While it's somewhat common (and understandable) to hear people complain about the areas of their lives that insurance doesn't cover, there's actually a flip side to this as well. There are a number of injury types that you may not have ever thought would be covered by insurance, but actually are - including several common injury types that often result in personal injury claims.
At William Rawlings & Associates, we have decades of experience dealing with insurance companies as we strive for just compensation for our personal injury clients around Salt Lake City, Draper, Provo and other parts of Utah. While many of our cases are in more well-known areas like car accidents or child injuries, we also help with lesser-known case types like passenger claims, malpractice suits and more. Whether it's your insurance or the insurance of a different liable party that's providing the compensation, here are several examples of surprising injury types you may not have realized are often covered by insurance.
As we alluded to above, a great example here is passenger claims. What happens if you're not the driver in a car accident, but rather are just an innocent passenger – perhaps even with no control over the vehicle at all?
In these cases, insurance companies will often provide coverage for personal injuries that occur to passengers, as long as they were not behaving negligently themselves. In cases where it's determined that a separate party in a different vehicle caused the accident, they may be responsible for your compensation via their insurance even if you were a passenger in a car that wasn't theirs.
Many people don't realize this, but dog bites are actually covered by homeowner's insurance in most cases. This includes both incidents that occur on the owner's property and those where the dog is taken off-site, such as to a park. Dog bite claims often include not just physical injuries, but also property damage or trauma compensation as well.
Once again, it's important to note that in some cases, the owner's insurance may not cover bites if they occur due to negligence or intentional harm. But more often than not, dog bite claims are eligible for compensation from insurance providers.
There are a few parties that may be considered at fault for injuries that occur due to a defective product: The manufacturer, the distributor or the seller of the product. In many cases, these parties will have some form of insurance coverage that can provide compensation for any resulting personal injuries.
This is especially important to note if you've been injured by a defective product and are considering filing a lawsuit – even if it's not clear at first who the liable party is, it's often possible to receive compensation from some form of insurance coverage. Make sure to discuss this with your personal injury attorney as you consider your options for seeking compensation.
Another common area where people may not realize insurance is often involved: Medical malpractice. In many states, doctors and medical professionals are required to carry malpractice insurance as a form of financial protection for those who may be injured in their care.
This means that if you suffer an injury or illness due to negligence or error by your doctor, you may be eligible for compensation from their insurance company. This also includes professionals like dentists, therapists, and nurses.
Depending on the circumstances, injuries that occur due to slip and fall accidents may also be covered by insurance. For example, if a business owner is found negligent in maintaining safe conditions on their property and you suffer an injury as a result, their liability insurance may cover your medical expenses or other damages.
While we've spent most of this blog going over injuries that are often covered by insurance in some way, here are some examples of those on the flip side - that will almost never be covered:
It's important to understand the extent of insurance coverage when it comes to personal injury claims. While there are many common injury types that are often covered, there are also several that typically are not.
At the offices of William Rawlings & Associates, we are dedicated to helping our clients receive the compensation they deserve for their personal injuries. Our experienced team is well-versed in dealing with insurance companies and will work tirelessly to fight for your rights and just compensation. If you or a loved one has suffered a personal injury around SLC, Draper, Provo or any other part of Utah, contact us today for a free consultation.
There are several kinds of compensation that you may be eligible for if you've been injured in a car accident through the fault of another party, and some of these are more nuanced than others. A good example here is the realm of "pain and suffering" damages, which are possible in a number of different personal injury cases, vehicle accidents often chief among them.
At the offices of William Rawlings & Associates, we offer experienced attorney services for car accidents, truck accidents and any other vehicle accident around Salt Lake City, Provo, Draper and other parts of Utah. Let's look at what pain and suffering damages are, some methods by which they may be calculated, and some of the ways plaintiffs can go about proving their claims for these sorts of damages.
In most car accident cases, and even within many other types of personal injury cases, there are two different types of damages that may be available to the plaintiff: economic and non-economic.
