difference between Medical Malpractice and Negligence

The major factor distinguishing medical malpractice and medical negligence is intent. Negligence portrays a therapeutic expert who has committed an error throughout treatment, unconsciously making damage or enduring a patient. Negligence, then again, is pertinent when a medicinal expert, clinic, or substance made a move or neglected to act and knew damage to the patient could result.

Damages in negligence and malpractice cases

On the off chance that you or a friend or family member is a casualty of therapeutic carelessness or medicinal negligence, you might almost certainly document a case against the restorative expert dependable. On the off chance that your case is fruitful, you might be granted harms to remunerate you for misfortunes identified with the occurrence. Harms accessible in these cases include:

Payment for the cost of past medical care
• Payment for the cost of future medical expenses, such as long-term care or rehabilitation
• Compensation for lost wages
• Compensation for lost earning capacity
• Compensation for mental distress and suffering

In cases where the provider is guilty of medical malpractice, the court may also consider awarding punitive damages. These damages are awarded when the court determines that simply making the provider pay for the direct results of his or her mistake isn’t enough to make up for the incident. The purpose of punitive damages is to punish the provider for his or her wrongdoing. Most courts reserve this type of damages for extreme cases.

How to win a negligence or malpractice case

If you or a loved one has been injured or killed because of a medical provider’s actions, you may be able entitled to receive compensation for your losses. However, winning a medical negligence or medical practice case isn’t easy. In order to maximize your chances of winning the case, you need to present as much compelling evidence as possible in court.

One of the best ways to improve your chances of success in the courtroom is to hire a medical expert witness. A medical expert witness is a physician who uses his skills and knowledge to testify as an expert on your behalf in court. After reviewing the facts associated with your case, the expert will take the stand and explain the medical provider’s errors in terms that the judge and members of the jury will understand.

Professional Malpractice Law

A Professional is an individual who holds themselves out to be an expert or master in some field. “Proficient misbehavior,” otherwise called “proficient carelessness,” is an occurrence of carelessness or ineptitude with respect to a professional that harms, or generally harms, an offended party.

When you procure a specialist or an attorney, you trust that they will play out their occupations in accordance with the most elevated proficient models. Be that as it may, only one out of every odd specialist or legal counselor dependably completes a sensibly great job, and their patients or customers choose to sue. Those customers at that point enlist an expert negligence lawyer to contest their case.

Common Types of Professional Malpractice?

The most common form of professional malpractice is medical malpractice. However, professional malpractice can assume many different forms. Some common types of professional malpractice include:

• Therapist malpractice
• Hospital malpractice
• Chiropractor malpractice
• Dental malpractice
• Veterinary malpractice
• Accountant malpractice
• Attorney malpractice
• Clergy malpractice
• Architect/Engineer malpractice

Basically, anytime a professional or accredited expert is involved, the possibility for professional malpractice exists. In addition, entire groups or organizations may be held liable for malpractice, as when a hospital is sued for medical malpractice.

Professional malpractice is usually litigated under a negligence theory. In ordinary negligence cases, the plaintiff must show that the defendant failed to exercise the level of care of a reasonable and prudent person under similar circumstances. However, in cases involving a certain type of profession, the customs of that profession are instead used to set the standard of care.

Therefore, the plaintiff must show that the defendant failed to exercise the skill and knowledge normally exercised by reasonable members of the profession of average skill, and that this failure was the actual and proximate cause of the plaintiff’s injury. This will likely require expert testimony regarding what constitutes a reasonable level of care in the given profession.

Professional malpractice attorneys generally fall into two categories:
plaintiffs’ attorneys and defense attorneys. Plaintiffs’ attorneys operate very similarly to accident and injury plaintiffs’ attorneys: they may charge an hourly fee or charge a contingency fee, which means they will take a percentage of any money their client recovers in settlement or trial verdict.

Defense attorneys are usually hired by the professional’s malpractice insurance, and are paid out of the professional’s benefit. Much like defense accident and injury attorneys, they can review the case, determine whether the professional is actually liable for the injuries, evaluate the extent of the damage, file important court documents, and advise their clients on whether it is better to settle or go to court.

Related Practice Areas

• Medical Malpractice: A medical malpractice suit is a type of personal injury suit against a healthcare professional when that provider has injured a patient.
• Legal Malpractice:
• Accidents and Injuries: Personal injury defense attorneys defend against personal injury suits.
• Litigation: Most personal injury defense attorneys will bring a claim to court, or litigate it.
• Insurance Law: Most personal injury cases involve an insurance company, so a personal injury defense attorney must be well versed in insurance law.

