Personal InjuryHow Utah Personal Injury Lawyers Resolve Cases

A personal injury can be inflicted because of a car accident, slipping and falling, medical malpractice, dog bite, etc. The Utah personal injury lawyers at White and Garner help most clients resolve their cases before filing a lawsuit. Typically, they continue preparing the lawsuit while negotiating with the at-fault party. Such settlements help clients save money, resolve disputes quickly, and arrive at outcomes that are not acrimonious.

Here is an FAQ on a peaceful resolution to claims drafted by Utah personal injury attorneys at White and Garner:

1. How do Utah’s personal injury lawyers approach the settlement process?Before initiating settlement talks, the attorneys take their time to calculate the economic and non-economic damages by understanding the type and seriousness of the injury, the mental and physical suffering it can inflict and may continue to inflict, the humiliation faced, the loss of income (present and future), impact on social life, loss of reputation, disabilities suffered, etc. “Out-of-pocket” expenses like loss of current and future wages, impact on social life, etc., are calculated after obtaining the opinion of other experts. Attorneys also adjust the claim to reflect the following:
   1. If the plaintiff also was responsible for the accident, then his fault percentage is deducted.
   2. If more than one defendant is involved, the lawyer determines the percentage of fault that can be allocated to each defendant.
2. Why is it that most personal injury cases are settled outside the court?Risk to both parties is one of the major reasons lawsuits settle. An experienced attorney has the skills necessary to create an outcome that makes everybody happy, particularly his client. Let us talk about the defendant first: If the defendant is guilty, his lawyer will be more than eager to settle the case before it goes to trial. Once the case goes to court, and the defendant is at fault, the jury can impose huge penalties on him – and that’s why guilty defendants make the first move for an outside-the-court settlement. Outside-the-court settlements reduce legal costs and cut the risk of the jury delivering a biased decision (in favor of the defendant). Such settlements also help the defendant to keep him out of the public eye. The plaintiff gets the damages he is satisfied with, saves money on legal and court costs, and also avoids getting dragged into a lengthy court case where there is a potential of possibly losing. An outside-the-court settlement assures the plaintiff of a win in quick-time.
3. Who initiates the outside-the-court resolution process, and when?The offer usually comes from the at-fault (defendant) party. It can come at any time before the lawsuit is filed or after its filing, but before a verdict is delivered. Experienced personal injury lawyers try and settle the case before it reaches the trial stage or before jury deliberations begin. In most cases, both plaintiff and defendant agree to settle the case before the court hearings begin.
4. What happens when the plaintiff agrees to accept the defendant’s offer?If the plaintiff accepts the defendant’s offer, he must withdraw all accident-related claims by signing a liability release. The plaintiff also has to agree that he will not file another lawsuit or otherwise seek any legal remedy in connection with the accident in the future.
5. What is the Utah Admin Code R37-4? Does it limit the compensation the plaintiff can claim from the government?As per Utah Admin Code R37-4, the limit for personal injury damages against any governmental entity, after July 1, 2016, is set at $717,100 per person in an occurrence.
6. Will the defendant’s insurance company get involved in the peaceful resolution process?Yes, in most cases, because most insurance companies are wary of juries going against the defendant. There can be several rounds of negotiations between the attorneys and the defendant’s insurance company. If the offer from the defendant is not accepted, the case goes to trial, and the damages are determined by the jury.

FREE CASE EVALUATION OFFER

Victims of any accident are likely to face physical, financial, and emotional problems. Exorbitant medical bills, trauma, damage to property, stonewalling insurance companies, and hostile defendants can leave them high and dry.

They need an experienced Utah personal injury lawyer to help them.

Call us now, or chat online, to find out more.