Economic damages refer directly to things like medical bills or repair expenses, as these can be easily calculated by looking at invoices and receipts. Non-economic damages, on the other hand, are more subjective in nature.
"Pain and suffering" damages are an example of the latter, as it's hard to put a dollar value on the victim's physical and emotional distress.
There are several ways that pain and suffering damages may be classified, including:
Because pain and suffering damages are nuanced by nature, their calculation methods can be as well. There are two primary such methods generally used:
Per diem method: The more common method today is the per diem method, which involves assessing a set daily rate for pain and suffering damages. This daily rate is calculated by estimating the amount of money the plaintiff is losing daily due to the effects of the accident - some of this may be determined by the plaintiff's income, though other factors can be present as well.
Multiplier method: In this method, plaintiffs determine their economic damages first - and then multiply this by a given number for additional pain and suffering damages. This multiplier will often be three, but can also be different numbers. However, insurers today are becoming more and more reluctant to accept this model, and the per diem model is more often used.
Finally, it's important for plaintiffs to be able to prove that any pain and suffering damages they are claiming are legitimate. There are several ways they can do so, most involving documentation:
At William Rawlings & Associates, our experienced attorneys are well-versed in all types of damages related to car accidents, and can help you secure the compensation you need for your recovery. Contact us today for more information on any of our services around SLC, Draper, Provo and other parts of Utah.
There are a number of common causes of car accidents out there, and sadly one of the most well-known is the accident caused by a drunk driver. If you've been hit by someone who you believe to be a drunk driver, you may be eligible for significant damages and compensation for injuries or other issues - and knowing what to do in the immediate aftermath is important here.
At the offices of William Rawlings & Associates, we're here to provide clients around Salt Lake City, Draper, Provo and other parts of Utah with any car accident attorney service they require, including for cases where a drunk driver is believed to be involved. Here are some of the things to be doing and thinking about in the immediate aftermath of such an accident.
No matter what, the first and most important thing to do is to call for medical attention, and make sure that anyone involved in the accident has professional care and treatment if they need it. This can help ensure that any injuries are properly dealt with, and also provides evidence of what occurred at the scene of the accident.
Furthermore, this is just a matter of basic priorities. While we know that legal issues are important, making sure that everyone on the scene is safe and healthy should always be the first priority in any situation.
In addition to medical care, it's also important to call police officials at the scene of the accident as soon as possible. They can help document what transpired, provide statements and evidence for later use, and testify on what they saw at the scene of the accident. This is important for building a case in court, as well as helping to ensure that any criminal activity (such as the drunk driving) is addressed accordingly.
When police arrive, they will almost certainly give the driver a Breathalyzer test to determine whether they are driving under the influence of alcohol. This is important evidence that can be used in court if necessary and make sure that the drunk driver is held responsible for their actions.
Once important areas like medical attention and police presence have been taken care of, it's also important to make sure that any evidence or documentation at the scene is captured and collected. This may include damages to either vehicle in the accident, statements from witnesses, video footage, photos of skid marks or other debris at the scene - anything that could help prove what happened.
In some cases, there may even be evidence of the drinking prior to the accident, such as empty bottles or cans found inside either car. This is important for proving negligence, and should also be taken into consideration when considering legal action.
When dealing with a car accident potentially caused by a drunk driver, it's important to remember that you have rights and legal options to pursue. In such cases, contacting an attorney can be beneficial in ensuring your rights are protected and that any necessary action is taken against the responsible party.
An attorney will serve several important roles in such cases, including helping to ensure that any evidence and documentation is properly dealt with, addressing insurance companies or other legal entities as necessary, and working to get the compensation you deserve for any injury or damages.
One element that your attorney may discuss with you, depending on the circumstances and what happened, is the issue of fault. In some cases, the accident may not be completely caused by the drunk driver - for instance, if you were distracted at the time or driving recklessly yourself. In such cases, it's important to note that you may not necessarily be entitled to all of the compensation available - as those responsible for any portion of the accident will likely split any costs and damages accordingly.
