Taking the right actions after sustaining an injury that you believe is the fault of another party is very important, and slip and fall accidents are a good example. Like many other kinds of injuries, a few simple actions will help you not only recover ideally from any injuries sustained, but also receive just compensation from another party if they were liable.
At the offices of William Rawlings & Associates, we're here to offer the best personal injury attorney services available around Salt Lake City, Provo, Draper and nearby parts of Utah, with personal injury lawyers who handle numerous case types - slip and fall injuries among them. Here are some basic tips from our personal injury attorneys on the right steps to take if you've been in a slip and fall accident and believe another party is liable.
Before we get into the steps you should take after a slip and fall accident, it's important to understand that not all of these accidents are equal in terms of liability. Here are some common types of slip and fall accidents:
Like many other injuries, the first step to take after a slip and fall accident is to seek medical attention. Even if you feel fine initially, it's important to get checked out by a doctor as soon as possible. Injuries sustained in accidents can sometimes take time to manifest, and getting prompt medical care can improve your chances of a full recovery.
For instance, you may have sustained a concussion or internal injuries that aren't immediately apparent. A medical professional will be able to diagnose and treat these injuries before they become worse.
It's important to document as much information about the slip and fall accident as possible, as this can help your personal injury attorney build a strong case for liability. Some essential pieces of documentation include:
If you believe another party is responsible for your slip and fall accident, it's important to contact a personal injury attorney as soon as possible. They will be able to review your case and advise you on the best course of action. In addition, they can negotiate with insurance companies on your behalf and ensure that you receive fair compensation for your injuries.
At William Rawlings & Associates, we have experienced personal injury attorneys who are dedicated to helping our clients get the justice they deserve after sustaining injuries in slip and fall accidents.
While it may be tempting to post about your slip and fall accident on social media, it's important to avoid doing so. Insurance companies can use these posts against you to try and devalue or deny your claim. It's best to refrain from posting anything about the accident until your case has been resolved.
Keep track of all expenses related to your slip and fall accident, including medical bills, lost wages, and any other costs incurred as a result of the injury. This information will be useful for determining the amount of compensation you are entitled to.
If you've been in a slip and fall accident that you believe was the fault of another party, it's important to take the right steps to protect yourself and your rights. By seeking medical attention, documenting the accident, and working with a personal injury attorney, you can increase your chances of receiving fair compensation for your injuries.
Don't hesitate to contact William Rawlings & Associates today to discuss your case and receive expert legal guidance. Our personal injury attorneys are here to help with a huge range of personal injury cases, from slip and fall injuries to auto accidents, child injuries, dog bite cases and more. Contact us today for help with any such case around SLC, Provo, Draper or nearby parts of Utah.
Avoiding mistakes is important within any kind of legal setting or situation, and filing a car accident injury claim is no exception. There are a few different kinds of errors that can crop up during this process, and being aware of them is important for helping steer clear of them.
At the offices of William Rawlings & Associates, we're proud to offer the best auto accident injury lawyer services available in Salt Lake City, Draper, Provo and nearby parts of Utah. Our car accident attorneys will walk you through this entire process, helping you take the right steps and avoid mistakes to file a claim and obtain just compensation if another party was responsible for your injuries. Here are some of the most common such mistakes, plus how a car accident attorney will help you steer clear of them.
One of a few mistakes that traces back to the actual accident scene itself is not phoning the police right away. Even if damages are minor, it's still important to do so – many insurance companies will require a police report in order to process your claim.
This is also important for the simple fact that it's in your best interest to have an official record of the accident. If there are any disputes about what happened or who was at fault, a police report can be crucial evidence to support your claim.
And of course, calling the police is also important for safety reasons. They can assist with traffic control, ensuring that all parties involved are safe while waiting for assistance.
Beyond just calling police, it's also vital to document the scene of the accident as best you can. This includes taking pictures or videos of property damage and any injuries sustained by yourself or others.
In addition to documenting physical evidence, be sure to write down details about what happened leading up to and during the accident. Memories can fade quickly, so having a written record of events will help when filing your claim.
Another common mistake made after an accident is admitting fault at the scene, even if it seems like the honorable thing to do. However, doing so can greatly harm your chances of receiving compensation for your injuries.
