5 factors to consider before resolving your personal injury case

Top 5 Things to Consider Before Settling Your Injury Case

/in , , , /by

Top 5 Things to Consider Before Settling Your Injury Case

Anthony McMullin of McMullin Injury Law explains the five most influential factors one should consider before resolving an injury case. If you live in Southern Utah and you have additional questions for our attorneys, give us a call, free of charge, at 435-673-9990.

Top 5 Things to Consider Before Settling Your Personal Injury Case

This article brings up 5 good questions to ask yourself before you take a settlement from an insurance company when you or a loved one has been injured in an accident.  These are questions that you may not have considered as you have made your way through the process of making a claim and dealing with the sometimes complicated process that goes with it.

#1 Have you consulted with an attorney?

It is the norm across the legal field that an initial consultation in a personal injury case is free of charge.  The first visit with an attorney who has been trained to handle accident and injury claims such as yours is not an expense to you.  A personal injury attorney’s job is to help people that were not expecting to be hurt.  They have been injured by no fault of their own.  Because of this,  a personal injury attorney is paid on contingency.  The contingency is that he will be paid if he wins the case.  The risk and potential reward of your case is passed along to your attorney.  In order to assess your case and determine if they can take your case and effectively and realistically help  you, an initial consultation will need to take place.  The attorney will meet with you to help you fully understand your options and also to decide if your case is one that he thinks he can win and help you recover the damages to you, your property and your family.  If the case is frivolous or doesn’t have any merit, the attorney will tell you that.  In order to have a case decided in your favor you will need to have evidence such as medical bills, photographs, statements from witnesses, and expert testimony.  If you don’t have these things and insurance company will not settle with you and a jury will be unlikely to find in your favor.

Also, in most personal injury cases the claimant is limited to compensation for their injuries, loss of income and other considerations by the limits of the policy which is covering the claim.  The insurance is intended to compensate you as close as possible to your pre-accident state, not to allow you to make money to which you are not entitled from the accident. There are generally laws that limit the amount of compensation one can receive.

A meeting with an attorney will provide you with an opportunity to ask questions and make sure that you have covered all the bases and considered all the repercussions of your accident.  This will help you understand fully the process in front of you and what your possible options are.  Why wouldn’t someone take advantage of this free service?

#2 Do you feel like you have been heard?

Ask yourself if you feel that you have been heard.  In your conversations with the insurance adjuster, have you felt like your full story was heard?  Was the impact of your injuries on your life discussed at length with all of the aspects of your life being considered such as the emotional, physical, mental and financial aspects.   Or at the opposite end of that spectrum, do you feel like you are just a claim number and that you are not being valued as a human being.  Ask yourself were you taken seriously and dealt with fairly?

Are you aware that claimants involved in accidents may be eligible for compensation of other expenses beyond their medical treatment expenses?  Reimbursement of lost wages and compensation for pain and suffering are also possibilities depending on the state you reside in and the type of insurance you hold.  Your specific claim would need to be evaluated by someone that understands the law and how it pertains to your case to determine what benefits apply to you.

It is standard practice for insurance companies to make a low offer at the beginning of the negotiation process.  They may even deny any liability right up front.  They begin this way for two reasons.  They are trying to determine how much you understand about your case and your rights and also how impatient you are to settle the case and get the payment owed you.  This is the time for you to do your homework and prepare yourself by understanding the law and how it pertains to your loss.

If you don’t feel like you are being heard or had the opportunity to tell your story, it is probably not time to settle your case.  A lawyer can listen to  your case, evaluate your damages and help you assess what it will take to make you whole and restore what was lost.

#3 Are all of your medical bills being paid?

Have all of the medical bills related to the injury been paid?  Insurance companies are looking for ways to cut cost.  One common practice that we see is insurance companies reducing their expenses by denying payment for medical treatment that they deem as unnecessary or excessive.  They may tell you that your doctor overcharged for a treatment and they will only pay for part of the charge.  The problem with that logic is that it  leaves you responsible for the remainder of the bill when you didn’t even want to have to go to the doctor to begin with. These medical bills are accumulating through no fault of your own.  Because your medical bills were directly and proximately caused by the negative action of another, that person and in turn their insurance should bear the full cost charged by any medical providers to provide you with the medical services that you need.