This is a nuanced area that will vary depending on the case, which is why it's important to consult with a qualified car accident lawyer who can provide personalized advice and support.
At William Rawlings & Associates, we proudly offer clients around Salt Lake City, Draper, Provo and other parts of Utah the representation they need for any kind of car accident situation - including ones involving drunk drivers. If you would like to learn more about how we can help, contact us today.
In part one of this two-part series on depositions in car accident liability cases, we looked at some of the ways plaintiffs can prepare for these important sessions and what to think about during them. Plaintiff performance during a deposition can often be very important for the case at hand, and ensuring you're up-to-speed on all relevant details is important.
At the offices of William Rawlings & Associates, we're happy to offer quality car accident attorneys for clients around Draper, Salt Lake City, Provo and nearby areas of Utah. Today's part two of our series will shift gears a little and look at the important next steps that come after you've finished giving deposition testimony, plus what you and your attorney will be thinking about moving forward.
Every deposition will feature the presence of a court reporter, who will transcribe the entire session and create a court-admissible transcript. They will usually do so via use of a stenotype—a device not unlike a typewriter that uses an alphabet of phonetic symbols to capture speech. The transcript generated from this will be the official record of all that you said in the deposition, and it can be used later on if needed for testimony or other legal purposes.
Once the transcript has been created, attorneys from both parties will look over it and make sure that there are no errors or inconsistencies. This process ensures that the transcript is accurate, so that when and if it's used later on there won't be any confusion.
Once this has happened, the transcript moves one step closer to being legally admissible.
Depending on several factors, including the severity of your injuries, the court may require you to submit to a medical exam. This is important for several reasons - first, it will provide additional evidence as to the nature and extent of your injuries, which can be helpful in assessing damages. Second, if your injury requires ongoing care and treatment, this will help establish that continuing care is necessary.
Now, how this care is acquired is very important to think about. If you go through your insurance company, for instance, remember that this entity may be biased - they are looking out for their own interests and may not always be looking to provide the most beneficial care. As a result, it may be better to request independent medical exams from third-party providers who can provide an unbiased assessment.
Your attorney will be able to help you navigate this process and ensure that all necessary documents are filed properly so that your case can move forward.
In some cases, such as if medical examination reveals that your injuries may have been caused by a third party, you may need to give additional depositions. Your attorney will be able to advise on whether this is necessary and how best to proceed.
Once both parties have agreed that no further depositions are necessary, the next step in the process will be for them to attempt to reach a settlement through mediation. This is a voluntary process in which both parties meet with an independent mediator who works towards finding an agreement that is mutually beneficial.
The goal of mediation is to avoid going to court and having your case decided by a jury. It's an opportunity for both parties to discuss the details of their respective cases and negotiate in a way that both sides may be satisfied with. Your attorney can provide you with guidance on how best to prepare for this important step.
Most car accident injury cases are able to be settled during mediation, however if an agreement can not be reached, then the case will proceed to trial. Your attorney will have advised you from the beginning of the process about what kind of settlement they believe to be fair and reasonable, and they will also be able to advise you on whether or not the offer proposed in mediation is appropriate for your case.
In any case where a settlement cannot be reached during mediation, the case will proceed to trial and a jury will decide who is liable for the accident. At this point, all of the evidence collected and testimony given during depositions will be used to help prove your case. It is important that you have prepared thoroughly and presented yourself well in any deposition or medical examination prior to trial, as this evidence will be used to support or refute your claims.
Your attorney will provide you with advice and guidance throughout the trial process, and help ensure that your best interests are being served. They will also be able to advise you on when it may be appropriate to accept a settlement offered by the other party, and when to continue fighting in court.
Depending on the outcome of the trial, either party may wish to appeal if they are not satisfied with the verdict. This process is often complicated and costly, so it is important to discuss all your options with your attorney before deciding whether or not to proceed.