Remember, determining fault is not always cut and dry – there may be factors at play that you are not aware of or did not witness. It's best to leave this determination up to the professionals, such as insurance companies or a court of law.
Even if you feel fine after an accident, it's still important to seek medical attention. Some injuries may not present themselves immediately, and waiting too long to get checked out can harm your claim.
In addition, having documentation from a medical professional about any injuries sustained will help support your case for compensation. So, be sure to seek medical attention as soon as possible after an accident.
Perhaps the biggest mistake you can make when filing a car accident injury claim is not consulting with a car accident attorney. Even if you believe you have a strong case, navigating the legal system and dealing with insurance companies can be tricky and overwhelming.
At William Rawlings & Associates, we have years of experience in handling car accident injury claims. We will work tirelessly to ensure that your rights are protected and that you receive full and fair compensation for your injuries.
Another common mistake lawyers often see is individuals waiting too long to file a claim. Statutes of limitations vary from state to state, but it's important to be aware of the time limits for filing a claim in your state.
If you wait too long, you may lose your right to seek compensation for your injuries. It's always best to consult with a car accident attorney as soon as possible after an accident, so they can ensure that all necessary paperwork and filings are done in a timely manner.
One of the most preventable mistakes when filing a car accident injury claim is providing inaccurate or incomplete information. This can lead to lengthy delays in processing your claim and may even result in a denial of compensation.
To avoid this, make sure to double-check all information and provide any supporting documents or evidence as requested. Your car accident attorney can also help review your claim for accuracy before it is submitted.
Some insurance companies may offer a quick settlement immediately after an accident. While this may seem like a convenient solution, it's important to remember that these initial offers are often much lower than what you may be entitled to.
Before accepting any settlement, consult with a car accident attorney who can evaluate the full extent of your injuries and calculate the appropriate amount of compensation for your case.
By avoiding these common mistakes and enlisting the help of a trusted car accident attorney, you can navigate the process of filing a car accident injury claim with confidence and increase your chances of receiving fair compensation for your injuries. Don't hesitate to reach out to William Rawlings & Associates for expert legal guidance and support during this challenging time - we're here to help with all your auto accident injury lawyer needs around SLC, Provo, Draper and nearby parts of Utah!
There are a few different stages or elements that you may go through during a personal injury case, and one of these that's very common is a deposition. What exactly happens during a deposition, and just as vitally, what happens after a deposition in a personal injury case?
At the offices of William Rawlings & Associates, we're proud to offer a wide range of personal injury attorney services to clients around Salt Lake City, Draper, Provo and nearby parts of Utah. We cover any kind of personal injury claim you need to make, from dog bite injuries to dental malpractice, child injuries and many others. We regularly walk clients through depositions and all the important steps that follow them, ensuring you know how to proceed at all times. What is a deposition and why is it important, and what is the next step after deposition for your case? Here's a breakdown.
For those who have never been through a legal case before, the term deposition may be unfamiliar. A deposition is essentially an interview or questioning session that takes place outside of court. It's conducted under oath and recorded by a court reporter, but does not involve a judge or jury like a trial would.
The purpose of a deposition is for attorneys to gather information from witnesses or involved parties in the case, which can then be used as evidence during the trial. For instance, if you were injured in a car accident, the opposing attorney may depose you to get your version of events and any details that may help their case.
Depositions are often a key piece of what's known as the "discovery" phase of a personal injury case. This is where each side gathers evidence and information to build their arguments for the trial.
During a deposition, the witness will be asked questions by both their own attorney and the opposing attorney. The questions can vary widely depending on the case and what information is needed. Witnesses are expected to answer honestly and to the best of their ability, as they are under oath.
Depositions can also involve presenting documents or other evidence for review or questioning. This can include medical records, police reports, or any other relevant materials.
What is the next step after deposition? We'll go over this and some other possible directions your case may go in our upcoming sections.
In the majority of cases, what happens after a deposition in a personal injury case is a debriefing with your attorney. This is where you'll go over the deposition and discuss any potential strengths or weaknesses that were revealed.
If you and your attorney believe you performed well in the deposition, the next step may be to prepare for trial. If not, you may work on strategies to strengthen your case or gather additional evidence.
