Personal Injury Claims & Lawsuits In Utah

Common Types of Personal Injury Claims in Utah

Understanding your legal options after an accident is crucial. Take a closer look at these common personal injury claims & lawsuits in Utah.

Motor Vehicle Accident

Many personal injury cases stem from motor vehicle accidents. You can negotiate with at-fault drivers and/or their insurers and have the option to sue drivers who deny responsibility. Plaintiffs must show that the defendant’s negligence caused their injuries.

Plaintiff success rates at trial are about 64%. Strong evidence can greatly improve your odds of winning. That’s why a good car accident lawyer will thoroughly investigate a crash and its aftermath.

General Injury

Cases that don’t involve car accidents often fall under the “general injury” umbrella. You’ll negotiate with the at-fault party or their insurance. If you can’t recover appropriate compensation, you can sue the at-fault party. Plaintiffs must prove that the defendant caused harm. Trial success rates for plaintiffs are about 50%.

Most personal injury cases are based on negligence. To win at trial, a plaintiff must demonstrate that the defendant’s actions caused their injuries and they have damages to recover as a result.

Workers' Compensation

If you’re having trouble with a workers’ comp claim, a work injury lawyer can help you explore your legal options. Negotiations can happen with your employer or their workers’ comp insurance provider. If the insurer denies your claim, you might file a lawsuit showing that the insurer, or defendant, did so without justification.Workers’ compensation cases in Utah generally don’t go to trial, so trial success rates aren’t available. However, if you disagree with the Utah Labor Commission’s final ruling, you may file an appeal with the Utah Court of Appeals.

Sexual Assault

Unlike personal injury claims that are based on negligence, sexual assault is a crime as well as an intentional tort, or a deliberately harmful act. You can negotiate with perpetrators who are willing to settle, suing those who deny responsibility or offer unfairly low settlements. Plaintiffs must show that the defendant’s actions caused harm.

For intentional torts more generally, the trial success rate for plaintiffs is 52%, although rates aren’t available that are specific to sexual assault. Civil cases have a lower burden of proof, so the perpetrator may be civilly liable even if they were acquitted at a criminal trial.

Dog Bite

Utah’s dog bite laws hold owners liable for bites regardless of whether they knew the dog to be aggressive. You can negotiate with cooperative dog owners and their insurance companies, suing insurers who deny or underpay claims or owners who won’t cooperate. In these cases, the plaintiff must prove that the defendant’s dog caused harm.

Because Utah has a strict liability statute for dog bites, winning a dog bite case tends to be easier than in states with more lenient “one-bite” rules. Trial success rate for plaintiffs is about 75%.

Slip and Fall

If you’re badly injured in a slip and fall incident, your lawyer will likely suggest starting with negotiation. Negotiations happen with the property owner or their insurer, with suits possible against property owners who deny fault. The plaintiff has to show that the defendant’s negligence caused their injuries.

The trial success rate for plaintiffs is about 38%. That may seem like a low percentage, but remember that most cases are resolved long before trial.

Medical Malpractice

Medical malpractice cases are notoriously complex, so if you’re considering legal action, consult a lawyer as soon as you can. You’ll first negotiate with the medical provider or their insurer and can sue medical providers who don’t accept responsibility. Plaintiffs must show that the defendant provided substandard care and caused harm as a result.

Medical malpractice trials have some of the lowest success rates of all for plaintiffs at about 22%. However, most malpractice cases can be settled.

Filing a Personal Injury Claim

If you were injured by someone else, start by contacting a lawyer experienced with personal injury claims & lawsuits in Utah. The right attorney can file a claim and negotiate with the insurance company. About 60 to 70% of injury claims are resolved at this stage.

Typical Personal Injury Settlement Amounts in Utah

Settlement amounts in Utah can vary significantly. Some typical car accident settlements by injury type include:

• Minor Injuries: $5,000 to $25,000
• Moderate Injuries: $25,000 to $75,000
• Severe Injuries: $75,000 to $250,000 or more

Slip and fall cases involving major injuries can often settle for $100,000 or more, and medical malpractice cases have some of the highest settlement amounts. On average, Utah medical malpractice settlements range from $100,000 to $500,000. Cases involving catastrophic injury or death sometimes settle for $1 million or more.

When You Need to File a Lawsuit

In Utah, you have four years to file most injury lawsuits. You may need to file a lawsuit if an insurer refuses to negotiate or if there’s a dispute over fault. Only about 15% to 20% of personal injury claims become lawsuits, and of those, only 3% to 5% go to trial.

Get Matched With a Personal Injury Lawyer in Utah

If you’ve been hurt because of someone else, you need an experienced attorney. ConsumerShield can help you find a vetted one nearby. Fill out our easy contact form today.