Salt Lake City Personal Injury Lawyer

If you become hurt due to someone else’s negligence, consult with a personal injury lawyer at Esquire Law in Salt Lake City, UT. Our personal injury attorneys have years of experience handling these complex cases and will do everything possible to help you recover damages. We understand how overwhelming this process can be and aim to make it easier for you.

Reach out to our legal team today if you’re ready to fight for damages in a personal injury case and need legal representation in Salt Lake City, UT.

Utah Personal Injury Laws

Utah’s personal injury laws in 2024 provide a framework for victims seeking compensation for injuries caused by another party’s negligence.

Statute of Limitations for Personal Injury Claims

The general statute of limitations in Utah allows plaintiffs four years from the date of the accident to file a personal injury claim, as specified in Utah Code § 78B-2-307. However, this timeframe varies depending on the type of claim.

In cases involving wrongful death, the statute of limitations is shortened to two years from the date of death. Non-economic damages, which include pain and suffering, are capped at a set amount that is adjusted annually for inflation. As of recent years, this cap has been around $450,000.

Furthermore, when the claim involves a government entity, the timeline is even more restrictive under the Governmental Immunity Act, requiring a notice of claim within one year and a lawsuit within two years.

These variations highlight the importance of understanding the specific deadlines relevant to each case, as missing these critical timelines can result in the dismissal of the claim.

Modified Comparative Negligence Rule

Utah follows a modified comparative negligence rule, which means that a plaintiff can recover damages only if they are less than 50% at fault for the accident. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages. If they are less than 50% at fault, their compensation is reduced by their percentage of fault (e.g., if a plaintiff is 20% at fault, their damages award is reduced by 20%).

Joint and Several Liability

In Salt Lake City, if multiple parties are found liable for a plaintiff’s injuries, the state applies a form of joint and several liability. However, this is limited by Utah law, meaning that a defendant who is less than 50% at fault is only responsible for their proportionate share of the damages. A defendant who is 50% or more at fault may be required to pay the entire amount of the judgment, but they can seek contribution from other liable parties.

Pre-Judgment Interest

Also, Utah law allows for the recovery of pre-judgment interest in personal injury cases, which can be awarded from the date of the injury until the date of the judgment. This is intended to compensate the plaintiff for the loss of use of the money they are entitled to.

Understanding these additional laws and how they interact with specific circumstances is crucial for successfully navigating a personal injury dispute. Consult our Salt Lake City personal injury lawyer, to review your case and comply with the state’s statute of limitations.

Types of Personal Injury Cases Our Attorneys Handle

If you need Salt Lake City injury lawyers with plenty of experience, we’re the team to call. At Esquire Law, we take on cases involving personal injury from the following:

Car, truck, and motorcycle accidents: These cases involve collisions where another driver’s negligence caused injury. This category includes all motor vehicle accidents, whether involving cars, trucks, or motorcycles. Injuries from these accidents can range from minor cuts and bruises to severe, life-threatening conditions.
Boating accidents: This includes injuries sustained in accidents involving boats or other watercraft, often due to operator negligence, equipment failure, or violation of boating regulations. Victims may suffer from drowning, traumatic injuries, or hypothermia.
Bus accidents: These involve injuries sustained in collisions or incidents involving public or private buses. Due to the size and passenger capacity of buses, these accidents can result in severe injuries and complex liability issues.
Bicycle accidents: These cases typically involve cyclists who are injured due to collisions with motor vehicles, dangerous road conditions, or defective bicycle equipment. Injuries can range from fractures and lacerations to traumatic brain injuries.
Pedestrian accidents: This category involves pedestrians who are hit by vehicles, often resulting in serious injuries or fatalities due to the vulnerability of the pedestrian. Common causes include driver negligence, distracted driving, or failure to yield.
Slip and falls: Also known as premises liability cases, these involve injuries caused by slipping, tripping, or falling due to hazardous conditions on someone else’s property, such as wet floors, uneven surfaces, or poor lighting.
Dog bites: These cases involve injuries sustained from dog attacks, where the owner may be held liable if they failed to control their animal or if the dog had a history of aggressive behavior. Injuries can range from minor bites to severe lacerations and infections.
Brain Injury: These cases focus on injuries to the brain, which can occur due to accidents, falls, or medical malpractice. Brain injuries can have long-term effects on a person’s cognitive and physical abilities and may require extensive rehabilitation.
Spinal Injury: Involves damage to the spinal cord, often resulting in partial or complete paralysis. These injuries can occur in various types of accidents, including car crashes, falls, or sports-related incidents.