At the offices of William Rawlings & Associates, we have extensive experience in handling car accident injury cases and can help guide you through the entire process. Contact us today to learn more about how we can help you with your case in Draper, SLC, Provo or any other part of Utah.
There are a few parts of the proceedings in a given car accident liability case where the plaintiff will be directly involved, and one of the most notable in some such cases is a deposition. A deposition refers to an out-of-court setting where sworn testimony is given with the purpose of being used later in court during discovery, and plaintiffs who are testifying during discovery need to know a few things.
At the offices of William Rawlings & Associates, we're here to offer the very best car accident attorney services you'll find in Draper, Salt Lake City, Provo and nearby parts of Utah. We assist clients with every part of their case here, including any depositions that are required and the preparation you need for them. This two-part blog series on car accident depositions will begin by going over some basic plaintiff preparations and expectations for a deposition, while part two will look at the important steps that take place after your deposition is finished.
During the days and weeks leading up to your deposition, it’s essential that you take the time to become well-prepared for it. This will mean learning all of the details of your case and understanding exactly what points are most relevant to the proceedings. You should also familiarize yourself with those who may be present in the room during the deposition, such as attorneys from both sides.
Speaking of attorneys, this is one area that highlights the immense value of working with a qualified car accident attorney throughout your case. An experienced car accident attorney can show you exactly how you should be preparing for your deposition - they can even do things like ask sample questions, review details of your case and answer any questions you have about the deposition process.
In virtually every car accident deposition, the goal of the defense attorney(s) will be the same in nature: To lock the plaintiff into a restrictive "version" of their story that can cast doubt on their case in court. This is why it’s essential to always be focused on the truth and avoid exaggerating or changing your story while under oath - no matter how much pressure is coming from the defense attorneys.
For many, this goes back to strong preparation and having a car accident attorney who can assist in such preparations. From there, remaining calm and composed during the deposition is always an important factor - being aware that the defense attorneys may be trying to bait you into saying something which could reflect poorly on your case is essential.
Down these lines, it's generally good to avoid getting too wordy or speaking too much during your deposition. While you should always provide complete and honest answers to questions, saying more than necessary can often lead to a complicated or confusing answer - something which can easily be used against you in court by the defense attorneys.
If you're unsure of whether you should speak up about a given topic, it's usually best to wait and consult with your car accident attorney first. As mentioned, having an experienced car accident lawyer to assist during the deposition is an invaluable resource that can provide valuable guidance throughout the entire process.
One common mistake that some car accident plaintiffs make during their depositions is forgetting that non-verbal communication such as facial expressions, body language and other reactions are still recorded. Even if you don't say anything while under oath, the defense attorneys may use your non-verbal response to a question as evidence against you in court.
For this reason, it's important to always remain as neutral and composed as possible - even when you’re being asked a difficult or uncomfortable question. Doing this will provide the greatest opportunity for success in your case, while also ensuring that the defense won't have any evidence to use against you from your deposition.
As we noted above, the defense attorneys may very well try to “fish” for answers that can cast doubt on your case - such as asking you something that has nothing to do with the accident itself, but instead gets at other unrelated areas of your personal life.
Although it's important to answer all questions truthfully and accurately during deposition, it’s also wise to keep your answers focused on the accident itself - and just let your car accident attorney handle any questions that are out of bounds. Doing so can help you avoid getting tripped up on unrelated topics and keep the deposition as straightforward for you as possible.
With this information in mind, those who have been injured in a car accident should be better prepared to handle the deposition process. Ultimately, having a car accident attorney to assist with your case is – as always - the best way to ensure that you’re well-prepared for all aspects of the liability proceedings.
At the offices of William Rawlings & Associates, our experienced car accident lawyers are here to help you through the entire process - from filing for damages all the way to deposition preparation. Contact us today to learn more about how we can assist with your case, whether you're located in SLC, Draper, Provo or any other part of Utah.
