Personal Injury Laws And Statutory Rules In Utah


07 July 2022


Personal Injury Laws

Have you had an accident?

Are you injured badly?

Did the accident make you lose your wages?

And, are all these the result of someone else’s fault?

If Yes, you can file a personal injury claim and ask the at-fault party to compensate the damages. For different states, the personal injury law and case filling vary.

It means you need to know the rules and regulations of the particular state you are living in.

In case you are in Utah, you will have the usual understanding of the basic personal injury rules and regulations in Utah. Here in this article, we will offer you the necessary information about Utah personal injury rules.

So, let’s get started now.  

Filing Utah Personal Injury Lawsuit: Deadline

Just like all the other states, when it comes to filing the claim or case in court after any kind of injury or accident, you have a particular limit of time.

This specific rule of filing the claim within the time period is known as the statute of limitations. As per the statute of limitations, you will have 4 years of time for bringing a personal injury case to court.

 Personal Injury Lawsuit

In case you fail to file your personal injury case within these 4 years, the time period from the day of the injury or accident, the Utah court might refuse to hear your case at all.

It is extremely crucial that you keep track of the statute of limitations. At any cost, you have to ensure that you are filing your Utah personal injury case in court within the particular time period.

To know more detailed information on personal injury claims in Utah and the Utah personal injury Statute of Limitations, you can contact Swenson & Shelley; they will guide you with all legalities.

Shared Fault In Utah Injury Cases

After filing your personal injury lawsuit or insurance claim in Utah, you get to know that the entity or person against whom you are filing your case also insists that you are partly at fault for your injuries.

In case you find out that you are sharing some of the liability for your particular injury, the comparative fault rule of Utah might reduce the number of damages which you might recover from the other party that is at fault.

And, in case you are found to be 50% at fault or more than that, you might be restricted from getting any type of damages at all. Let’s understand this concept with a simple example.

Suppose you met with an accident at the grocery store due to a broken tile. You didn’t see the broken tile and tripped because you were busy scrolling through your Facebook feed. Now, when your personal injury case was represented in court, you were found to be 20% at fault for the particular accident, and the rest of 80% at fault is applicable to the grocery store. 

Now, after calculating the damages, you will not get compensation for the complete damage, or just a part of it, because you were also at fault for that accident. As per Utah’s comparative fault, you will not get compensation for the percentage of your damages that is equal to your at-fault percentage.

So, in case your total damage is $20,000, you will get $16,000 because you were 20% at fault and the other party is 80% at fault for your injury.

Now, in case you are found 50% or more at fault, your compensation will automatically get reduced to “0.” Whenever an injured person is found that be or is sharing fault in a court-based injury case, the comparative fault rule is applicable as per Utah State law.

Caps On Injury Damages In Utah

Like a lot of other states, Utah also caps or limits some particular types of damages in personal injury cases. This is so true specifically for non-economic or pain and suffering in medical malpractice cases.

Personal Injury Lawsuit

You will find all the details regarding this on the Utah Courts website. There you will also get the process of determining the cap for different cases. Here, you also have to keep in mind that the cap does not at all apply to all types of injury cases.

It is applicable only to those coming from any kind of medical malpractice.

The Utah Government Involved Injury Cases

Now, come to the Utah government-involved cases.

If your injury is the result of any government agency or employee’s negligence, a whole different set of rules and regulations will be applied to your personal injury claim. In this case, you will get only 1 year to file your personal injury claim or case that involves the Utah state government.

So, you have 1 year time to file your personal injury case that involves the Utah state government, and in case your initial claim is denied, you will also have 1 year to file an appeal. This one year is calculated from the date of injury or the accident.

A number of injury claims where the Utah government is involved are governed by the Utah Governmental Immunity Act.

Utah Is A No-Fault Car Insurance State

Now let’s talk about the car accident cases. In Utah, a no-fault system is followed. It means that after any car accident injury or damage, the insurance company of the injured person will offer coverage for all medical expenses along with lost income.

Car Insurance State

Here, it doesn’t simply matter which party is actually at fault. The injured person’s own insurance company is bound to pay for the damages.

Unless your case meets a “serious injury” threshold, you can not hold the other driver liable for your injury after a car accident. Therefore, most minor accidents fall under the no-fault rules.

However, if you can demonstrate that your accident case involves “serious injuries,” you might be able to come outside of the no-fault system and also can file a liability claim against the at-fault driver.

To Conclude

Now, you get a basic understanding of Utah personal injury rules and regulations. We know it is a lot to keep in mind. Also, when you are already suffering from injury, it becomes tough to keep track of everything and file a claim.

