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Friday, March 16, 2012

How Do I Know If I Have a Personal Injury Case?

If you have been injured, you might find yourself needing an attorney. Before you pick up the phone and start calling around, you might want to take a look at these helpful tips to see if you have a personal injury case.



First and foremost, you must have an injury. This may seem obvious. Although the legal definition of the word “injury” is a harm or damage, Utah law requires more for a personal injury case. In order to have a case, your injury must have needed at least $3000 dollars worth of medical treatment, OR it has to be permanent (i.e. scarring, disfigurement, disabling).


You must have been injured by someone else. In order to have a case, someone else has to be responsible for your injuries. Examples of this include: if you were in a car accident where you were a passenger in the car; if you were in a car accident as a driver, but did not cause the accident; or if you were a pedestrian hit by a car. In those cases, you can usually bring a lawsuit against the person who caused your injury and recover your damages.


Your actions can’t have caused your injury. To win your case in Utah, you have to be less than 50% to blame for your injury. Often times juries will look at how responsible you were for your injury before deciding on a verdict or deciding on the amount to award the plaintiff. One example of this is if you were turning left at a green light and an oncoming car hit you. Even if the car was speeding up to get through the yellow – or red – light (we have all seen this guy), you have the responsibility to yield to oncoming traffic. In this case, you could be considered to have more than 50% of the blame for the accident.


Your actions did not cause your injury or further injure you. When you have a lawsuit, one of the things your attorney will need to do is prove that the accident that you were in actually caused your injury. This can be very hard to do, for example, if you claim you were injured in a car accident but then decided to go skiing the next day and fell. In a case like this, it would be difficult to separate what injuries came from which event.


If you are still not sure if you have a personal injury case, feel free to call us at 801-533-0222 for a free review of your case.


SykesInjuryLaw.com

15 comments:

Joanna said...

"First and foremost, you must have an injury." - True. And, see a doctor right after the accident to prove your injury. That is a major key that could help you win a lawsuit. Without medical documentation, it'll be hard to prove you're injured.

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RBSA said...

Joanna, it is good that you bring that you bring the point of seeing a doctor right away. We have a blog post planned for that subject.

Anne said...

I agree. It is also important not to give any statement. In line with this, do not admit anything. These statements can be used against you. It is important to consult your doctor right away and contact your lawyer as soon as possible.

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Emilee T. Leeper said...

These tips are important to note when contemplating to file a case against people who have caused you harm. Being the complainant, you must acknowledge that you know all the grounds so talking with an injury lawyer would be easy.

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KarenRodriguez said...

Of course, you will not have a personal injury case if you don't have an injury. If you're hurt after meeting an accident, then there must be a lawsuit against the person who caused your injury.

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Selena said...

Personal injury attorney is the best answer on this kind of problem. You need a legal proof whether you're defendant or a plaintiff.

Hannah Wilson said...

This is a very important post to keep in mind. There have been people who suffered personal injuries, yet didn't receive justice for it. Popular cases are dog bites. People who suffered dog bites can file their cases to a dog bite attorney in Orlando, and depending on the situation they may be compensated for their medical expenses.

Anonymous said...

It's important to know what the instances are liable for a personal injury case, it's also helpful to consult an injury lawyer just to be sure.

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RBSA said...

Hey! Thanks! We really appreciate your comments! This is a subject that we care deeply about and we really care about, we really want the best for anyone who finds themselves in a terrible situation like this.

RBSA said...

Also, do you (@ Mesa Law) have a blog? I would love to look at it.

Derrick Patterson said...

As a mississippi personal injury attorney, you can say if you have a personal injury if it is self-inflicted and accidental.

Dani Rose said...

Personal injury means any injury which is affecting us that is not caused maximum by self, it must be a cause of something other and may relate to accidents. Personal injury lawyers may claim for you the maximum benefits considering the helpfulness of the injury lawyer. But while you are opting for a personal injury lawyer then it is the duty to check and hire a lawyer on no win no fees concept.Virginia personal injury attorney

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