In addition, both sides of the case will receive a copy of the deposition transcript, which is a written record of everything that was said during the deposition. This can be used to review and prepare for trial, or to potentially impeach a witness if their story changes during the trial.
In many personal injury cases, the next step after deposition is not a trial, but mediation. This is where both parties come together with a neutral third party to try and reach a settlement. If this is successful, the case may end here and no trial will be necessary.
If mediation is unsuccessful, then the case will proceed to trial. Your attorney will use all the information gathered during the discovery phase, including the deposition transcripts, to build your case and present it in court.
It's important to note that only a small percentage of personal injury cases actually go to trial - most are settled through mediation or negotiation. However, it's still crucial to be prepared for the possibility of a trial and have a strong legal team on your side.
Depositions are an important step in the discovery phase of a personal injury case. They allow both sides to gather information and evidence that will be used during trial or potential settlement negotiations. After a deposition, your attorney will debrief with you and potentially prepare for trial or mediation depending on how the deposition went. It's important to have an experienced personal injury attorney by your side throughout this process to ensure you receive the best possible outcome for your case.
At William Rawlings & Associates, we have a team of dedicated personal injury attorneys ready to help you with any type of case. Contact us today for a free consultation and let us fight for the compensation you deserve, whether you're in SLC, Draper, Provo or any nearby part of Utah.
There are several concepts that are important to consider if you've been in a car accident, and one of the most notable from a legal and financial standpoint is that of fault. Who is at fault in a car accident, and how do you prove that fault if you believe it lies in another party?
At the offices of William Rawlings & Associates, we offer the very best auto accident attorney services across Salt Lake City, Draper, Provo and nearby areas of Utah. We regularly assist clients with important themes like determining and proving fault. Here are some basics on how the state of Utah manages fault for vehicle accidents, how to determine who is at fault in a car accident, and how to prove fault.
The state of Utah follows what's known as a comparative fault (or comparative negligence) system, meaning that multiple parties can share fault for the same accident and compensation for liability will depend on these percentages. Utah is also a "51% fault state" - this means that if you are at least 50% at fault in a given accident, you cannot recover any damages from it.
That said, many accidents will involve one party or another being assigned most or even all of the fault. For instance, if you were hit by a drunk driver in Utah, it's very likely that driver will be assigned almost all or even all of the fault for damages to your vehicle and any injuries you've sustained.
Some basic steps to take if you believe another party is at fault for an accident:
Once these steps are complete, you can begin to build your case for fault against the other party. Keep in mind that Utah follows modified comparative fault rules - this means that if you are found partially at fault for an accident, your compensation will be reduced by the percentage for which you're deemed responsible. For instance, if you were found 20% at fault and awarded $10,000 in damages, your final settlement would be $8,000.
To prove fault in a car accident case, it's important to have evidence backing up your claims. This could include things like:
An experienced auto accident attorney will be able to guide you through the process of gathering evidence and building your case for fault. They can also help negotiate with insurance companies and fight for the best possible outcome for your particular situation.
Here are a few additional tips when it comes to fault:
If you're unsure who is at fault in a car accident you’ve been in, don't hesitate to reach out to William Rawlings & Associates today for a free consultation. We'll help you understand your legal options and work diligently to get you the compensation you deserve, whether you're in SLC, Draper, Provo or any nearby area.
There are many settings where hiring a lawyer after a car accident is important, whether for dealing with insurance companies, filing a personal injury lawsuit or various others. Ensuring proper timing for hiring an attorney is vital to avoid any mishaps or delays, plus will allow you to obtain valuable legal advice throughout the process.
At the offices of William Rawlings & Associates, we're happy to offer a wide range of car accident attorney services for clients around Salt Lake City, Draper, Provo and nearby areas of Utah. We'll take your call and assist you no matter where you are in the recovery or insurance process, but certain timing for hiring an attorney is often optimal. Here are some basics to understand when it comes to when to contact a car accident lawyer.
While we certainly understand the desire to contact a car accident attorney as quickly as possible after an accident, one area that this should never supersede is your own personal health and well-being. This remains the top priority for anyone involved in an accident, and you should always seek medical attention immediately if necessary.