As soon as you make a claim, the adjuster that works for the insurance company involved begins to work on your case to determine what the lowest payout will be.  However, their ultimate goal is to make you an offer that will suffice and keep them out of court and a lawsuit. The adjuster works for the insurance company, not for you.  Their job is to keep costs down.  The adjuster will consider several factors in determining what their offer will be on your claim.  They will consider actual expenses such as medical bills and other costs pertaining to your injury.  They will also consider loss of wages from work and pain and suffering as well as emotional suffering.

#4 Do you know what your future looks  like?

It is impossible to value an injury, to put a price tag on human pain without fully understanding the complexities and the length of recovery for that injury.  Or in worst case scenario, maybe full recovery is not possible.  For example having your arm hurt for six months might be worth one amount, but living with pain in your arm and the inability to recreate or work or do activities that you normally would with that arm for the rest of your life is a completely different injury and it is worth a completely different amount under that law.    As you move forward with your life after the accident, do you feel that the settlement that you are receiving will be sufficient to compensate you or your loved one for the medical bills that have already accrued and also the medical services that you may still need in the future.

When insurance companies pay a settlement, they are hoping for a discount of an amount that they think you could get from them with a judge or a jury.  It makes sense to give them a discount in order to get the settlement earlier and get that money released and in your pocket so you can get on with your life.  It can be good business for both sides but, it has to start at a place where both parties are at least  looking at the same injury and considering the same lifestyle changes and  implications from the injury.  Accepting a settlement on an injury when you have no idea how long you are going to be hurt and what your future may look like would not be a smart idea.  Because the factors that pertain to each case are unique and individualized and the laws of each state and the limits of each policy differ, coming to a fair settlement amount can be complex.  Besides the nature and extent of the initial injury, additional considerations will need to be made as your claim payoff amount is reached.  How much time was missed at work because of doctor appointments or inability to work?  What emotional duress was caused? Were you disfigured or were familial relationships strained or damaged as a result of the accident?  An injury attorney will be able to help you understand what the implications of all of those factors may be as well as the future costs that may result from your injury.

#5 Do you understand all of the options available to you?

The fifth factor to consider before you settle with the insurance company on your claim is that you understand all of the options that are available to you.  Insurance companies are looking to settle your claim in order to avoid those alternatives.  A settlement is not the only option available to you to fairly settle your case.  If  you do not understand what the alternatives available to you are, then you are not in a good place to  negotiate your injury case. An injury case is not worth some definite amount. It’s worth an amount that you have the legal leverage for.  Understanding your options provides you with that leverage.

Options other than a settlement are a jury trial, a bench trial, arbitration, or mediation.  One could consider moving forward with a trial by jury.  This is where a jury of average people will be assembled to come in and hear both sides of the case and hear all of the evidence and then decide what your injury is worth.  Another option would be a bench trial with a judge.  The judge would hear the facts of the case, consider the evidence and  then make the decision regarding your case.  A third option would be arbitration.  You could file for a jury trial and then choose to agree to go to the binding arbitration.  Actually, in Utah, you can force an insurance company into binding arbitration so long as your case is worth less than $50,000.   Another option would be mediation.  Mediation can be done before filing a lawsuit or often times afterward.  Mediation can be a good opportunity to put both parties in the same room with their attorneys to discuss the likely outcomes of the case and have a full conversation to try to reach resolution.    Sometimes it can be very difficult for two sides that actually see something very differently, to get on the same page and understand one another without meeting face to face and taking the time to fully discuss the problem. These are all options that an experienced personal injury attorney understands and can determine which option would be the best one for you.  You can confer with him/her and decide which option is more likely to produce optimum results for you and your loved ones.