Affidavit of Merit in Medical Malpractice Lawsuits

If you’re thinking about filing a medical malpractice lawsuit, it’s important to know that about half of the states in the U.S. have a law in place that requires medical malpractice plaintiffs to file an affidavit along with their lawsuit.

An oath of legitimacy is a necessity in certain locales, essentially in restorative misbehavior claims, to have a specialist document a sworn statement expressing the case has merit. It is a measure instituted to hinder paltry claims. At the point when an offended party in a restorative risk claim does not document a sworn statement of legitimacy with the grievance, the case might be expelled.

Utah Medical Malpractice Laws

A medical malpractice claim can get really confused. That is valid in each state, Utah notwithstanding. Legitimate issues and restorative proof can get mind boggling all around rapidly, and a therapeutic negligence offended party (the harmed patient, or the patient’s lawful agent) needs to agree to various exacting procedural principles directly at the beginning of the case.

Utah’s Medical Malpractice Statute of Limitations

A statute of limitations is a state law that sets a limit on the amount of time you have to file a lawsuit. If you try to file your lawsuit after the medical malpractice statute of limitations deadline has passed, you can bet that the doctor or health care facility you’re trying to sue will ask the court to dismiss the case. If the court grants the request (which it almost certainly will), that’s the end of your lawsuit.

Like a lot of states, Utah has a dedicated statute of limitations that applies to medical malpractice lawsuits. This law can be found at Utah Code section 78B-3-404, which says: “A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs.” So, if the malpractice is not known of right away, the case must be filed within two years of the date on which it is actually (or could reasonably be) discovered by the plaintiff.

Utah’s medical malpractice statute of limitations goes on to set a larger, catch-all deadline (known as a “statute of repose”) declaring that no such action shall be brought once four years have passed since the medical error occurred. But there are two kinds of cases where this larger four-year deadline does not apply: those where a foreign object was left in the patient’s body, and those where the health care provider concealed the malpractice through fraud. In those situations, once the existence of the malpractice case is discovered, the plaintiff has one year to file the lawsuit.

“Affidavit of Merit” in Utah Medical Malpractice Case

According to Utah Code section 78B-3-423, the affidavit must state that a qualified health care provider has reviewed the patient’s case and has determined that there is a “reasonable and meritorious cause for the filing of” a medical malpractice action.

Medical professional liability insurance, sometimes known as medical malpractice insurance, is one type of professional liability insurance which protects physicians and other licensed health care professionals (e.g., dentist, nurse) from liability associated with wrongful practices resulting in bodily injury, medical.

Medical malpractice insurance is a type of errors and omissions (E&O) coverage. It protects physicians and other healthcare professionals against claims alleging their negligent acts caused injury to patients. Medicinal Malpractice is basic for attendants, dental specialists, opticians, physical advisors, or any other person who gives social insurance administrations. It is additionally called therapeutic expert risk insurance.

Medical professional Malpractice Insurance protects you against claims that that arise out of professional negligence and breach of duty from the professional services, such as treatment and care that you have provided to patients.

This includes, but not limited to defending against claims such as: misdiagnosis, injury to patient, delays in referring patients, sexual harassment and mental harm of patients. Whether or not you feel the claim is genuine or has merit, as a regulated medical professional – you must defend this claim and provide evidence where required.

Medical Indemnity insurance

Medical Indemnity Insurance (regularly known as Medical Malpractice) ensures you against cases that that emerge out of expert carelessness and rupture of obligation from the expert administrations, for example, treatment and care that you have given to patients.

This incorporates, yet not restricted to shielding against cases, for example, misdiagnosis, damage to understanding, delays in alluding patients, inappropriate behavior and mental mischief of patients. Regardless of whether you feel the case is veritable or has merit, as a directed restorative expert – you should protect this case and give proof where required

In Utah, medical malpractice insurance is expensive, but is lower than other states. For neurosurgeons, spinal orthopedic surgeons and other specialists in high-risk areas, annual base rate premiums can be higher than $100,000. However, rate relief has taken hold in this state, making Utah a more physician-friendly area.
Insurance Facts
• Physicians in Utah carry limits of $1 million/$3 million.
• In 2004, in Judd v. Drezga, the Utah Supreme Court upheld the non-economic damages cap.
• In 2010, Utah Health Care Malpractice Act was amended again, mandating an affidavit of merit for all medical malpractice cases and establishing a hard cap of $450,000 for non-economic damages.

