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When A Car Accident Court Case Goes To Trial

Posted by on 4:53 pm 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 draw certain conclusions from the case and the evidence that was presented. Jury Deliberation After the closing arguments happen, the jury will then proceed to a room away from the courtroom and will make deliberations on the evidence and witness testimony from both parties in the car accident court case.  In every state, jury deliberations are 100% confidential.  Neither the lawyers, the parties in the car accident court case, nor the judge are present for jury deliberations.  In most cases, a verdict will be met within a few hours, but because there is no set time limit, these deliberations can go on for days at a time. The Jury Reaches A Verdict Once the jury reaches a verdict they will then notify the judge that the deliberations have ended.  The jury is then brought back to the courtroom, where the verdict of the jury is read to both parties. While court cases happen everyday if its something you are new at you may have a hard time understanding how all of this works.  You need someone by your side to...

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Parking Lot Car Accident in West Valley City, Utah

Posted by on 1:08 pm 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 School in West Valley City, Utah. 801-738-9999....

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Car Crash in West Valley City Resulting in Shoulder Injury

Posted by on 11:38 pm 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 my client’s shoulder injury and they offered him their policy limit. My client thanked my at the end of the case for the aggressive manner in which I handled his case. I was happy to do so and look forward to assisting others, especially when the insurance company is not being fair. Call us today if you have an issue like this....

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

Posted by on 4:42 pm 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 deliberate and make a decision as to if you are or are not responsible for the accident. On the other hand, if your case is a bench trial, the judge will present the role of a jury, view the evidence of both parties and come up with a final decision. Appealing The Verdict More often than not if you go to trial and you were not at fault, but you have a trial lawyer you will be represented properly, which also usually means you will win the case. However, if you chose not to hire a trial lawyer or if you lost the trial, you are allowed to appeal the judgment. However, this can be costly and can take even more time. Once the case has a final judgment, that’s it. You cannot go back and try the case again. This is another reason why it’s so important to have proper representation and hire a trial lawyer before the court trial even begins. Hiring a trial lawyer also gives he or she enough time to make sure that all of...

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

Posted by on 2:24 pm 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 involve suing the driver to help you get compensation. 801-738-9999....

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Financial Assistance For Accidental Death

Posted by on 5:13 pm 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 accidental death every 12 minutes. Financial Assistance Losing a loved one is something you might never process fully, but if the deceased was the breadwinner for your family, you will need financial assistance to continue to live in the way you did before the accident happened. Here are a few situations in which a lawyer can get you compensation for: – Medical Expenses: If the victim was not killed but does have medical expenses, compensation can be given to help with this. – Funeral Expenses: On the other hand, if the victim did pass away, you will need thousands of dollars to help with the funeral and burial expenses. – Loss Of Earning: if the victim was the one that brought in the money for the household compensation can be given depending on the current earnings, age and their life expectancy ie; how much money they would have made if they had lived. – Pain and Suffering: Calculating this amount can be confusing, but family members will undoubtedly suffer from the loss of a loved one. An experienced attorney that...

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Car Accident in Southern Utah

Posted by on 2:50 pm in blog, Car Accidents, Personal Injury | 0 comments

I recently helped a couple who were in a car accident in Southern Utah. The couple did not live in the United States and so they had a lot of concerns about how things would be handled, including their medical bills. I believe that they originally did not get a lawyer right after the accident because they did not know that I work on a contingency fee. In other words, the client never has to pay us anything directly, but rather we take a percentage of what we win for the client. They also had some concerns about whether they would win on their case and whether their case was big enough to justify hiring an attorney. I explained to them that I  thought their case was sufficiently large to justify hiring an attorney, as are most accident injury cases. They had cleared the threshold required by Utah law, which is that they each incurred at least $3,000 in medical expenses, absent another statutory qualification. I also explained that according to at least one study, injured parties that have an attorney usually received 3.5 times more money, which clearly makes hiring an attorney the best decision, even when the attorney fee percentage is taken out. Although it was a little tricky to navigate some of the nuisances of assisting clients out of the country, I was able to get them a great resolution. In fact, their settlements exceeded even my expectations when we started their cases. The clients were very happy and I was glad to be able to assist them. Regardless of where you live, or if you are on vacation when an accident happens, you should also get the assistance of a lawyer. The same principles apply if you do not have a drivers license or if you did not get auto insurance, as required by law. Your actions do not excuse the negligence of the person who injured you and they will be held responsible. Call us today-...

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Car crash in West Valley City, Utah

Posted by on 8:16 pm in blog, Car Accidents, Personal Injury | 0 comments

I recently represented a client who was in a car crash in West Valley City, Utah. My client collided with another vehicle in an intersection in West Valley. The insurance company for the other driver claimed  my client was equally at-fault for the accident. At that time, I was not representing this client. My client was extremely upset, because she felt the other driver was the one who was at fault for the accident. Even worse, my client had not paid her own auto insurance bill. Therefore,  her own insurance coverage had lapsed. So she had no option to have her own insurance replace her car or cover her for her substantial injuries. Fearing that she would not get the surgery she desperately needed and  would be left in financial ruin, my client reached out to me. My client did not have a vehicle to drive since her vehicle was a total loss, so I agreed to meet her and her husband at a restaurant by her home in West Valley City. Immediately after meeting with her, I contacted the other insurance company and forcefully explained why their driver– and not my client– was at-fault for the accident. The insurance company initially said they needed to investigate the accident further. This was not acceptable, so I continued to provide evidence as to why the accident was the fault of their insured and repeatedly contacted their insurance adjuster. I also threatened litigation, which we would have pursued if they did not accept responsibility for the accident, as I felt my client had a strong case. Eventually, the other insurance company did accept responsibility for the accident and paid to replace my client’s vehicle. My client went on to get the surgery she needed and has since healed well. Later I was able to get the other driver’s insurance company to tender the limits of their policy as a settlement for my driver. She thanked me repeatedly for my assistance and I was happy to help her out. Feel free to contact me if you have been in an accident. Even if you don’t want or need representation, I’m happy to give you advice on your situation....