There are a few terms or descriptors that will often be found in liability cases involving auto accidents, and one of the most well-known here is "reckless driving." A party engaged in reckless driving is much more likely to be found liable in a given car accident than one who is not, and knowing how to define reckless driving in these settings is one important piece of navigating these cases.
At the offices of William Rawlings & Associates, we provide the most trusted car accident attorney services you'll find in Salt Lake City, Draper, Provo and nearby areas of Utah. We assist our clients with every part of the process in helping them obtain their due compensation if they were injured by the fault of another party in an auto accident, and reckless driving is a common topic discussed in these cases. Here are some of the key behaviors that tend to qualify as reckless driving, from those you were likely aware of to a few you may not have considered entirely - but which could be impactful in your case.
One of the more well-known and obvious connections between a car accident and reckless driving is the involvement of alcohol, drugs or any other intoxicating substance. If another party involved in an accident was impaired while driving, they are much more likely to be found liable than if they had been sober while on the roads.
Even if DUI charges are not pursued by law enforcement, their documented intoxication can still play a role in the legal proceedings of a given case.
Another relatively well-known form of reckless driving that's pretty constant across borders and regions is excessive speeding. Driving over a certain speed limit, typically significantly over it, can be considered a case of reckless driving that could have an impact on the results of the legal proceedings.
And in liability cases, it's not even necessary to prove that the offender was actually driving over the speed limit – simply having evidence of their intent to do so can be enough.
While these situations are somewhat rarer, they are still considered reckless and can lead to serious consequences when a car accident is involved. Drivers who make the mistake of driving in the wrong direction on a one-way street or highway are much more likely to be found liable by a judge or jury than if they had been driving just under the speed limit and following all other traffic signs.
In many cases, this sort of behavior is accompanied by some kind of driving under the influence or other forms of negligence, making it even easier for victims to make the case for reckless driving.
There are several forms of distracted driving that may qualify as reckless driving, including:
Now, some of these forms of distraction can be pretty nuanced in resulting liability cases - mainly because proving that the other party was actually doing it can be difficult. However, if there is evidence or proof of negligence regarding any type of distracted driving, the odds of a judge or jury finding recklessness increase substantially.
Another form of reckless driving that may not be as well-known but can still lead to substantial legal consequences is running any barricade or related area, such as roadblocks, stop signs or traffic lights.
Any of these violations can be considered reckless driving, and the other party involved in an accident may be found liable if evidence shows that they had done so.
Finally, swerving behavior - such as weaving in and out of lanes - is also considered reckless driving. If the other party has been found to have done this, it may lead to a liability case in which recklessness was involved.
Ultimately, understanding the many types of reckless driving can be key to navigating liability cases in the event of auto accidents. Being familiar with these terms and behaviors will help ensure that you or your attorney are prepared to make a case for recklessness in court - if necessary.
At the offices of William Rawlings & Associates, we are well-versed in the legal implications of recklessness and auto accidents. Our experienced attorneys can help you determine whether reckless driving was involved in your case and how best to proceed with any related liability proceedings. Feel free to contact us today for more information or a consultation about any personal injury case in SLC, Draper, Provo or other parts of Utah.
There are certain areas of our lives where many people prefer to take a "do it yourself" approach, saving themselves money and sometimes hassle in the process. However, there are also certain situations where this DIY approach is not recommended whatsoever, and one great example is if you've been in a car accident and are looking to file a liability claim against another party to receive compensation for injuries you sustained.
This is one situation where you should virtually always be retaining the assistance of a quality personal injury attorney, and our team at the offices of William Rawlings & Associates is here to help. We offer quality attorney services for any kind of car accident you're involved in within Salt Lake City, Draper, Provo and other parts of Utah, and we've helped numerous clients receive the compensation they deserve. Here are some of the major risks you're taking if you attempt to resolve a car accident liability claim without the help of an attorney, plus why we strongly recommend against this approach if you want to get maximum compensation without hassle.