Furthermore, if anyone else in your vehicle was also injured, your first priority should be to ensure they receive proper medical attention as well. Only after you have addressed any immediate health concerns should you begin to think about contacting an attorney.
Down related lines, another important step to take immediately after a car accident is contacting the police and any necessary first responders. This will ensure that a proper investigation takes place, plus that all involved parties are accounted for. Personal injury lawsuits may require full documentation of this type, so it's vital not to miss it.
Once you've attended to those vital first steps, however, it's important to contact a car accident attorney as soon as possible. This will help ensure you don't miss any critical filing deadlines or make mistakes that could harm your case in the long run.
For instance, a car accident lawyer can give you specific advice about what to say and not say to police or other responders at the time of the accident, helping you avoid potential pitfalls down the road. They can also help advise you on what evidence to gather and how to document your injuries for insurance purposes.
Car accidents can be complex legal matters, and it's easy for those without experience in this area to make mistakes that could harm their case. By hiring an attorney early on, you'll have the guidance and expertise needed to ensure everything is handled correctly from a legal standpoint.
Don't wait until it's too late - contact William Rawlings & Associates today if you've been involved in a car accident and need legal representation.
There are several notable risks that come with delaying a call to a car accident attorney after an incident. These include the following:
It's important to prioritize your health and well-being after a car accident, but as soon as possible, contact a car accident attorney to protect your legal rights. Waiting too long could result in missed deadlines, loss of evidence or even giving insurance companies an advantage. At William Rawlings & Associates, we're dedicated to helping our clients receive the compensation they deserve after a car accident. Don't hesitate to reach out for a consultation and let us guide you through the legal process, whether you're in SLC, Draper, Provo or any nearby part of Utah.
You may be asking yourself several important questions in the aftermath of any car accident you're involved in, and one of these surrounds whether hiring a car accident attorney might be the right move. "Do I need a lawyer for a car accident?" is one of the most frequently asked questions in this realm.
At the offices of William Rawlings & Associates, we're proud to offer the very best car accident lawyer services you'll find around Salt Lake City, Draper, Provo and nearby areas of Utah. Here's a basic primer on whether you need a car accident lawyer, some settings where car accident lawyers can be immensely, and some of the benefits of hiring a car accident attorney.
While we'll go over some specific settings or situations in which a car accident attorney can be directly beneficial to you, it's vital to remember that this is always your right. You're never required to hire a lawyer or any other representation after a car accident, but having one on your side can greatly increase the chances of getting the compensation you deserve.
Remember that insurance companies and other parties will often try to take advantage of your lack of legal knowledge or experience to offer you less than what you truly deserve, and a car accident attorney is here to help.
One of the most common settings where hiring a car accident attorney is vital is when you're dealing with insurance companies. These entities are known for trying to find ways to reduce their own expenses, and one of the primary methods they do this through is by offering low settlements or taking advantage of those who don't have legal representation.
With an experienced car accident lawyer on your side, you'll never have to worry about being taken advantage of in this way. Your attorney will understand the tactics used by insurance companies and will fight for your rights to ensure you receive the full compensation you deserve. Your attorney can help with a wide range of potential situations that come up regularly:
Another common reason for hiring a car accident attorney is to determine fault in the accident. This can be a complex and confusing process, especially if multiple parties are involved or there are conflicting stories about what happened. Your attorney will thoroughly investigate the incident and gather evidence to support your case, helping you prove who was at fault and hold them responsible for their actions.
In other cases, you may need to file a personal injury lawsuit after a car accident in order to receive proper compensation for your damages. These lawsuits can be daunting and overwhelming, but with a knowledgeable car accident attorney by your side, you can navigate the legal system confidently and increase your chances of success.
There are several other benefits of hiring a car accident attorney that you should consider. These include:
While it is not always necessary to hire a car accident attorney after being involved in an accident, there are many situations where their expertise and representation can greatly benefit you. It's always important to consider your options and consult with a trusted attorney before making any decisions regarding your case. At William Rawlings & Associates, we are dedicated to helping our clients receive the justice and compensation they deserve after a car accident. Contact us today for a consultation and let us fight for your rights, whether you're in SLC, Draper, Provo or any nearby area!
