If you are thinking about a personal injury lawsuit, then you have a lengthy road ahead of you. In order to make the process as easy as possible, you will need to educate yourself about the laws in your state. For example, here are some of the laws that Utah uses when it comes to personal injury lawsuits:
The Statute of Limitations
One of the most important laws is the statute of limitations. This dictates when you can file your lawsuit. To be more precise, it says that you cannot file a lawsuit if a certain length of time have passed since the date of the incident. This length of time differs depending on what the lawsuit is for. If you were a minor at the time of the accident or didn't actually discover your injuries until long after the accident, then an exception might be made, but it's always best to file early so that you don't miss the deadline.
Minors generally get 4 years from the date that they legally become an adult, since it is impossible for a minor to file a lawsuit on their own behalf.
Discovered injuries are a little more nebulous, since it can be hard to determine what exactly constitutes discovery. If you got cancer after being negligently exposed to carcinogens decades ago, then yo might have a shot, but it can be very difficult to prove that your current affliction is connected to that negligence in the past.
Like every other state, Utah believes that you should be held responsible if you were partially to blame for your injury. Fortunately for you, Utah is much more lenient than other states. In Utah, your compensation will simply be reduced proportionately to your level of responsibility, while other states might go so far as to deny any compensation whatsoever in the event that you are found to bear even 1% responsibility for your injury.
For example, if you were paralyzed in an auto accident involving a drunk driver, you could sue the drunk driver for damages, but you might find your compensation reduced if there is evidence that you were distracted at the time of the accident. For instance, you might have been texting, on the phone, or distracted by a child in the back seat. These could potentially paint you as a negligent party and thus partially responsible for your injuries and medical bills.
If the court finds that you were 20% to blame, then you will lose out on 20% of your compensation. However, there is one more scenario that you need to be aware of, and that is when you bear the majority of responsibility. If that is the case, then you will completely lose out on compensation.
It is important to talk to a lawyer in your state about filing a lawsuit to understand if these policies apply in your state. If you live in Washington, contact a lawyer like William D. Hochberg.Share