In summary, there are many possibilities that one should consider when dealing with a personal injury case and working with adjusters from insurance companies.  You may be wise to accept an offer from an insurance company but then on the other hand you may regret not getting some advice from an expert to help you make an informed decision on something as important as your future.   There are laws and regulations that pertain to your case that you may not be aware of  and a legal professional can help you understand those laws and consider what your life will be like after sustaining the injuries that you did in your accident.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Utah personal injury attorney explaining 5 ways to mess up your injury case

Top 5 Ways to Mess Up Your Injury Case

/in , , , /by


Top 5 Ways to Mess Up Your Injury Case

McMullin Injury Law explains the five most common ways you can mess up your injury case. There are many pit-falls to be aware of after being hurt in a car accident. Sometimes, what we don’t know, can hurt us. This short video can prevent some of those mistakes. Being injured in any kind of accident can affect your life greatly. If you have further questions about what you should or should not do, you should call a capable attorney for further information.

Top Five ways to Mess Up Your Personal Injury Case

In this article we will be discussing five of the most common ways that a claimant can actually mess up their own personal injury case by simply not understanding the best ways to handle it. By reading this you will be armed with basic knowledge of what not to do when you are involved in an accident whether minor or major.  Consulting with a trained personal injury attorney at the time of an accident will greatly increase your knowledge and provide you with legal support and the peace of mind that someone is on your side and will help you navigate through the maze of statements, claims, paperwork and bills that can follow an accident.  At a time when you are in pain physically and in a stressful situation, this information will prove to be a valuable asset on your side.

#1 Failure to Call the Police 

After an accident, of course the first thing you do is make sure that everyone is alright and out of immediate danger.  The next thing you do is call the police.  Even if you are on private property; for example, a store parking lot.  The police should be called after any accident whether big or small.  Often times if the accident was small and little damage was done and no one appears to be hurt, people will decide not to call the police.  The problem with this is that it leaves the facts of the case wide open. This is a problem because stories can be changed after the fact.  It is essential that the police file a police report and get statements from any witnesses that saw what happened.  People tend to tell the truth at the scene.  They are upset, regretful and usually inclined to do the right thing.  It would be wise for you to also collect the names of people that witnessed what happened.  If the police are not called and a report is not filed, you will have problems later.  No matter how well-meaning or apologetic the other party involved in the accident may be at the scene, facts seem to have a way of changing with time and the realization that they are responsible for the damages that occurred because of their mistake.

It is not unusual for a party to completely change their story from what actually happened or what they confessed to at the accident when they are giving a statement to the insurance company.  If this happens to you, the at-fault insurance company may deny payment to you and even your own insurance company could deny your claim if they don’t believe you.  The last thing you want is for your insurance company to deny your claim because they don’t believe you and then raise your insurance premiums believing that you are at fault.  You can alleviate this problem by insisting that the police are called and getting the names and statements from people who witnessed what happened.  Also by calling the police and having a police report completed, you will be provided with insurance policy numbers and contact information that you will need as you proceed through the claim process. This is step #1 in protecting yourself and your family as well as your property should you be involved in an accident.

#2 Giving a Statement to the At-fault Insurance Company 

You can be sure that the at-fault insurance company will be contacting you as soon as their insured files a claim with them.  They will be friendly and helpful but they will be calling for a statement from you that will help them establish that the accident was not all their insureds fault.  They are good at getting you to say something dumb to them about the accident or injury that may come back to bite you later. They will be trying to prove that you did have a percentage of fault also.  They will be asking you questions that you may even have to guess about because you just are not sure.  Any of your comments can be scrutinized and may be used against you at a later date so be very cautious in your comments.   Be truthful, but certainly don’t guess or estimate anything until you know for sure.  You can say, “I’m not sure, I will have to get back with you on that.”  This is when it is very beneficial to you to consult with an attorney about your rights and the best way for you to proceed.

