Personal Injury
If you or somebody you love has suffered an injury in which you believe you are entitled to damages, you need to hire a Utah Personal Injury Attorney or Lawyer to ensure you are fairly compensated.
Personal injury law imposes a variety of duties on all individuals to exercise a reasonable degree of care and caution so as not to cause harm to others. For instance, individuals owe one another the duty to avoid negligent or intentionally wrongful actions, such as reckless speeding when children are present in a school zone. When one of these duties is breached and leads to injury, personal injury law sets the rules by which the victim can recover damages. Personal injury law also establishes the types of damages that can be collected in particular cases, while imposing a specific burden of proof on the plaintiff. The personal injury body of law is remarkably vast, and includes common types of lawsuits such as car accident claims, medical malpractice, defective products, and even dog bite cases.
Although many personal injury cases only involve minor injuries, you may still be entitled to substantial monetary damages. Medical expenses, no matter how small they are, including hospital expenses, medications, personal therapy can be recovered. In addition, a plaintiff who is successful at making a personal injury claim is generally entitled to past and future medical costs, lost income, pain and suffering and emotional distress compensation.
In the case of an injury, for many reasons, an attorney will help to secure more damages than you can yourself. When a plaintiff wishes to prove a personal injury claim, he will need evidence specific to that type of claim. For instance, a medical malpractice tort requires the testimony of an expert witness explaining how the doctor provided care at a standard below that which a physician with his experience and background should have provided. A car accident claim, on the other hand, may involve presenting witnesses to the accident or the testimony of an accident reconstruction expert to show how the actions of the driver fell short of what a hypothetical reasonable driver would do.
There are significant differences in exactly how things are proven. In general, every personal injury claim requires a plaintiff to prove that more likely than not (i.e., by a preponderance of the evidence) a legal duty existed; the legal duty was breached; the duty was a direct/proximate cause of harm; and there resulted damages.
A defendant doesn't have to disprove these things to win his case, although he certainly can. Simply asserting that the plaintiff didn't prove any one of these elements may be enough to allow the defendant to win. Don’t let this happen to you.
At Dart & Wise, we work closely with our clients to maximize the outcome of their individual cases. We don’t pass our clients off to paralegals or assistants. If you hire one of our attorneys, you will have direct access to them throughout your case.
While many of our cases settle out of court, we are always prepared to go to trial to ensure you get the compensation you deserve. Our goal is to find the legal solution that is best for you. Give us a call today at (435) 637-7011 for a Free Consultation so that we may protect your interests, advance your claim, and ensure you are fairly compensated.