Here, a personal injury lawyer will be able to help you.


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How Long Does it Take to Get a Divorce in the UK?

This is a question that most people in the initial stages of the divorce process will ask. The best answer is; it depends on your particular situation. But in this post, we will take a look at how long the process should take and what you can do to speed it up brought to you by Goodman Ray. The Myths vs. Reality: 58% of people polled think that it takes years to complete a divorce. But this is normally far from the truth. It is realistically possible to complete the process in as little as four to six months. Uncontested divorces, in particular, don’t take too long to complete since it is often only a matter of filing the paperwork correctly. It is, however, important to note that while the process of ending a marriage can be completed quickly, other processes can take longer. This is true if the couple struggles to resolve matters like finances and matters pertaining to their children. Dedicated Divorce Centers: In the past, divorce petitions were filed at the local county courts and checked by district judges, which was time-consuming. To streamline the process and allocate resources more effectively, this system was recently replaced. Now there are 11 dedicated regional divorce centers whose main task is to process these legal separations. Therefore, if the toy is petitioning for a divorce, you ate required to send your documents to the nearest divorce center. Here, the documents will be processed by legal advisers instead of judges. This new system is aimed at speeding up the first two stages of the divorce process. It is, however, worth noting that you’ll still have to wait 6 weeks and a day to get the decree nisi. How to Speed Up the Divorce Process: Despite the fact that the time it takes to get a divorce can vary, there are several things you can do to speed up the process. The following are just some of the best; If possible, try to get an agreement from your spouse on the reason for filing the divorce petition. If they don’t agree and decide to contest the divorce, the process could take longer than you want. It is also very important to make sure that you file the paperwork on time. This is true for both the respondent and the petitioner. This helps to minimize the wasted time that could add unnecessary time to the process. Also, ensure that you don’t make any mistakes when filling the paperwork. Mistakes can also cause significant delays of anything from 6 t0 8 weeks. This is because you may have to redo the paperwork. It is advisable to get legal help when completing the form to ensure there are minimal errors. Getting Started: The biggest delay in the divorce process often comes at the very beginning of the process, even before either party has filed the petition. This is because most couples, about 76% try to solve the problems in the marriage rather than seek a legal separation. The average couple will spend up to 18 months trying to keep their marriage from breaking down. Getting a divorce is no doubt one of the biggest decisions you’ll have to make and it does require bravery. A survey found that 11% of people will hold back from getting divorced because of the stigma around it. The average person may take up to 2 years thinking about getting a divorce rather than just taking the first step. Finances and Arrangements for the Children: Even after you have your decree absolute, the divorce process itself may not be over. Certain matters including finances and arrangements for the children can complicate the process. Choosing to go to court to resolve these issues can cost you a lot of time and money. It is often a good idea to seek other means of resolving them such as mediation and collaborative law. A prenuptial or a postnuptial agreement can also help. Read Also: How To Get A Cheap Divorce In Texas What Are The Grounds For Divorce In Illinois? Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage


Think Positive: 6 Realistic Benefits of Getting a Divorce

We marry the love of our lives to spend the whole life with them, but not every marriage can sail through the rough waters and see the beach. According to statistics, divorce rates have increased over the years on an unprecedented scale. Have you ever imagined how to get a divorce or arrange a fast divorce? Do you know there are real benefits of getting a divorce? Since you have every chance of getting divorced, you must strive to make sure that it is not a toxic ending. You can look for tips online, and hire a competent and considerate local family law attorney to ensure a divorce settled on decent terms. Pleasant divorces do not impact you as much as toxic divorces, and therefore it gets comparatively easier to move on after a divorce and see it in a positive light. We have listed here six significant benefits of getting a divorce so that the separating spouses have an incentive to reduce resentment in the divorce proceedings. There are also many cheapest way to divorce and you must know it for future needs. 6 Realistic Benefits of Getting a Divorce: 1. You will have the chance to relax: Divorce provides you the golden opportunity to relax because you are relieved from a lot of responsibilities of your spouse and children. Now, you do not have to worry about the whereabouts of your children and spouse. Instead, you can open a bottle of wine and call all your close friends to have an intimate gathering, where you can blow off some steam. 2. You get your freedom back: Even happy marriages entangle the spouses in so many responsibilities that they find it impossible to find time for themselves. You can go out at night to have drinks with your friends without any strings attached. Moreover, you can now pursue all those activities that family responsibilities have prevented you from doing. 3. You can pursue your dreams: Consider how to divorce a new chapter in your life, and make a list of everything you always wished to become in your life. For example, if you wanted to pursue a particular profession like painting, sign up for a painting course in the nearby school. 4. You can get happiness: Being happy is your birthright, and you must strive for everything that makes you happy. If you find yourself unhappy in an abusive marriage, then you should not fear divorce, because you owe it to yourself to feel the happiness again. 5. You will not be stuck with someone unwanted anymore: The primary reason behind an unhappy marriage is that the partners are not compatible, and they are unwelcome in each other's lives. Therefore, getting a divorce saves you from the company of someone whom you do not want in your life. 6. You start loving yourself: We begin to love ourselves when we enjoy our daily routine and the activities that we do regularly. But, marriages often strangle the dreams and desires of spouses, and they end up doing jobs so that they can fulfill financial and social commitments. In the process, they start hating their lives and themselves because they have not been able to pursue their dreams. Therefore, getting independent again and doing what they love to make them fall in love with themselves as well. "Therefore, do not think that divorce is the end of your life; instead, think of it as a new era in which you can work towards your passions and goals without any other worry" Read Also: How Long Does it Take to Get a Divorce in the UK? Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