An example of this type of innocent statement being turned against a claimant happened when the at-fault insurance company interviewed a claimant who was traveling straight through an intersection. He had the right of way when a left-turning vehicle turned in front of him.  The insurance company asked when he noticed the other car.  He replied, “I saw them when the collision occurred, there was no time to stop.”  The insurance company construed that to mean that the claimant was not paying attention and should have noticed the approaching car several seconds before the impact and so therefore was not paying attention.  Of course the claimant noticed the other car a moment before the impact but there was no time to stop.  He was paying attention but did not have sufficient time to react to avoid the impact.

#3  Being a Tough Guy 

Being a tough guy means minimizing your injuries and pain. Most of us do not like to admit that we are hurting.  Most of us tend to tolerate quite a bit of pain before we complain or let the pain alter how we live or interfere with our duties as an employee or responsible family member.  Now is not the time to be a tough guy.  If you have pain, even slight pain, now is the time to say something about it.  Sure, the injury may be minimal and the pain may go away quickly but on the other hand, that may not be the case.  It is better to protect yourself by mentioning the pain right from the beginning.  This way there will be no surprises and no one questioning the validity of the claim or your personal integrity.  If you downplay your injuries at the beginning by saying “you are fine” or “ok” and you don’t see a medical professional at first, the insurance company may not believe that you were really hurt in the accident.  The problem with not speaking up about an injury is that the law says that the cost of you being hurt should be shifted to the party responsible for doing the harm.  If you do not see a doctor and you later make a statement such as “my back hurt for about six months” that claim will be worth zero. The insurance company will not believe you.   Your injury and pain associated with it must be documented by medical professionals with a diagnosis and what was done to aid your recovery or the insurance company looks at it as though the injury never even happened.

#4  Thinking you can’t Afford Medical Treatment 

Many victims of car accidents leave the scene of the accident with pain or injuries and they know they don’t have personal health insurance; therefore, they make the decision to skip seeing a medical professional to fully assess their injuries.  This is actually faulty thinking.  The state of Utah is a no-fault state when it comes to who pays first.  Whether the injured party was at-fault or not at fault, his/her own insurance or PIP coverage will cover their initial medical expenses. This is the first insurance benefit involved in an accident.    This is in place in Utah for this very reason, so that people who need medical attention will get it.  There is a minimum of $3,000 for this coverage on every car insurance policy in Utah.  You have this on your car, unless you are driving illegally without insurance.

However, after this initial $3,000 has been maxed out with the costs of proper medical treatment and if you do not have personal health insurance, you may be left holding the bag of the other medical expenses which may be substantial if your injuries were serious.   In fact, even if you do have health insurance, they may deny any claims until it is proven that your PIP coverage has been used to its maximum limits.  Later, as the investigation of the case unfolds, the insurance of the party that was at fault will cover those expenses, but only at the end of the claim with a one-time payment. So basically, the only way that your initial evaluation of your injuries will not be covered when you are involved in an automobile accident is if you don’t have insurance yourself on your own vehicle, which is against the law.

It is not uncommon for  medical bills to reach the maximum of an insured’s PIP coverage quickly. The person injured may be out of PIP coverage and yet still need medical treatment. The at-fault insurance company is only going to make one payment at the end of the claim so in the meantime; the victim is responsible to pay their own medical expenses.  The care must continue in order to establish that the care was necessary for the full recovery of the injured person.  In this case it is really helpful to have a personal injury attorney that can help you set up an attorney lien.  This is an agreement with your medical professionals that states that when a settlement is reached the medical bills will be paid before the patient will receive any money from the claim.  This will substantially relieve the financial stress and worry and allow the patient to focus on recovery.

#5  Social Media 

This is an area where you need to be very cautious.  In this day and age, everyone posts about everything on social media. Some people go so far as to post about the event of the accident and the details surrounding it.  They may even make statements about what did or did not happen.  They may even bash the involved insurance companies.  Don’t do this.  This can affect your case.  Saying negative things may get the insurance companies frustrated with you and less willing to help you.  Some claimants have even claimed an injury and complained that injuries effect on their everyday lives and then posted pictures of them recreating that shows that they are indeed not injured.  At least it appears to anyone observing, that they are not injured enough to alter their activities.  Juries have been swayed by this very thing when in fact the person in question was still very much in pain but just trying to go on with his/her life.  Also be careful that friends or family members don’t post pictures of you that would make it appear that you are not injured as you claim to be.