First and foremost, it's important to realize that the process for filing a claim and obtaining compensation for a car accident is not as simple or straightforward as it looks. The process can involve quite a bit of paperwork and leg work, plus there are laws that must be followed and specific pieces of evidence and information you need to provide in order to get your claim approved.
Failing to follow the law, present all necessary documentation, or provide accurate information can have serious consequences that directly impact your ability to receive the compensation you deserve. In many cases, it's just too easy to make an accidental mistake that could be used against you in a liability case and end up costing you dearly.
In other cases, without the assistance of a knowledgeable attorney, you might make decisions and sign documents that directly impact your rights to compensation. We've seen far too many cases where people have accepted settlements or signed agreements with various parties before having a qualified legal professional review the information.
The unfortunate truth is that in some cases this led to situations where clients gave up certain rights of theirs without realizing it and ended up with far less than what they should have obtained. This is why oftentimes having a qualified attorney review the situation, documents and details pertaining to your case is essential.
There might be several forms of evidence that could be used to help support your case, but it's important that you have the experience and knowledge of a quality attorney by your side if you want to make sure all evidence is found, gathered and presented. If any critical pieces of evidence are missed, then this can severely jeopardize your claim or even negate it altogether.
For instance, you might not be aware of certain witnesses who could provide testimony that would be valuable to your case, or certain pieces of evidence that were overlooked. A quality attorney such as those at the offices of William Rawlings & Associates can ensure that all necessary steps and procedures are taken in order to identify and present all available evidence.
Remember, the goal of insurance companies during a liability claim is to pay out as little money as possible. This can sometimes include tactics on their part intended to convince you that a settlement for far less than what you deserve is your best option.
With the help of an experienced attorney, however, you can be sure that any settlement offer or agreement presented by another party is a fair one that won't leave you short-changed.
At William Rawlings & Associates, we understand the complexities involved in filing and pursuing a liability claim for a car accident, which is why we're committed to helping our clients receive the maximum compensation they deserve. If you or someone you know has been in a car accident or any other form of personal injury situation in SLC, Draper, Provo or any other part of Utah, we encourage you to contact us for legal assistance and peace of mind.
There are a few kinds of injuries that tend to be more common than others in public settings, and one of these is the slip and fall injury. A variety of issues can cause people to slip on certain surfaces, and a number of different specific injuries may be sustained by those who are the victims of such accidents.
At the offices of William Rawlings & Associates, we provide detailed personal injury attorney services to clients around Provo, Salt Lake City and nearby areas of Utah. We cover every injury type you could think of, including car accident injuries, child injuries, trampoline park injuries and more. Here are some of the most common injuries we see from clients in slip and fall cases, plus how they may play into your liability claim if you believe your injuries were caused by negligence or similar issues on the part of another party.
Some of the most common types of slip and fall injuries are soft tissue injuries such as muscle sprains or strains. These usually involve a tearing or stretching of the tendons, ligaments, muscles, or other related tissues after sudden tension is applied to them. Soft tissue injuries can be particularly painful and may take longer to heal than many other kinds of injuries.
Soft tissue injuries can also include fall injury symptoms like swelling, bruising, or pain. If you are experiencing any of these symptoms, it’s important to see a medical professional as soon as possible for diagnosis and treatment.
Particularly in areas like the wrists or ankles, which people sometimes use to try and support themselves as they're falling or to break the fall, sprains are another common injury. Usually a sprain occurs when a ligament is stretched or torn beyond its normal range of motion. Sprains can be quite painful and, depending on their severity, may require physical therapy or other treatment in order to make sure they heal properly.
More serious slip and fall injuries involve broken bones or fractures. Broken bones are usually caused by a large force applied to one area of the body, such as when someone falls from a great height or lands awkwardly. Fractures can be particularly painful and may take months or even longer to heal properly.
Some of the most common here are hip fractures, spine fractures, and wrist fractures. Depending on the severity of the fracture, surgery may be necessary to ensure it heals properly and that additional pain is minimized.