Malpractice Lawyer Free Consultation

When you need legal help with malpractice 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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Brandon M. Evans, Esq.

Brandon M Evans

Brandon M. Evans, Esq.
Attorney and Counselor at Law

When Brandon was admitted to the Utah Bar he fulfilled a dream whose inception began in his youth as a result of learning of the Founding Fathers and the Constitution. He is also admitted to the District of Columbia, Washington DC, Bar. While very grateful that he was able to fulfill this dream. Whether you are working to build, protect, or salvage your dream, Brandon can help you.

Whether you are getting married, getting un-married, creating a new business, defending your business, selling or ending your business, dealing with criminal concerns, planning your estate, seeking permanent immigration status, or recouping damages, Brandon will negotiate and litigate for you and your dreams.

Other dreams that Brandon enjoys creating and fulfilling are spending time doing activities: woodworking, gardening, board games, camping, and reading. Brandon loves that his wife and three children also enjoy those activities.

Brandon enjoys the following areas of legal practice:

  • Family Law (Child Custody, Mediation, Litigation, Parenting Plans, Divorce, Adoptions, Annulment)
  • Contract Law (drafting and litigation)
  • Criminal Defense (federal and state cases, including DUI, Theft, Domestic Violence, etc.)
  • Business Formations (LLC, Corporations, Partnerships, etc.)
  • Business Representation (Lawsuits and Litigation)
  • Real Estate (Quiet Title Actions, Evictions, etc)
  • Estate Planning and Probates (Wills, Trusts, including formation and administration, both contested and uncontested)
  • Tax Matters (IRS and Utah State Tax Commission)
  • Personal Injury Law (Car Accidents, Motorcycle Accidents, Dog Bites, Slip and Falls)
  • Collection Issues (collections; Fair Debt Collections Practices Act, etc.)
Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Ascent Law LLC

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Parents and Teachers Sue Utah School Board

Parents and Teachers Sue Utah School Board

The Common Core State Standards has been controversial in the U.S. since its introduction and implementation more than four years ago. Designed to present schools and educators with a set of curricula and skills that “outline the minimum standards in math and English that students should master at each grade level,” the core standards have been criticized for being too rigid and classified as yet another product of overreaching federal intrusion into local control despite their agenda “to increase college- and career-readiness for graduating students.” Now, in the beehive state, a group of six parents and educators are letting their lawyers in Utah file a lawsuit against the State School Board noting that stakeholders in the education system weren’t given enough consultation prior to the common core curricula adoption and are seeking an order “barring further implementation of the education standards,” according to this article in the Deseret News.

Utah’s general dislike of federal oversight into its programs originally resulted in Governor Gary Herbert asking the Utah Attorney General’s office to see what the state’s obligations around the Common Core were. But for the plaintiffs in the most recent lawsuit against the State School Board—satisfying those obligations aren’t enough. The question of local control over curriculum is only “a piece of legal issues surrounding the common core,” and that diverging matter in the state is confusing the issues. At one end is the question of federal entanglement, and at the other, which the lawsuit filed by the teachers’ and parents’ lawyers in Utah is most concerned with, involves the extent to which “local control” may be interpreted.

In Utah, a statute requires the State School Board to establish “rules and minimum standards for the public schools in consultation with local school boards, school superintendents, teachers, employers, and parents.” And that hasn’t happened, the plaintiffs in the suit argue. Connor Boyack, president of the libertarian advocacy organization funding the lawsuit said that not enough opportunity was provided at the time of implementation four years ago. And even though “education officials have long maintained the board’s adoption and review of the standards were conducted in accordance with established policies and during public meetings,” Boyack says there’s a difference between holding a public meeting and actually seeking input from local stakeholders.

Lawyers in Utah Can Help You

The lawyers in Utah representing the plaintiffs in the suit contend that the state statutes “include specific language about participation” in those public meetings with requirements around input from stakeholders that were unfulfilled. But the school board’s spokesperson disagrees, reporting a yearlong review of the common core before it was adopted, “during which time the Utah State Office of Education conducted meetings throughout the state asking for feedback from community members.”