Summary:

In review, in the event of an accident, it would be unwise to skip calling the police.  You need that police report filed and you need statements from witnesses that can verify what actually happened.  Be cautious when providing your statement to insurance companies.  Make sure you are truthful but thorough and consult an attorney.  If you are not sure about a question, say so.  Remember now is not the time to be the tough guy.  If you are hurt, even if you feel your injury is minor, report it.  Seek medical attention even if you do not have health insurance.  Your own auto insurance will cover your injuries at least up to $3,000 as long as you are insured in a no-fault state and your policy is in force at the time the accident occurred.  And finally, do not use social media to tell the world about your accident, your injuries, or your claim and be careful about posting your activities if they can possibly prove that you are making a false claim to an injury. For further information call the attorneys at McMullin Injury Law at 435-673-9990.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Top 5 reasons to hire a personal injury attorney

Top 5 Reasons to Hire a Personal Injury Attorney

/in , , , /by

Top 5 Reasons to Hire a Personal Injury Attorney

Top 5 Reasons to Hire a Personal Injury Attorney – This video explains common reasons why it may be in your best interest to hire an attorney if you are injured in an automobile accident. McMullin Injury Law is located in St. George, Utah. We’re in Your Community, and on Your Side.

Top 5 Reasons to Hire a Personal Injury Attorney

This article will help explain the top 5 reasons why hiring a personal injury attorney is a good idea after a car accident. When an individual is involved in an accident they may not only be physically injured but also worried about how to even begin the process of taking care of themselves and handling all of the inconveniences and financial worries that can come with an accident. An accident is just that, an accident. It is something that one is unprepared for. This article will break down the 5 reasons to seek an attorney’s help when you are involved with an accident to make sure you take care of yourself and your family the best way possible.

Reason #1 Avoid the Hassle

The first reason might surprise you because it’s not about the money. The most important reason to hire an attorney is to allow you to focus on you and your loved ones. You need to worry about getting better. Let someone else worry about dealing with all of the other things, the medical records and bills, the insurance companies, and talking with the doctors, and the financials. When you get in a car accident, you may not even know where to begin with all that should be done. You have paperwork and bills stacking up, you have your own insurance company to deal with, the PIP (personal injury protection),the at-fault liability carriers bodily injury policy, and maybe also property damage concerns. All of these parties will be sending you letters, asking you questions that you may not know how to answer. All of this can be extremely confusing and stressful and can take valuable energy away from the work of getting healthy and healing.

An effective way to relieve this pressure is to hire an expert. An experienced, qualified attorney handles this kind of paperwork every day. They have a system to deal with all of it that is streamlined and effective. They can handle it all properly so you can focus on getting better.

Reason #2 Level the Playing Field

People may think that if they hire an attorney they are being aggressive or greedy. The truth is that your insurance company as well as the other guys insurance company, has teams of attorneys working on their side to minimize the effects of the accident and the impact your claim has on their pocket-books. Their job is to pay you as little as possible. From the moment your accident is reported to your insurance company, you can be sure that they will begin their research and investigations to assure that their cost will be minimized. That is their business. You need to level the playing field by having an advocate on your side that is experienced and understands the law to ensure that your rights are maintained and the effects of the accident on you and your lifestyle are considered. You need someone to make sure that the insurance company deals with you in a fair and timely manner.

Oftentimes, no one gets sued, but you need to be aware that you may have only a limited time to sue for your injuries or damages after a crash. It is critical for you to know what those time limits are.  Your attorney will know the statute of limitation laws for filing car accident claims and can help you meet those deadlines.