There are a few forms of terminology that may cause slight confusion in the world of personal injury claims, and one relates to the actual term "personal injury" itself. Specifically, some who are unfamiliar with personal injury cases assume that these can only be brought when at least one party is injured physically - but this is not always the case.
At the offices of William Rawlings & Associates, we've spent years assisting clients around Salt Lake City, Draper, Provo and nearby parts of Utah with all their personal injury claim needs, from car and truck accidents to dog bite injuries, bicycle accidents, wrongful death and more. Whether for car accidents or any other kind of personal injury case, here are some examples of non-injury areas where personal injury claims can still be filed.
One of the most common examples of a non-injury personal injury case is when an accident or other incident causes you to miss work and lose wages. In many cases, this will be due to physical injuries sustained during the incident - but not always.
For instance, say you're in a car accident and suffer no physical injuries, but your vehicle is totaled and you need several days off work while arranging a new one. You can still file a personal injury claim here due to the lost wages you experienced during this time.
Another area that falls under personal injury is property damage, which can occur in many different incidents. For instance, if you're a homeowner who suffers flooding due to a nearby construction project - and this flooding causes thousands of dollars in damages - the responsible party may be liable for these costs.
Another common example of property damage that typically falls under personal injury claims is vehicle damage from car accidents. Most personal injury claims resulting from vehicle damage are limited to the cost of repairs or replacement, but they can also cover other costs like rental cars or towing services.
In some cases, personal injury claims will cover not just the repairs for the vehicle, but also any personal items that were damaged in the accident. This could include things like electronics, clothing, or even recreational equipment.
Even if you suffer no physical injuries whatsoever during an accident, you may still be eligible for a personal injury claim due to emotional distress. This generally relates to extreme or severe accidents, such as a car or truck accident that causes significant trauma or fear for your life. In these cases, you may be awarded damages based on the severity of your emotional distress.
Now, this is one area where nuance and expertise are very important. It's often difficult to prove emotional distress in a court of law, so you'll need a skilled personal injury attorney to help gather evidence and build your case.
Another area that may fall under personal injury is damage to pets or other personal property during an incident. For instance, say you're in a car accident and your beloved dog suffers injuries as a result - even if you suffered no physical injuries yourself, you can still file a personal injury claim for the damages incurred by your pet.
Similarly, if someone else's negligence causes damage to your personal property, such as a valuable piece of jewelry or collectible item, you may be able to file a personal injury claim to recover the cost of repairs or replacement.
While these technically fit under our emotional distress section as well, we wanted to call them out specifically due to how common they are. Issues such as post-traumatic stress disorder (PTSD) or sleep disturbances can result from a traumatic event like a car accident, even if no physical injuries were sustained.
If you experience ongoing mental health issues after an accident, it's important to seek help and consider filing a personal injury claim - not only for potential damages, but also to hold the responsible party accountable for their actions. So remember that personal injury claims are not limited to just physical injuries, and if you have suffered any form of harm or losses as a result of someone else's negligence, you may be entitled to compensation through a personal injury claim.
Contact our experienced attorneys at William Rawlings & Associates today for help with your personal injury claim, and let us fight for the justice and compensation you deserve. We serve clients around SLC, Draper, Provo and other parts of Utah.
While important concepts like physical injuries and pain levels are naturally some of the most important to consider during any kind of personal injury claim, they are not the only ones that often play a role in the outcomes of these cases. There are also non-physical impacts that can take place as a result of various forms of personal injury, and the realm of emotional trauma is one that cannot be overlooked here.
At the offices of William Rawlings & Associates, we're here to provide the very best personal injury attorney services available to clients around Salt Lake City, Provo, Draper and other parts of Utah - from car and truck accident cases to wrongful death, child injuries, dog bite injuries and more. Emotional trauma is a regular consideration within many of our cases, and we're here to ensure our clients are compensated for these kinds of concerns as well as physical ailments that rise from their injuries. Here are some basics on how emotional trauma is defined legally, how emotional trauma can factor into your personal injury claim, and how our personal injury attorneys will assist you in this vital area if applicable to your case.