The State School Board sees some of the claim put forward by the teachers’ and parents’ lawyers in Utah as a case of the way in which “people often don’t pay attention until they’re angry about a decision that has already been made.” Too little, too late, the spokesperson for the School Board says, calling the lawsuit “political nonsense.” But Utahns, for whom the issue of government control is an ever-sensitive one, may not be put off so easily.

Free Initial Consultation with a Utah 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

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Litigation Attorney

litigation attorney

A Litigation Attorney, also known as a litigator, is a lawyer hired by a client (usually a person, family, estate or business) to prosecute or defend against a civil lawsuit in either the State Courts or the Federal Courts in the State of Utah. A civil lawsuit can arise in many different areas of law and often concerns the recovery of money or property.

Civil attorneys specialize in a wide range of areas, including: personal injury law, employment law, family law, business and finance law, immigration law, real estate law, landlord tenant law, and more.

Civil attorneys work on non-criminal legal issues. They may, for example, defend clients how have been subjected to violations of privacy rights or destruction of personal property, like a car or other equipment. They might also help people resolve legal disputes between two people, such as settlement for injuries resulting from car accidents.

Civil attorneys handle cases involving contracts and property between individuals, government and businesses. Lawyers typically complete at least 4 years undergraduate studies and get a bachelor’s degree before entering into law school. Law school in the United States is 3 years. Attorneys must also pass the Utah bar exam (which is 2 days long) and become licensed in the State.

You Need a Civil Litigation Lawyer

If you need to file a lawsuit, it is strongly recommended that you seek the assistance of a civil litigation attorney. A trial lawyer can help you navigate the complicated court system and ensure that you do not miss any important deadlines. Plus, a litigation attorney knows the judges, knows their biases, knows what to give the court in writing and in oral argument.

A litigation lawyer can also consider your case and help you determine the likelihood of success should your case to a full blown trial on the merits. If you have been sued, it is important to speak to an attorney right away in order to properly respond to the lawsuit witin the right time period. If the time period passes, you could be stuck with a judgment against you – trust me – you don’t want that to happen.

Responsibilities of a Litigation Attorney

A litigation attorney is one who solely focuses on going to trial in both civil and criminal cases. As you may be aware, civil law consists of areas like family law, probate, intellectual property law, taxation laws, business, real estate, personal injury law and other areas. The law relating to civil wrongs, contracts, torts, quasi-contacts, business relationships are also a part of civil law. Basically, civil law covers any and all types of legal cases that do not involve the criminal justice system.

A trial lawyer can also do criminal proceedings. The rules are different between criminal and civil cases in Utah; however, the majority of courtroom proceedings are the same or similar. In criminal cases, we work to keep the defendant or accused out of jail. We deal with keeping them free and among our society. Sometimes we can get a judge to impose no jail or prison time depending on the rehabilitation of the defendant.

In a trial or litigation, we make opening arguments (also called opening statements), examine witnesses, present evidence, make legal arguments, etc during a trial. In some ways it is like what you see on TV; in other ways, it is nothing like what you see on Law and Order. The burden of proof is always an issue at trial. You are always trying to convince someone that you are right, your position is the correct one.

A litigation attorney has to use both law and facts prove their points. In civil law, a person or company that wishes to file lawsuit or complaint against another party is called the plaintiff. The burden is on the plaintiff to provide its case. The Plaintiff’s job is to present evidence, both facts and law, to the judge who interprets to the law according to the specific facts in your case. This involves legal research, going through not only the statutes, but the case law – meaning prior decisions of courts in our jurisdiction. If we can’t find cases in Utah, we look outside of Utah to support and prove our case. We use those cases and statues in legal briefs called Memorandums of Law to prosecute the case.

Sometimes litigation lawyers also spend time in negotiations and settlement proceedings. Mediation is a tool that we use as well. This step is important because mediation can look at things outside of the box and create some type of win-win (if that is even possible in your case).

Trial Lawyers at Work

As litigators, we work to find resolutions to either criminal or civil cases. These disagreements can be about the definition of contractual agreements, property possession, custody disputes involving minor children, divorces and other matrimonial disputes like child support and alimony, and money for property loss or personal injury or loss of business due to reputation. We can even go after the State or Federal government in some situations.

Our private clients and business clients are our mainstay. We work to resolve disputes in the most cost effective manners for our clients. Whether it is a civil matter or a criminal matter, we want to make sure that our clients are well taken care of. We use every tool that we can to get the job done.

Free Consultation with a Litigation Lawyer

If you are here, you need a litigation attorney, so call the experienced lawyers at 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

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