Reason #3 Avoid Pitfalls

You don’t know what you don’t know when you don’t know it. There are things that come up during the pursuit of a case that will trap you or that will allow the insurance company to ding you and not fairly compensate you for an injury or even for the repair or value of a car or property that is damaged after a car accident. These are things that you just may not be aware of because you have never dealt with a situation like this before. There are many pitfalls when you are pursuing a personal injury claim. There are many ways that you could get into trouble, a lot of ways that you could make a mistake that could cost you money that you need to recover fully or restore what should be restored. The insurance company will use a mistake that you make against you in order to minimize the value of your claim. For example, you may use the phrase, “Oh, I’m ok.” When in your mind you mean, “Well, I hurt, but I mean I’m not dead, I’m going to be fine.” The insurance company takes that statement to mean that you  you are ok and therefore uninjured in any way. Later, when you have to deal with medical bills from your injury, they will deny the bills and claim that you must have been hurt doing something else.

An insurance company may also dispute the fact that their client was at fault. In this situation, they are basically saying that you don’t have enough proof to show that their client is responsible for your expenses. An accident attorney will assist you in providing the proof to show that the other party was indeed at fault. It can be complex to prove the liability of the other party involved. Even if there were witnesses and a police report that states the other party was at fault, even when a citation was given, it can sometimes prove difficult to show that they were negligent. With so many elements involved in a personal injury case, it would be wise to have someone on your team that understands the law and can provide references to previous cases and citations from other sources of the law that will support your position.

When deciding if you need an attorney, you need to consider the severity of the injuries you or your family member sustained as well as the damage to your property. Ask yourself how long it will take to recover, how much time off of work will your recovery cost you  as well as the long term repercussions of your injuries.

Reason #4 Get Compensated Fairly

Now we talk about the money. Statistically, an attorney is going to get you more money in your case than you will be awarded should you handle your claim on your own. Obviously, the smaller the case, the less an attorney will be able to help with. But the bigger the case, the more an attorney will be able to assist you in collecting more money. Compensation means money. It’s called “damages” in legal terms. What that means is the insurance company for the at-fault driver, owes you an amount of money that makes you whole under the law. In order to get you compensated fairly, we have to be able to explain and show and prove through written documentation, why your case is worth what it is worth, both with special damages and general damages. When you don’t understand all of the various things that entitle you to compensation under the law, there is just no way for you to get compensated fairly. And again, an attorney is not looking to get you a compensation amount that is crazy, or above and beyond or frivolous. What we look to get you is the full amount that is fair and reasonable under the parameters of Utah law.

As mentioned above, when you ask yourself how long will recovery take, an attorney will be able to help you come to a realistic answer to this question. His expertise in this area will aide you in making an informed decision. If you have sustained a long-term injury, one that last a year or longer, your physical therapy, time away from work, medical expenses, etc. will continue to mount up. The financial loss in an injury like this can be devastating if the proper steps were not taken to protect you and your ability to recover. You may even have an injury that disables you for life, in this situation you definitely need a legal professional on your side. In this case, a personal injury attorney will consult with each medical professional involved in your care to assess what your medical care and recovery will entail and what projected expenses for that care will be.

Reason #5 Why have insurance if you can’t use it?

People might hesitate to make a claim because they think that would be greedy or that it may drive their insurance premiums up. Insurance premiums are assessed based on future risk and future risk is based on fault. If you are at fault, it is possible that your insurance rate will go up. If you are not at fault, it is highly unlikely that your insurance company will raise your premium going forward because it was not your fault. The risk of you being in an accident in the future has not gone up. They will continue to charge you the same premium that you have been paying.

So why have insurance if you can’t use it? Why continue to pay premiums every single month when even when facts arise to where you have a valid claim under your policy that you have been paying for, that you’re not even going to make that claim?  If that’s the case, why have insurance at all. It is a pretty profitable deal for insurance companies if you are the type of person that they can just charge every month indefinitely, for your entire life and no matter what happens, even if the terms of this policy, this contract that you pay for with them is triggered by some car accident or something else happening and they know that you are not even going to make a claim. That is a pretty imbalanced equation for them. That would make anyone want to start an insurance company, because why not right? If people are willing to pay every month for a service that they will never use, literally paying for the insurance company to do nothing for them. That is a pretty lucrative business model.