Another common slip and fall injury is knee damage. This includes things like ACL tears, meniscus tears, or general ligament sprains in the knee. These can be particularly problematic for those who are physically active, as it may take quite a bit of time for them to fully heal and regain their agility.
In some cases, physical therapy may be recommended to help strengthen the muscles around the knee and increase flexibility. If this is the case, it's possible the costs of physical therapy could be included in your eventual settlement or judgement if you've filed a personal injury claim.
Usually in areas like the shoulder or finger, dislocations may also be a possible outcome of a slip and fall incident. A dislocation occurs when two bones are forcibly separated, causing extreme pain and swelling. Depending on the severity of the injury, medical professionals may need to realign the bone in order to restore proper function.
Another of the more serious slip and fall injuries, damage to the spine or nerves may occur after a severe fall. This includes anything from herniated discs to nerve impingement. Depending on where the injury occurs, it can cause extreme pain and interfere with normal bodily functions like feeling and movement.
In some cases, surgery may be necessary in order to repair any damage or relieve pressure on the affected nerves. This can be quite costly, and depending on your individual situation, could be something you'd want to include in your personal injury claim if applicable.
Finally, another very serious injury that can result from a slip and fall is traumatic brain injury. This kind of injury usually occurs when the head or face are hit hard enough to cause trauma to the brain. Depending on the severity of the incident, this can range from a mild concussion to more serious and long-lasting damage.
If you believe you may have suffered any kind of brain injury, it is necessary to seek medical attention right away. If you decide to pursue a personal injury claim, the costs associated with treating this kind of injury may be included in your settlement or judgement.
For more here, or to learn about our personal injury attorneys and how we serve clients around Provo, SLC and other parts of Utah, speak to our team at the offices of William Rawlings & Associates today.
For anyone involved in a wrongful death suit involving the death of a family member or friend, these are tragic situations that may involve plenty of emotion. Anything that further complicates things here should be avoided, and one example is the realm of myths and misconceptions that have cropped up over the years regarding wrongful death cases - having the right information allows families and individuals to proceed ideally with no confusion.
At the offices of William Rawlings & Associates, we're proud to offer caring, compassionate wrongful death attorney services to clients around Salt Lake City, Provo and nearby parts of Utah - this in addition to our numerous other personal injury solutions. Sadly, we've heard a number of harmful misconceptions about wrongful death cases that may misinform clients or, in the worst cases, cause them to give up on their pursuit of justice altogether. Here are some of these frequent myths, plus the proper information in each area so you can be informed.
While it's true that medical malpractice is one major reason for wrongful death claims, it's by no means the only one. A wrongful death claim may ensue from any kind of negligence that causes a fatal injury, including in areas such as car accidents, work-related fatalities, defective product deaths and more.
In fact, anyone who tries to tell you that wrongful death cases are limited to only one small area probably doesn't know what they're talking about. These claims absolutely can arise in any instance of wrongful death.
Once again, while family members are indeed the most common filers of wrongful death claims, this isn't a requirement in every state. In certain states, you may be able to file even if you weren't related to the decedent. More commonly, though, states do allow family representatives or personal representatives to file these claims in many cases.
It's important to check with your local legal team for specifics here - they'll know exactly who is eligible to file based on current laws and regulations.
Another frequent misconception here is that the accused party must have acted with intention - in other words, they meant to cause harm. In reality, most wrongful death claims are based on negligence or careless behavior. The only times you may need to prove intent usually involve situations such as murder and assault.
For instance, if a driver was speeding and caused a fatal accident, you would not necessarily need to prove intent. So long as negligence can be established, that's usually enough to form the basis of your claim. Again, speak with an experienced legal team for further explanation on this specific point.
As you can see, many of these myths fall in the realm of attempting to restrict the types of compensation you can receive - in this case, suggesting that only medical and funeral expenses can be paid for.
