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When A Car Accident Court Case Goes To Trial

By on Dec 5, 2017 in blog | 0 comments

Most of the time when a car accident claim is filed, the claim is settled before it ever turns into something more.  But, if you happen to have a claim that simply cannot be settled outside of court, you will need to go to court to have it settled. There are many reasons why there might be a car accident court case but one of the more common reasons is when the parties involved cannot agree  on who was at fault and caused the accident to happen.  In other cases, the parties cannot agree on a dollar amount to be settled out of court. If your car accident court case cannot be settled outside of court, then your claim will go to a trial.  If you’ve never been through something like this before you might be wondering how it works or what happens next. Jury Selection In most states, a jury is the one that will look at the case, but before all that happens the lawyers needs to choose people for your trial.  Usually, a jury is comprised of 12 people, but sometimes that number can be lower. The Voir Dire is the first step to your trial.  This is where the jury members are selected.  Potential jurors are asked a bunch of different questions so that the lawyers can learn more about those people.  The whole purpose to this stage is to see if the potential jury members have any prejudices or biases against certain people or situations, which would keep them from being fair and unbiased in the case. Opening Statements In a car accident court case each of the parties is allowed to make an opening statement.  Usually, the plaintiff’s side goes first. Defendants Presentation of Evidence Once the plaintiff’s lawyer has presented all of the evidence for the car accident court case, the plaintiff’s side then rests.  This allows the defendants time to present evidence in the claim. Closing Arguments After each party presents their evidence and witnesses, each side gives a closing argument.  Essentially this is a highlight of all the evidence in the car accident court case that needs to be fresh in their minds of the jurors.  It’s a persuasion to allow the jury to...

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Parking Lot Car Accident in West Valley City, Utah

By on Nov 7, 2017 in blog, Car Accidents, Personal Injury | 0 comments

A little while ago, I represented a client who was injured in a parking lot at Hunter High School in West Valley City, Utah. My client was a student at Hunter High School. During a break in classes, my client climbed on a friend’s car to play around. The friend was in the car and decided to drive forward through the parking lot with my client still on the vehicle. Unfortunately, my client fell off the car and struck his head on the asphalt of the Hunter High School parking lot in West Valley City, Utah. The impact caused injuries to his head and he couldn’t recall the event. The driver, in an attempt to avoid responsibility for driving with my client on the hood, made up a different story of how the events had transpired. That is when my client contacted me. We immediately began gathering facts surrounding the accident, including the Hunter High School incident report. It soon became apparent that the other students involved had been giving inconsistent stories about what occurred that day in West Valley City, Utah.  Finally, the driver admitted to changing the story of events about what had happened, but still claimed my client was responsible for getting up on the vehicle in the first place. We prepared a demand package and sent it to the insurance company. The insurance company decided to offer their policy limit, rather than fight me and my client in court. Because my client was under 18 years old, we then had to get court approval for his settlement. Any settlement to a minor in Utah where the minor will receive more than $10,000 requires court approval and a hearing. Finally, we were able to get the settlement approved and get my client compensated. If you have had an accident or injury, call us today. It doesn’t matter if the car accident happens on a highway, in a parking lot, or in a driveway. We can still assist you. Even if the other person is lying about what happened with the accident, we can usually investigate the facts of the accident and prove that they are not being truthful. Just like this car accident at Hunter High...

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Car Crash in West Valley City Resulting in Shoulder Injury

By on Oct 22, 2017 in blog, Car Accidents, Personal Injury, Uncategorized | 0 comments

Not too long ago I represented a client that was injured in a car accident in West Valley City, Utah. My client was injured when he was hit from behind by another car as he was waiting for a red light. His car was damaged. The trunk was smashed in a little bit, along with his bumper. Because of the way he was holding onto the steering wheel, he also injured his shoulder. The shoulder injury eventually required surgery. After he finished his medical treatment, I presented the insurance company with a demand package and a settlement amount. The insurance company eventually responded that they did not believe my client’s injuries came from the car accident in West Valley City, but rather, were from a previous work injury. While my client did have a previous shoulder injury from work, that injury was a couple years prior and he had been doing well up until the accident. At that point, I knew we were in for a fight with the insurance company. Had my client not hired me, he may have ended up taking a small settlement from the insurance company. I knew he deserved more, especially since he had substantial medical bills from the surgery and because he had missed quite a bit of work. I started the fight against the unfairness to my client by writing letters to his doctors asking for their opinion on the cause of my client’s injuries. Even the first letter from the surgeon did not satisfy the insurance company, so I had to have the surgeon write another letter explicitly refuting the insurance company’s assertions. I also provided the insurance company documents showing the my client’s prior injury was not problematic before the accident. To my surprise, the insurance company continued to deny our argument and would not offer my client the settlement he deserved. Finally, I filed a complaint in court and sent a copy to the insurance company. At that point, the insurance company knew we were serious and indeed we were. We knew a jury would give my client a fair amount. The insurance company apparently did as well. Finally, they admitted the car accident in West Valley City caused...

