Utah Personal Injury Attorneys

Because Bad Things Happen to Good People

If you or a loved one has been injured due to someone else's negligence in Utah, your life can change in an instant. Medical bills pile up, physical pain persists, and the stress of lost wages can feel overwhelming. At Pearson Butler, we understand the physical, emotional, and financial toll an accident takes.

Our Utah personal injury lawyers provide the aggressive advocacy and compassionate guidance necessary to navigate the complex legal landscape of the Beehive State. We are committed to holding negligent parties accountable and ensuring you receive the maximum compensation available under the law.

To request a free case evaluation, contact our firm today at (800) 265-2314.

What is Personal Injury?

Personal injury refers to the area of law that deals with cases where an individual has suffered harm or injury due to the negligent or intentional actions of another party. Personal injury cases typically involve seeking compensation (damages) for the physical, emotional, and financial losses suffered as a result of the injury. These cases can vary widely in nature and can arise from a multitude of circumstances.

Here are some common types of personal injury cases:

• Car Accidents: This is one of the most common types of personal injury cases, where individuals seek compensation for injuries sustained in automobile collisions caused by another driver's negligence.
• Motorcycle Accidents: Similar to car accidents, these cases involve motorcyclists who have been injured due to the actions of another driver.
• Truck Accidents: These cases involve accidents with large commercial trucks, often resulting in severe injuries due to the size and weight of the vehicles.
• Slip-and-Fall Accidents: Also known as premises liability cases, these involve injuries that occur on someone else's property due to unsafe conditions, such as slippery floors, uneven sidewalks, or inadequate maintenance.
• Dog Bites: When a person is bitten or attacked by someone else's dog, they may pursue a personal injury claim against the dog's owner.
• Medical Malpractice: These cases involve injuries or harm caused by the negligence or misconduct of healthcare professionals, including doctors, nurses, and hospitals.
• Nursing Home Abuse and Neglect: Injuries or harm suffered by elderly residents in nursing homes due to neglect, physical abuse, or medical malpractice can lead to personal injury claims.
• Product Liability: When a defective or dangerous product causes injury to a consumer, they may have grounds for a personal injury lawsuit against the manufacturer, distributor, or retailer.
• Workplace Accidentsd: While most workplace injuries are covered by workers' compensation, personal injury claims can arise if a third party (not the employer) is responsible for the injury.
• Catastrophic Injuries: These cases involve severe and life-altering injuries, such as traumatic brain injuries, spinal cord injuries, amputations, or severe burns, which often result in long-term disability and extensive medical expenses.
• Wrongful Death: When someone dies due to the negligence or intentional actions of another party, their surviving family members may file a wrongful death lawsuit to seek compensation for their loss.

Utah Personal Injury Laws

Utah has specific statutes that significantly impact how personal injury claims are filed and settled.

The Statute of Limitations

In Utah, the "clock" for filing a lawsuit is critical. Under Utah Code § 78B-2-307, most personal injury claims must be filed within four years of the date of the accident. However, certain cases have much shorter deadlines:

• Medical Malpractice: Generally two years from discovery (with a maximum of four years from the event).
• Claims Against Government Entities: You may have as little as one year to file a formal "Notice of Claim."

Modified Comparative Negligence

Utah follows a modified comparative negligence rule (the 50% bar). This means you can recover damages as long as your fault is 49% or less. If a jury finds you are 50% or more responsible for the accident, you are barred from recovering any compensation. If you are 20% at fault, your final award will be reduced by 20%.

No-Fault Insurance and PIP

Utah is a "no-fault" state for car accidents. Every driver is required to carry at least $3,000 in Personal Injury Protection (PIP). This coverage pays for your immediate medical expenses and a portion of lost wages regardless of who caused the crash. You cannot sue the at-fault driver for non-economic damages (pain and suffering) unless your medical expenses exceed $3,000 or you suffer a "threshold" injury, such as permanent disability or disfigurement.

The Legal Process of Personal Injury Lawsuit in UT

Navigating a lawsuit involves several distinct phases:

1. Initial Consultation: We review your case, medical records, and the circumstances of the accident.
2. Investigation & Evidence Gathering: Our team collects police reports, witness statements, and expert testimony.
3. Filing the Claim: We submit a demand letter to the insurance company or file a formal complaint in Utah District Court.
4. Discovery: Both sides exchange information, including depositions (sworn testimony) and document requests.
5. Mediation & Negotiation: Most cases in Utah are settled during this phase, often with the help of a neutral mediator.
6. Trial: If a fair settlement cannot be reached, we present your case to a judge or jury to fight for a verdict.

Compensation Available to Injured Victims

Our goal is to ensure you are "made whole" again. Compensation typically falls into two categories:

Economic Damages (Calculable Losses)

• Medical Expenses: Past, current, and future treatments related to the injury.
• Lost Wages: Compensation for time missed at work.
• Loss of Earning Capacity: If your injury prevents you from returning to your previous career.
• Property Damage: Cost to repair or replace your vehicle or personal items.

Non-Economic Damages (Quality of Life)

• Pain and Suffering: Compensation for physical discomfort and emotional distress.
• Loss of Enjoyment of Life: If you can no longer participate in hobbies or family activities.
• Loss of Consortium: Impact on your relationship with your spouse or children.

Note on Damage Caps: Unlike some states, Utah does not cap non-economic damages in most personal injury cases. However, medical malpractice cases are currently subject to a cap on non-economic damages.

Personal Injury FAQs

How much does it cost to hire a Utah personal injury lawyer?

At Pearson Butler, we work on a contingency fee basis. This means you pay nothing upfront. We only get paid if we successfully recover money for you.

The insurance company offered me a settlement. Should I take it?

fInsurance adjusters often offer "lowball" settlements early on, hoping you’ll accept before the full extent of your injuries is known. Never sign a release without consulting an attorney.

What if I was partially at fault for the accident?

As long as you are less than 50% at fault, you can still recover compensation. We specialize in minimizing the "fault" attributed to our clients to maximize their recovery.

Take the First Step Toward Recovery

You don't have to face the insurance companies alone. Our experienced team at Pearson Butler is ready to fight for your rights and the compensation you deserve.

Injured? The caring team at Pearson Butler understands what you are going through. Call (800) 265-2314 for a free, confidential consultation and get knowledgeable insight and guidance.