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3 Scenarios Where You Should Contact A West Jordan Car Accident Lawyer

Posted by on 3:55 pm in blog | 0 comments

Every state has its own reasons behind why car accidents happen. In the state of Utah, one of the biggest reasons car accidents happen is because of speeding. Speeding has been the #1 factor for car accidents in 2013, 2014, and 2015.  #2  in 2015 was drunk driving, #4 was drunk driving in 2013 and 2014 and the #5 most common reason for accidents in 2013 and 2014 was failure to yield.  These could have been avoided if only people were a little more careful on the roadways. While these accidents could be avoided in the future, one thing you might not be able to avoid is hiring a West Jordan car accident lawyer. If  you’ve been involved in a car accident it will benefit you to hire someone who has knowledge about personal injury law. If you’ve ever wondered why you would need to hire a car accident lawyer for a vehicular accident here are three scenarios in which one might come in handy. Insurance Company Is Not Cooperating If you get into an accident in Utah one of you will be held responsible for the accident. When dealing with an insurance company and a car accident you might find that the insurance company is simply not cooperating in the manner that you had hoped. If the insurance company or carrier that was also involved in the accident is disputing your claim, then its definitely time to hire a West Jordan car accident lawyer. An insurer is more likely to take a claim from a lawyer more seriously.  Your lawyer will also be able to avoid costly mistakes that you might otherwise make by dealing with the accident on your own. Liability Disputes When you are in a car accident, especially in the state of Utah, you have to prove that your claim is true. This means  you will need to gather evidence such as witness statements in order to prove that you were in the right and the other person was in the wrong. Dealing with witness statements and police reports is not always the easiest thing in the world – not only to get a hold of, but to properly understand. Thankfully a West Jordan car accident lawyer can help you get the evidence you need. help you understand the evidence and get testimony from an expert accident Reconstruction professional. When You Have Bodily Harm Done If you’ve been in a really bad car accident and you aren’t just looking for reimbursement for your car, but for any bodily harm done, hiring a West Jordan car accident lawyer can help you to get the lost wages and compensation you really deserve. According to Doctors, something like a spinal cord injury can take any where from $1 million to $5 million dollars for a lifetime of therapy and treatment! If you’ve sustained bodily harm and you need to figure out what the damages really are, this can become quite complex. Which is when a lawyer can come in to help you figure out medical bills as well as lost income, now and in the future. If you need a lawyer to help investigate your car crash and give you the support you need or get the compensation you truly deserve, it’s a good idea to contact call Symkoviak Law Firm at...

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5 Reasons You Need A West Valley City Car Accident Attorney

Posted by on 3:50 pm in blog, Car Accidents, Personal Injury | 0 comments

Most car accident victims will benefit from hiring a West Valley city car accident attorney as soon as a car accident happens. If you’re questioning why a lawyer with experience in this type of law would be beneficial to you, here are a few reasons. Many people that have a car accident think it is best to  handle it on their own. But you may be surprised by all the benefits a lawyer can offer you if you’ve suffered a personal injury from a car accident. A Lawyer Will Become Your Voice From the time you retain a West Valley city car accident attorney until the time your claim is finished, your lawyer will be there every step of the way. Not only will they be your voice if the case goes to trial, but your lawyer will be how you will communicate with the  insurance company and the driver of the other vehicle. It’s important when you get into a car accident – whether it is your fault or not, that you don’t just talk to anyone about the accident, so your own words cannot jeopardize any claims you have.  It’s also important to hire a West Valley city car accident attorney to do the talking for you. Investigation Procedures When a car accident happens you need to gather evidence such as police reports to prove who was at fault. If you are unable to or  don’t know how to go about this, hiring a West Valley city car accident attorney is one of the best options. A lawyer will be able to handle and provide all the evidence for the claim for the insurance company or to prove in front of a judge and jury why you deserve compensation. Evaluation Of Compensation A lawyer will also be the one that will be in charge of figuring out how much compensation you should get.  Emotional distress,  physical bodily harm, or loss of income and more, calculating what you should get can become a long and complex process. A lawyer who deals with this type of personal injury often knows exactly how to evaluate your claim and figure out what type of compensation you should be getting for  lost income or present/future health issues that revolve around the accident. They Will be Your Advocate A majority of car accident are settled out of court.  But, if you have an accident that ends up going to trial, you will need an advocate on your side who will help you with your case and speak on your behalf. Laws Differ From State to State If you’ve recently moved to Utah, you may not be aware of all the different laws and regulations  put into place for insurance companies. These include the right to sue or not sue, or even fault vs no fault claims. if this is the case then you definitely need to consider hiring a lawyer in that state who deals with that states laws daily. Even if you have lived in Utah your entire life, there may have never been a time you were in an accident and will need an experienced professional to help you through the claim. By hiring Symkoviak Law Firm you can rest assured that we will get you the compensation you deserve and be an advocate to help give you support during this stressful time. When you need a Utah personal injury lawyer on your side, call Symkoviak...

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