You need to be able to get yourself better and make yourself whole. You have insurance for this very reason.  A dependable personal injury attorney can mean the difference between a fair outcome for you and your loved ones or more stress that only compounds your worries and health concerns. Time is of the essence in many cases involving injuries.  The insurance companies may interpret your silence or the length of the time it takes you to see a medical professional  or to seek legal counsel as a sign that you were not in pain or not initially hurt in the accident.  At least consult an attorney that has experience and legal knowledge that will help you determine the best course of action that will lead to the fairest outcome for you and your family.  Remember the collision itself is not the only danger of a car accident.  The legal ramifications and the financial cost to you and possibly your family may not end with the car repairs and a visit to a medical professional.

Seeking good legal counsel will help you to understand what other dangers may come up in a case such as yours.  Consulting with an attorney about your case will allow you to ask questions and get reliable answers that can help guide the crucial decisions that you will need to make.  Your attorney can help you decide if you have a viable case and determine what rights you have.  At this point, it may be determined that you do not have a case, if this happens, you will have saved yourself a lot of stress, time, and money by taking the time to let a professional help you determine that.

So to sum up, there are many good reasons to consult an attorney when you or a family member is involved in a car accident.  You need a professional to answer your important questions and guide you through the process of making a claim when injuries have occurred.  This information will allow you to make important, timely decisions that will impact you and your family. For more free information, call McMullin Injury Law at 435-673-9990.

McMullin Injury Law is in Southern Utah and we are here to help. Give us a call at 435-673-9990. Our primary focus is helping car accident victims in St. George and Cedar City, Utah.

This article and others on this site do not constitute a legal opinion or advice. Interactions on this website do not create an attorney-client relationship and do not serve as a replacement for consulting with an attorney. McMullin Injury Law expressly disclaims all liability relating to actions taken based on contents of this site. This article is for general education purposes, if you are seeking legal advice, contact an attorney. 

Utah Work Comp Law – Statute of Limitations

/in /by

Utah Work Comp Law – Statute of Limitations


Sometimes, timing is everything. In many areas of the law, if a case is not filed within a given time period, the case is mute. The laws that kill cases after a certain time period are called statutes of limitation. Many injured workers wonder how long they have to make a claim before their claim is precluded. It can get a bit tricky with Utah Work Comp Law, but the following is a basic breakdown that should be helpful:

DEADLINES TO KEEP IN MIND:

  • Reporting the Injury: You must report your work-related injury or illness to your employer within 180 days (Approximately 6 months) or you may be entirely disqualified from receiving workers compensation benefits. As a practical matter, you really should report your injury as soon as possible. When injuries are not reported the same day that they happen, insurance companies start looking for other potential causes of your injury. Their logic is, “if you were hurt, you would tell someone right away.” When people get hurt at work and they try to tough it out, problems arise. Many cases are made difficult because employees don’t bother to tell their employer about their injury until weeks later. Once you report the injury to your employer, the ball is then somewhat in their court to take a few actions. Always report your injury both verbally and in writing. A good way to do it would be to approach your boss and let them know, then send them a quick email as a follow-up. After that, your employer has 7 days to report your claim to the insurance carrier. The employer or the insurance carrier should then tell you where you can seek initial medical treatment. The report from the employer to the insurance carrier is called a “First Report of Injury.” The doctor will fill out a report for the insurance company as well. It’s called a “Physicians Initial Report of Injury.” You have a right to receive a copy of both of these documents, that way, you know what is being said about your case.
  • Submitting Bills: You must submit any medical bill incurred because of your work injury to your work comp insurance carrier within 1 year of the date of service. Your work comp insurance carrier will often see your medical bills before you do, but it’s your responsibility to make sure they get paid. It is also important to remember that unless you are a perm total case, your meds might be cut off if you go any continuous period of three years or more without receiving any medical care related to the injury.
  • Application for Hearing: When you have a genuine dispute about how much compensation you are owed, whether it is Temporary Total Disability, Temporary Partial Disability, Permanent Partial Disability, or Permanent Total Disability, you must file an application for a hearing with the labor commission within six (6) years from the date of the injury. It is important to note, however, that you may not have to meet your burden of proof right away. You must be able to meet your burden of proof on the issue within twelve (12) years of the date of the initial injury.
  • Other Deadlines: Other, less common deadlines include reimbursement for travel expenses and death benefits. Death claims must be filed within one (1) year of the employee’s death. Travel expenses also must be submitted for reimbursement within one (1) year. Insurance carriers will often make you travel some distance to have medical evaluations done. They will typically pre-pay expenses if asked, but either way, be sure to submit your receipts within a year.