Also sometimes called emotional distress, emotional trauma is an issue that refers to any kind of mental or psychological injuries or consequences that come from a particular event. While not as tangible as physical injuries, emotional trauma can have just as significant an impact on a person's life. In some cases, emotional trauma may also have physical elements tied to it as well.
There are several symptoms or visible signs of emotional trauma that may be present in personal injury cases, including:
It's vital to remember that if you're dealing with emotional trauma following a personal injury event, you deserve compensation just as much as someone who has suffered physical pain. Our team of experienced attorneys will work alongside you to make sure this happens, including several elements which we'll go over in our next section.
When it comes to emotional trauma and your personal injury claim, the primary method of gaining compensation will be showing how this trauma has impacted your quality of life and wellbeing. This means providing documentation and evidence that backs up any claims you make in this area.
There are several potential areas where a personal injury attorney might assist you here:
Furthermore, a personal injury attorney will handle all the important details of including emotional trauma in your claim. They will file the required paperwork and speak to insurance companies on your behalf, taking the burden off of you during this difficult time.
If you're dealing with emotional trauma following a personal injury event, don't wait another day to reach out to William Rawlings & Associates for assistance. Our experienced attorneys will help you get the compensation you deserve for all impacts related to your injuries. Contact us today to learn about our personal injury attorney services for clients around SLC, Provo, Draper and other parts of Utah.
Not all kinds of vehicle accidents and resulting liability cases are created equal, and one of the simplest examples here is a comparison between car and truck accidents. There are many ways that car and truck accidents can vary, from the scope and size of damage to the kinds of resulting actions that take place.
At the offices of William Rawlings & Associates, we're happy to offer quality personal injury attorney services for any kind of vehicle accident, including car accidents, truck accidents and more. While the specifics of each individual case will obviously vary, let's look at some of the typical differences between car and truck accidents - from vehicle differences to accident scopes, injury and damage types, and more.
As you may have already assumed, perhaps the single largest difference between car and truck accidents is the size difference of the vehicles involved. Cars are generally much smaller than trucks, meaning that a truck accident can create much more serious damage and injuries to those involved.
This can trickle down to several other differences between car and truck accidents, such as the scope of the accident, the kinds of damage or injury types that are likely to be involved, and even insurance coverage.
When it comes to accident liability, the nature of the vehicle itself can play a role. Trucks are generally more difficult to operate than cars, and this can come into play if negligence is alleged in a truck accident case.
For example, if an inexperienced driver was behind the wheel of a truck at the time of an accident, this fact could be used as evidence that they were negligent or not taking the proper precautions. In other cases, an inexperienced driver may not be aware of the size differences between their vehicle and smaller cars, or other vehicles on the road, which could also come into play.
Due to the size and weight difference between cars and trucks, truck accident injuries can be much more serious than those sustained in car accidents. This is especially true when it comes to other vehicles, pedestrians or cyclists being involved in a truck accident. For this reason, liability cases involving truck accidents will often require a higher level of proof to determine negligence on behalf of one party or another.
However, it's important to note that this is not always the case. Car accidents can be extremely serious, and proof of liability can be equally difficult to produce. It's important to consult an experienced attorney no matter the kind of accident you are involved in.
One area that is sometimes included in accident liability cases is the maintenance of the vehicle itself - and this is another area where car and truck accidents can differ.
Trucks are often subject to severe maintenance requirements, especially if they are used for commercial purposes. Therefore, in a truck accident case, it may be possible to introduce evidence that either the driver or the company failed to meet these requirements - such as regular oil changes or brake inspections - which could have contributed to or caused an accident.
On the other hand, while cars may also require regular maintenance and inspections, these are usually not as stringent - meaning that it's more difficult to argue that a car was negligently maintained in an accident case.
With most car accident cases, at-fault parties will generally be limited to the drivers of each vehicle. However, with truck accident cases, there are often more parties that could be at fault - such as the owner of the truck, a load carrier or cargo company and other involved parties.
This means that when it comes to assigning blame in a truck accident case, more witnesses may need to be interviewed and evidence must be thoroughly examined to determine the cause of the accident.