Our Salt Lake City injury attorneys are ready to help you seek fair compensation for your pain and suffering across all these practice areas. We have the experience to advocate on your behalf.

We handle the following cases in Salt Lake City:

Typical Injuries From Personal Injury Cases

As leading personal injury lawyers in Salt Lake City, UT, our attorneys help clients suffering from a wide range of injuries. Whether you’re involved in a workplace accident, or car crash, you can sustain serious, life-altering injuries, including:

Traumatic brain injuries (TBI): These occur when a sudden trauma causes damage to the brain. Legally, TBIs often result in substantial compensation due to the long-term impact on cognitive function, quality of life, and the need for extensive medical care and rehabilitation. Compensation can cover medical expenses, lost wages, and pain and suffering.
Spinal Cord Damage: This includes any injury that results in the partial or complete loss of motor function or sensation. Spinal injuries are among the most severe, often leading to paralysis. Compensation in these cases is typically significant, covering lifelong medical care, rehabilitation, and adaptive equipment.
Bone Fractures: Fractures can range from simple breaks to complex, multiple fractures requiring surgery. These injuries can result in compensation for medical treatment, lost wages during recovery, and pain and suffering. In some cases, particularly where fractures result in permanent impairment, additional compensation for loss of future earning capacity may be sought.
Internal Crush Injuries: These occur when an external force compresses the body, leading to severe damage to internal organs. Crush injuries often require extensive medical treatment, including surgery and long-term care. Compensation may include medical expenses, loss of income, and pain and suffering, particularly if the injury leads to permanent disability.
Burn Injuries: Burns can range from minor to life-threatening, with severe burns often leading to permanent disfigurement, loss of function, or psychological trauma. Compensation for burn injuries often includes medical expenses, cosmetic and reconstructive surgeries, lost wages, and emotional distress.
Soft Tissue Injuries: These involve damage to muscles, ligaments, and tendons, such as sprains, strains, and whiplash. Although sometimes considered less severe, soft tissue injuries can lead to chronic pain and long-term disability. Compensation typically includes medical treatment costs and lost income, and in cases of persistent pain, additional damages may be awarded.
Amputations: The loss of a limb due to trauma is one of the most severe types of personal injury. Compensation covers medical expenses, prosthetics, rehabilitation, lost earning capacity, and significant damages for pain and suffering and loss of quality of life.
Vision or Hearing Loss: These injuries can result from trauma or exposure to hazardous conditions. Compensation typically covers medical treatment, adaptive devices, lost income, and significant damages for the impact on daily living and quality of life.
Emotional and Psychological Injuries: These include PTSD, anxiety, depression, and other mental health conditions resulting from trauma. Compensation may include costs for therapy and treatment, as well as damages for emotional distress and impact on daily living.
Lacerations and Scarring: Deep cuts that require medical intervention can lead to scarring, disfigurement, and emotional trauma. Compensation often includes medical costs, pain and suffering, and damages for permanent disfigurement.

No injury is too minor for our Salt Lake City car accident lawyers. Contact us immediately after your accident to discuss all aspects of your case.

Eight Phases of a Personal Injury Claim in Salt Lake City, Utah

Deciding to file a personal injury lawsuit comes with many complex steps. Before you can recover damages, you must go through the eight phases of a case. Discover what each of these phases entails below.

1. Consult With a Personal Injury Attorney in Salt Lake Cityyour legal representation

Say you’re left with several bone fractures after a motorist hits you on your bike. Your priority should be meeting with Salt Lake City bicycle accident attorneys who can provide legal advice, review the extent of your injuries, and discuss the motorist’s negligence. This consultation can give you an idea of the compensation available to you as a victim.

2. Investigation of the Case

Once you agree to have your your legal representation, your personal injury attorney will begin compiling evidence for your case. This includes details in a police report, photos of the accident and injury, your medical records, and witness testimony. All of the information they gather boosts your chance of recovering sufficient damages.

3. Demand for Settlement

Lawyers then send the defendant and their representation a demand letter outlining the damages you’re seeking. They can either agree to settle, make a counteroffer, or reject the claim.

4. Filing the Lawsuit

Cases that don’t settle quickly lead to filing a lawsuit. Attorneys will guide you through the process and continue to fight for you.

5. Discovery Phase

During the discovery phase, legal teams gather evidence from each other. This allows them to review the opposing arguments in preparation for the next phase.