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When a Car Accident Case Goes to Trial You Need A Trial Lawyer

By on Oct 10, 2017 in blog, Car Accidents | 0 comments

When it comes to an auto accident, most of these claims are settled outside of court. However, if all of the attempts that you put forth fail in resolving your claim, your case will most likely go to trial and you will need a trial lawyer to help you along, not only with the case itself, but with the court trial itself. Below, we talk about what a trial is and why hiring a lawyer is so important. What Is A Trial? A trial is a culmination of proceedings in a personal injury case. During the trial, both parties will be given a chance to present evidence to the court. Once this type of process is finished, the court and the judge will come up with a final decision as to who is in the fault and who is not. Your trial lawyer can better guide you on exactly how the state of Utah and a trial concerning car accidents works. Car accidents will usually be tried one of two ways; 1- You may be tried to a judge – this is called a bench trial. 2- You may be tried to a jury – this is called a jury trial. What Type Of Evidence Will Be Presented? During a trial both the defendant and the plaintiff will be allowed to provide evidence. The evidence can include anything in written form such as police reports, eye witnesses that saw the accident happen, etc. The plaintiff is also allowed to present medical bills and records as well such as treatment from Doctors, medical bills, damages done to you or your car and records of injuries noted by a Doctor. Your trial lawyer can actually be helpful in getting the proper forms and evidence together so that you know exactly what to present to the judge or to the court. There’s nothing worse than having no idea how to handle a case like this, only to have it thrown out (or lose) because you weren’t prepared beforehand. That is why a trial lawyer can be so helpful in cases like these. Jury Deliberation If the case is a jury trial, at the end of the evidence and statements, the jury will...

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Can a passenger make a claim against a driver for a car crash?

By on Oct 10, 2017 in blog, Car Accidents, Personal Injury | 0 comments

Can a passenger make a claim against a driver for a car accident? Here is the situation: You are riding as a passenger in the car your friend is driving. You are heading down Redwood Road in West Valley City, Utah heading to the Valley Fair Mall. Your friend is talking to you and playing with the radio while driving. He does not notice that the traffic light ahead has just turned red.  Unfortunately, he continues through the intersection and your car is hit by another car driving from East to West. That other car had a light that had just turned green.  Fortunately, no one is seriously hurt in the accident, but you are taken to the hospital with a broken arm. At the hospital, they tell you that you will need surgery. You do not have health insurance to pay for your medical bills. What do you do? No one wants to sue a friend, associate, or family member. Fortunately, most of the time we can simply make a claim with your friend’s insurance company and you won’t need to sue your friend. So typically, we will help you with the claim against their insurance. By having a lawyer, the insurance company knows you are serious and will make you a fair offer the vast majority of the time. If the driver is a family member, you may not need to sue them even if you cannot reach a settlement with their insurance. There is a law in Utah that allows claims against family members to be resolved through arbitration, rather than going to litigation or a jury trial. Ask us about the details. I recently represented a client who was making a claim against her husband. Her husband had fallen asleep while driving their vehicle and rolled their vehicle as she rode with him. She was injured and I assisted her in making a claim against their insurance company. As I explained above, we were able to resolve the claim without the need for her suing her husband or going to court. If you have been involved in a car accident as a passenger, please contact us for help. There are many available that do not...

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Financial Assistance For Accidental Death

By on Oct 2, 2017 in Wrongful Death | 0 comments

Losing a loved one to an accidental death can be one of the most difficult situations to go through. It might feel like something has been ripped from your life and things will never be the same again. This is considered a time for grief. But, chances are there are many other things that will need to be done in this time of sadness; from filling out police reports to planning a funeral. It can all get very real, very quickly. You might not even be able to think about anything else including yourself or your future. This is why its so important to hire an accidental death lawyer for your case. Someone that can help support you and think for you in this tragic time. A lawyer will also be able to fight for you so that you can get the financial assistance you will need. What Is Considered An Accidental Death? When an accident happens due to someone else’s negligence, this is an accidental death. But, these types of deaths don’t just deal with your everyday car accidents. They can also revolve around: Truck Accidents: Between the long hours and driving down long barren roads – driving a truck can be a dangerous career option to choose. Somewhere around 3600 “car accidents” that happens each year are done so by truck accidents. Motorcycle Accidents: It just takes a split second – from driving along the road, to being hit by a truck or a car, which can lead to injury, or worse. If you have a family member that was driving a motorcycle and was hit and killed, this is accidental death and the driver of the other vehicle will be held responsible. Bicycle Accidents: Younger people and children are at risk the most when it comes to bicycle accidents. In Utah around 380 people are injured each year when riding a bicycle and around 5 are fatalities. Car Accidents: Car accidents are the most common type of accidental death. Reports by the National Highway Traffic Safety Administration (NHTSA) claim that there are more than 35,000 car accidents in the USA that kill people every single year. On average around 12 people are reported as having an...

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