At William Rawlings & Associates, our experienced personal injury attorneys are well-versed in a variety of different kinds of vehicle accidents - including those involving cars and trucks. We can help you understand your case, introduce evidence and negotiate with insurance companies to ensure that you receive the compensation you deserve for any injuries or damage sustained. Contact us today for help with any car accident or truck accident case, or for any other personal injury attorney need around SLC, Provo, Draper and the rest of Utah.
There are a few key parts of many personal injury cases that involve gathering information and testimony from various witnesses or participants, and one of the most notable in many such cases is a deposition. And because a deposition is also often one of the most "official" early parts of the process, involving testimony given under oath in a courtroom setting, many clients naturally wonder what happens after a deposition in a personal injury case.
At the offices of William Rawlings & Associates, we're proud to provide the very best personal injury attorney services available around Salt Lake City, Draper, Provo and nearby parts of Utah. Our experienced team handles needs ranging from auto accident lawyer services to child injuries, dog bites and numerous other injury types, and we walk clients through the entire process - including depositions and everything that comes after them. Here are some basics on what happens at the deposition itself, plus the important next steps after the deposition and what you should be thinking about.
For those who are approaching their first deposition, it's normal to be a bit nervous about the process. It's important to remember that this is simply a discussion between you and the other parties involved in the case, including both attorneys and possibly an official court reporter. The purpose of this discussion is to get a better understanding of what happened leading up to your injury, as well as any relevant details about the accident itself.
During deposition, you will begin by taking an oath to tell the truth. Then, both sides will have a chance to ask you questions regarding your case. These questions are typically open-ended and can cover various aspects of your life, such as your background, employment history, medical history, and more. You should answer all questions truthfully and to the best of your ability. Your attorney will be present to object to any irrelevant or improper questions.
Furthermore, the deposition will cover the actual events of the accident in question. This may involve questions about how it occurred, any factors that contributed to it, and your overall understanding of what happened. The opposing attorney may also ask you to describe your injuries and provide information about medical treatment you have received.
It's of paramount importance to be completely honest during the deposition. Lying or providing false information can have serious consequences, including potential perjury charges.
Our next several sections will go over the important steps that are taken after all or most depositions in personal injury cases.
During the deposition, a court reporter will be recording everything that's said so an official transcript can be created afterward. This transcript will include all questions and responses given during the deposition. After the deposition is completed, this transcript may be used in court or for further evidence gathering.
Once it has been completed, your attorney will review the transcript to ensure its accuracy. Any necessary corrections or changes can be made at this time before submission to the court. This process may take a few weeks in some cases.
In some cases, the defendant's insurance company may request that you undergo a medical examination by a doctor of their choosing. This is known as an Independent Medical Examination (IME) and is used to assess the extent of your injuries and any potential pre-existing conditions.
Your attorney can help you prepare for this examination and may also request that a medical professional of your choosing is present as well. It's important to remember that the doctor performing the IME is not your treating physician and their report may be used against you in court.
After depositions have been completed and all evidence has been gathered, both sides will usually enter into negotiations in an attempt to reach a settlement. This involves discussing the case with each other and trying to come to an agreement on a fair compensation amount.
Your attorney will play a crucial role during this process, advocating for your best interests and fighting for the compensation you deserve. In some cases, mediation or arbitration may be necessary if negotiations fail.
As noted, if negotiations are unsuccessful, the next step may be mediation or arbitration. These involve bringing in a neutral third party to help facilitate discussions and potentially come to a resolution.
In mediation, both parties will work together with the mediator to find common ground and come to an agreement. In arbitration, however, the neutral party acts as a judge and makes a final decision on the case after hearing all arguments from both sides.
If the parties are able to reach a settlement through negotiations, mediation or arbitration, then the case will be resolved without going to trial. However, if no agreement can be reached, then the case will proceed to trial where a judge or jury will make a decision on the matter.
Depositions are an important part of any personal injury case and should be taken seriously. It's important to work closely with your attorney and follow their advice during this process. And remember - even after the deposition is complete, there are still important steps to take before your case is resolved.
At the offices of William Rawlings & Associates, we are committed to providing personalized and comprehensive legal services for our clients in Salt Lake City, Draper, Provo, and nearby parts of Utah. If you have been injured due to the negligence of another party, contact us today to schedule a free consultation with one of our experienced attorneys. Let us fight for your rights and help you receive the compensation you deserve.