trademark lawsuit

How Much Does A Trademark Lawsuit Cost?

Businesses use trademarks as a solid weapon as the identity of their products and services to the market. If a competitor infringes on your trademark, you may want to initiate a lawsuit and seek an injunction against them. Unlike other types of lawsuits, a trademark lawsuit is protecting your intellectual property, trademark infringement still exists. Trademark is the individual identity of your brand name, and when someone is going to use it in an illegal way, you can take the help of the trademark lawsuit. Let’s first see what is called trademark infringements. What Is Trademark Infringement? Trademark infringement occurs whenever somebody utilizes your trademark without your authorization. When this happens, you need to seek a trademark lawsuit attorney immediately. You won't have any trouble finding one because they can be found practically anywhere. Every trademark holder has different types of licenses. And for that license, they have to pay a license fee. When the infringements are occurring, some companies are starting to use the trademark symbol with the license and without the knowledge of the authentic trademark holder.  In these types of circumstances, these actions count as criminal activity. If you are confronting this type of incident, you can instantly take the help of the trademark lawsuit to prove your authenticity and to abolish the unauthorized use of the trade names. How To Take Help With A Trademark Lawsuit? If you own a business in New York and wish to sue someone for trademark infringement, you can contact an expert NYC trademark lawyer to assist you in the process of filing a suit. Visit the link to have more information and inquiry. Most trademark lawyers provide trademark services such as trademark searching, applying for a trademark, registering your trademark, renewal, and even trademark opposition. The importance of filing a lawsuit is you can formalize the resolution of your situation. Despite this, most consumers prefer to handle their trademark infringement on their own because they don't want to splurge money when hiring an attorney. However, in such cases, it might lead to more money wasted than it should have. It is important to know how much a trademark lawsuit case will cost before initiating it, as lawsuits can be costly. Here's a rough estimate of what you'll have to spend if you sue someone who uses your trademark. Is A Lawsuit For A Trademark Expensive? Most trademark attorneys charge $250 per hour or more. When it comes to a full-blown trademark lawsuit, it is not uncommon for it to cost well over $20,000, with that sum increasing based on the location and appeals potential.  Certain companies, such as high-end fashion companies whose worth is entirely built on names like Lacoste and Beverly Hills Polo Club, may be able to afford these prices. Experts estimate that the typical cost of a trademark dispute might range from $120,000 to $750,000, plus years of necessary time. The sheer amount of resources required to defend their brand or organization in court can be tiring for any company. In contrast, the cost of a trademark lawsuit case isn't predetermined. Your trademark infringement claim, for example, will most likely be filed in state court if your mark is only being used in one state, and the laws of your state will dictate how your lawyer will reimburse attorneys' fees. In most places, the loser of a case is not required to pay the winning attorney's fees. You'll still have to pay for your lawyer, even if you win. In contrast, if your mark crosses the state, territorial or international borders, you're likely to end yourself in federal court for infringement. Under federal law, a victorious plaintiff can be granted attorney's fees, but only if the trademark infringement is unusual. Conclusion: Trademark litigation is expensive, so before hiring an attorney, think about how and whether a lawsuit is likely to address your problem before taking action. Reconsider if you're committed to spending money, time, and effort to pursue a trademark lawsuit. Trademark lawsuits are always helping you to protect your trademark authenticity. And this is counting as a violation of the rules if you are currently facing any types of problems. You can simply take the help of the trademark lawsuit. Read Also: Top 5 Reasons to File a Hernia Mesh Lawsuit Road Accidents And Personal Injury Lawsuits: How To Fight For Compensation