6. Mediation Phase

In a final attempt to keep the case from going to trial, both parties and their representation gather with a mediator in hopes of reaching an outcome. If your case reaches this phase, it’s crucial to have personal injury lawyers in Salt Lake City, UT, who are well-versed in mediation tactics.

7. Personal Injury Case Moves Into Trial

Say you’re unable to secure damages for motorcycle accident injuries after going through mediation. The trial attorney then presents your case in court as it heads to trial. A judge and jury will hear arguments from both sides before deliberating on a verdict.

8. Appellate Process

Whichever party loses the trial can launch an appeal. You need an experienced personal injury attorney who can guide you through the appellate process for a shot at recovering damages.

Available Compensation for Victims of Personal Injury in Salt Lake City, Utah

If a tractor-trailer strikes your car and causes serious injury, a Salt Lake City truck accident lawyer can argue on your behalf and try to recover the following types of damages:

Economic damages: These cover medical expenses, lost wages, and bills for property damage.

Medical Expenses: This includes not only current medical bills but also future medical expenses related to the injury. These can encompass hospital bills, surgery costs, rehabilitation, physical therapy, prescription medications, and any necessary medical equipment.
Lost Wages and Loss of Earning Capacity: Beyond lost wages during the recovery period, victims can also seek damages for diminished earning capacity if the injury affects their ability to work in the future. This may involve expert testimony to estimate future lost earnings.
Property Damage: This includes repairs or replacement of damaged property, such as a vehicle involved in an accident.
Punitive damages: The defendant, if found grossly negligent, may pay you as a punishment for their actions.

Non-economic damages

Pain and Suffering: This includes compensation for the physical pain and emotional distress caused by the injury.
Emotional Distress: In addition to pain and suffering, victims may seek damages for psychological impacts such as anxiety, depression, PTSD, and other emotional injuries.
Loss of Consortium: If the injury negatively impacts the relationship between the victim and their spouse, damages may be sought for loss of companionship, affection, and sexual relations.
Loss of Enjoyment of Life: Damages may be awarded if the injury significantly impacts the victim’s ability to enjoy day-to-day activities, hobbies, or other aspects of life.

Punitive Damages

Punitive Damages: As mentioned, these are awarded in cases where the defendant’s actions were particularly egregious or reckless. The purpose is to punish the defendant and deter similar behavior in the future.

Special Damages

Out-of-Pocket Expenses: Victims can recover for various out-of-pocket costs associated with the injury, such as transportation to medical appointments, home modifications, or the hiring of help for daily tasks.
Funeral and Burial Costs: In wrongful death cases, the family of the deceased can recover these costs as part of the damages.
Rehabilitation and Therapy Costs: This includes both physical and psychological rehabilitation services necessary for the victim’s recovery.

A personal injury lawyer is essential for navigating the complex legal landscape of personal injury claims, ensuring that all potential avenues for recovery are pursued, including economic, non-economic, and punitive damages. Their services are crucial in maximizing the compensation you are entitled to, while also handling the legal nuances and negotiations that can arise in such cases.

Utah Statute of Limitations for Personal Injury Claims

Utah residents have four years from the accident date to file a claim, though some exceptions may apply to your case. Consult our personal injury lawyers in Salt Lake City, UT, to review your case and comply with the state’s statute of limitations.

Frequently Asked Questions

Learn answers to common questions our legal team receives from clients.

How Much Is My Personal Injury Case Worth?

Your possible compensation depends on the details of your case and the extent of your injuries.

Will I Go to Court If I File a Personal Injury Claim?

Lawyers try to avoid trial by settling claims out of court, but it’s possible that your case may stand trial.

How Much Does a Salt Lake City Personal Injury Attorney Cost?

Our personal injury lawyers don’t cost anything upfront. We only charge fees if we secure a settlement or win your case.

How Do I Know If I Have a Personal Injury Case?

You can file a personal injury case if another party owed you a duty of care and, by neglecting it, caused your injuries.

Request a Free Case Review From A Personal Injury Lawyer in Salt Lake City

Whether you’re in a car accident due to another driver’s negligence or need personal injury services, Esquire Law is here to help. Our personal injury lawyers in Salt Lake City, UT, have a proven track record of success recovering damages for our clients. See why we’re the personal injury law firm Salt Lake City residents trust to fight for them.

Contact Esquire Law at (602) 654-2950 for a free case evaluation.