In reality, you may be able to pursue much more than this. You could potentially demand coverage for lost wages, pain and suffering, burial expenses or even punitive damages if appropriate. It's impossible to guess precisely what you'll be eligible to receive until you speak with a qualified attorney, but don't believe anyone who tells you that only medical and funeral expenses will be covered.
This myth is potentially quite harmful to victims, as it suggests that they can wait indefinitely to file. This is absolutely incorrect - while time limits may differ from state to state, you usually have a specific period in which to act after the death has occurred.
Once this limit passes, you will be barred from filing your claim and receiving compensation. So don't take chances here - be sure to consult with a legal team as soon as possible after the death has occurred.
By being aware of these myths, you can ensure that you don't waste time or make bad decisions based on misinformation. With the right understanding and approach, you will be better equipped to handle your wrongful death case in an ideal manner.
Don't hesitate to reach out to the offices of William Rawlings & Associates for help in this area. Our experienced wrongful death lawyers are ready and willing to answer your questions and work with you to achieve the best possible outcome for your unique situation, or to help you with any other personal injury case in SLC, Provo or surrounding parts of Utah.
In most car accident situations, the legal ramifications in terms of fault and damages are fairly simple. One of the two drivers is usually at fault, and may bear liability to the other in terms of physical or emotional damages.
At the offices of William Rawlings & Associates, our personal injury attorneys are here to help with these kinds of basic car accidents for clients in Draper, Salt Lake City, Provo and nearby parts of Utah, but also with a more complex type: The multi-car accident. Liability may not be so simple in these cases, and determining responsibility may take a bit more work. Here's a look at some of the key factors that tend to influence these cases, plus what to be thinking about if you're involved in one.
For starters, it’s important to note that there’s no set method for listing fault in these kinds of accidents. In some cases a single driver will have 100 percent of the fault placed on him or her, while in others multiple drivers may have some responsibility.
As an example, let’s say a driver rear-ends another, pushing the front car into yet another vehicle that’s in front of it. In this case, the driver of the first vehicle to make contact will be responsible for damages to both other vehicles, as they caused the damage. In other situations, though, multiple drivers can contribute to an accident taking place – think of a driver who goes through a red light at far too high a speed, but is then hit by someone who ran the opposing red light at the same intersection in an accident that also impacts a third vehicle. In this case, both the speeder and the driver who ran the red light could be at some degree of fault.
When a multi-car accident takes place in Utah, the first consideration for all drivers involved, even those who may not have been at fault, is their insurance. Utah is a no-fault auto insurance state, meaning that you’ll first use your PIP (Personal Injury Protection) insurance to pay for basic medical expenses or lost work time. Once this policy limit has been reached, which usually happens fairly quickly, drivers are able to use fault and liability to request damages from others involved in the accident.
Some other areas that may play a role in liability for multi-car accidents:
Like with any vehicle accident, multi-car collisions may involve mental trauma in addition to any physical injuries suffered. All car accidents are highly stressful in this manner, but those involving multiple cars – and potentially multiple successive dangerous scenarios – might make trauma symptoms even more severe. These symptoms may include the following areas:
It’s important to note that anyone involved in an accident can experience this sort of trauma, even passengers who were not driving. It’s important to seek help for any of these concerns, and to document such help in detail – you may be eligible for damages in this area.
In Utah, the first bit of coverage for your various accident-related expenses will come from your personal injury protection insurance, which is required under the state’s no-fault insurance laws. For this amount, it does not matter who was responsible.
However, once you exceed this limit, you may be due additional compensation in several areas:
And throughout this process, a personal injury attorney can prove invaluable in helping you to navigate the process. Multi-car accidents may have a variety of factors at play, but they are still very much subject to Utah’s laws and regulations when it comes to determining fault and collecting damages. An experienced attorney will know how to make sure you get the compensation that is due after an accident.
For more here, or to learn about any of our attorney services for clients around SLC, Draper, Provo and other parts of Utah, contact our team at the offices of William Rawlings & Associates today.