Hopefully this breakdown is helpful. As you can see, an injured worker does have a great deal of time to file with the labor commission. Six years is typically enough time to think over one’s options and decide the best course. If you or a loved one has been hurt at work in Utah, reach out to an experienced Utah Workers Compensation Attorney for help. An initial consultation might be free, and sometimes just understanding your options better can allow you to choose the right course. Statutes of Limitation are construed strictly in Utah and not getting things done in a timely manner can kill your case.

Duties After Car Crash

/in , , , /by

Duties After Car Crash

Property Damage Only

A driver involved in an accident that results in damage to property or to another vehicle must stop immediately at the scene of the accident. Once the driver has stopped, he is responsible to provide his name, address, insurance information, and vehicle registration number. If the damage to property is estimated by the drivers to be greater than $1000, local law enforcement must be notified with both drivers present.

Accidents with Unattended Property

If a driver is involved in an accident with an unattended vehicle or object, it is the drivers responsibility to find and communicate with the owner about the accident. If this isn’t possible, it is permissible to leave a written notice on the vehicle or site, listing the drivers name, address, insurance information, and vehicle registration number.

Accidents Involving Injuries or Death

A driver involved in an accident that results in injuries or death must stop his vehicle immediately at the scene. The driver must provide his name, address, insurance information, and vehicle registration number to the injured party or to the attending police officer.

All accidents resulting in injury or death, or totaling property damage greater than $1000 must be reported to the Department of Transportation within ten days of the accident.

Emergency Vehicles

The following are emergency vehicles as described in the statute: ambulances, police vehicles, fire trucks, and other vehicles as designated by the Department of Public Safety.

Privileges

A driver of an emergency vehicle has the following privileges when responding to an emergency:

  • Park the vehicle where necessary regardless of the traffic code
  • Travel past a red stop light or stop sign after slowing down for safety through the intersection
  • Travel at speeds greater than the speed limit posted
  • Disregard rules regarding traffic moving or turning in a specified direction

Proper use of Visual Warning

The purpose of visual warning signals on emergency vehicles is to warn other drivers and the public in general, not to give the emergency vehicles legal immunity.  Therefore, adequate visible warning must be given and taken into account in the case of any accident with an emergency vehicle.

Duties of Emergency Vehicle Operators to Other Vehicles

Even while responding to an emergency situation, the driver of an emergency vehicle must use reasonable care for safety in the existing circumstances. The requirement for the regard for safety of the public is not satisfied by simply using visual and audible warning signals. In addition, a drivers right to drive at exceeding speed depends on the condition of the patient in the emergency.

Duties of Other Drivers to Emergency Vehicles

If an emergency vehicle is approaching while using audible or visible warning signals, other vehicles on the road must yield the right-of-way to the emergency vehicle immediately.  Drivers should move to the right-hand edge of the road until the emergency vehicle has passed.

Duty of Drivers with Respect to Tow Trucks

If a tow truck is approaching or stationary while using flashing amber lights, a driver must slow down and allow as much space as possible and practical to the tow truck.