Frequently Asked Questions

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Your Personal Injury Law Questions, Answered.

At Salt Lake Injury Law, our clients are our priority. We understand the trust they place in us!

What Does a Personal Injury Lawyer Do?

Here are some of the key tasks and responsibilities of a personal injury lawyer:

1. Consultation: Personal injury lawyers offer initial consultations to evaluate the merits of a potential case. They gather information about the incident, injuries sustained, and the impact on the client's life.

2. Legal Advice: They provide legal advice and guidance to their clients, explaining their rights and the legal options available to them. They assess the potential value of the claim based on factors such as medical expenses, lost wages, pain and suffering, and other damages.

What makes a good personal injury lawyer? - Preparing Damages Witnesses
“Damages" in a court case means money. In a personal injury case, a damages witness is someone who can testify about how the accident has changed you. This will help determine the amount of money the jury awards you. You, of course, will be the most compelling witness for your own personal injury case. Other people who know you well, knew you before the accident, know you after the accident, and know what you have had to go through will also be important witnesses.
Video - How do you know who is at fault for an injury? - The Standard of Negligence
The law uses the standard of negligence to determine if someone is at fault for an injury. If someone is negligent, it means that they acted unreasonably. It means that they acted in a way that a normal, responsible person would not have acted in the same situation. It means, simply, that the negligent person was not being as careful as they should have been.
How Does Personal Injury Protection (PIP) Work in Utah?

Personal Injury Protection (PIP) is a type of auto insurance coverage that is required in Utah. PIP provides coverage for medical expenses and lost wages that result from injuries sustained in a car accident, regardless of who was at fault for the accident.

In Utah, the minimum PIP coverage amount is $3,000 per person, per accident. However, drivers can opt for higher amounts of coverage if they choose.

How long does a personal injury case take?
From the time of the accident, to the time the case settles, the process usually takes many months. Smaller cases, where the injury is not as severe and takes a shorter time to heal, can be resolved within 3-9 months. Larger cases, where the injury is serious and takes a longer time to heal, can last a couple of years. Cases that go to trial can take even longer. In any event, a personal injury attorney should attempt to resolve the case as quickly as possible.
What is uninsured and underinsured motorist coverage?
Uninsured and underinsured motorist coverage are types of auto insurance coverage that protect you financially in case you are involved in an accident with a driver who does not have enough insurance coverage, or no insurance coverage at all.

Uninsured motorist coverage (UM) provides coverage for injuries, damages or losses sustained by you, your passengers, or your vehicle in an accident caused by a driver who doesn't have any insurance.

What types of compensation can I recover?
Personal injury victims are entitled to two categories of damages (money). The first is called "special" damages. This refers to all expenses and costs that can be calculated mathematically. Examples are medical expenses, actual loss of income, mileage to get to appointments, and any other actual loss of money that can be mathematically calculated that would not have occurred but for the injury.
How is Utah personal injury law different from other states?
Utah personal injury law has several unique features that differentiate it from other states. Here are a few key differences:

No-fault auto insurance: Utah is a "no-fault" auto insurance state, which means that drivers are required to carry personal injury protection (PIP) coverage. This coverage pays for medical expenses, lost wages, and other expenses regardless of who was at fault for the accident. In a no-fault state, it can be more difficult to bring a lawsuit against another driver for damages.

What is PIP?

Personal Injury Protection, or PIP, is a type of car insurance that pays for medical expenses and lost wages in the event of an accident, regardless of who is at fault. In Utah, all car insurance policies are required to have at least $10,000 in PIP coverage unless the policy holder (the individual who pays for the insurance) waives it in writing.

If a car accident was my fault, will my insurance pay for my damages?
If you are found to be at fault for a car accident, your insurance policy may cover the damages to the other driver's car and any injuries they sustained, up to the limits of your policy. This is called liability insurance.

However, your own damages may not be covered under your liability insurance. Liability insurance typically covers damages you cause to others, but not damages to you or your vehicle.

If you have “collision coverage” as part of your policy, your insurance may pay for repairs to your own vehicle, but you will be responsible for paying the deductible. Collision coverage is designed to cover damage to your vehicle from a collision, regardless of who is at fault.

What do I do if I am in a car accident? - Get Witness Info
One of my clients was told that the other driver’s insurance company was "unable to assist . . . with this claim.” This was unexpected. The police report made it fairly clear that the other driver was at fault. But people lie. And the at-fault driver changed her story after the fact. Unfortunately, insurance companies usually side with their customer.
What are the different types of auto insurance coverage?
1. Liability insurance: This coverage pays for damages and injuries that you cause to others in an accident. It is typically required by law in most states.

2. Collision insurance: This coverage pays for damages to your own vehicle in the event of a collision, regardless of who is at fault.

3. Comprehensive insurance: This coverage pays for damages to your vehicle that are not caused by a collision, such as theft, vandalism, or natural disasters.

What is a biomechanical failure?
Biomechanical failure refers to the point at which a structure or system within the body, such as a bone, joint, or muscle, is no longer able to withstand the physical stress or load placed upon it, resulting in damage or injury. Biomechanical failure can lead to a range of injuries, such as fractures, sprains, strains, or tears, and can have a significant impact on an individual's ability to perform activities of daily living, work, or participate in sports and recreational activities.
How do car insurance companies determine how much to pay for a car after it has been totaled in an accident?
When a car is totaled in an accident, the insurance company will typically determine the amount it will pay based on the actual cash value (ACV) of the car. The ACV is the fair market value of the car, which takes into account factors such as the car's age, mileage, condition, and any upgrades or modifications made to it. This is different than the replacement value (what it would cost to get a new, similar car) or the amount of money the owner has invested into the car.

The insurance company will usually start by obtaining an estimate of the car's ACV from a third-party source such as Kelley Blue Book or NADA Guides. These sources provide valuation data for different types of cars based on their make, model, year, mileage, and other factors.

What should you do if you are in a car accident?
If you are involved in a car accident, here are some steps that you should take:

Check for injuries: First and foremost, check yourself and your passengers for injuries. If anyone is injured, call for medical help immediately.

Move to safety: If the accident is minor and your car is drivable, move it to the side of the road or a safe place to avoid obstructing traffic. Turn on your hazard lights to alert other drivers.

Video - Can I recover damages if the auto accident was my fault? - Comparative Negligence
If Joe, a fictional character, is negligent, that means that he was not as careful as he should have been. Joe was driving while texting. In other words, he was not being as careful as he should have been. Because of his carelessness, he caused a car accident with Amy. Amy was being careful and was obeying all traffic laws.