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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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Back and Neck Injuries in Car Accidents

Posted by on 2:28 pm in blog, Car Accidents, Personal Injury | 0 comments

Back and neck injuries are some of the most common injuries that we see after car accidents. During a car accident, the body is often thrust violently forward or sideways and then back the opposite direction. This movement frequently causes damages to the back and neck. The severity of these injuries greatly varies from accident to accident. Sometimes a person will suffer a soft-tissue or whiplash type injury. The damages can result in more severe injuries that require significant medical attention. Most people who suffer from back and neck injuries will begin with conservative treatment to see if it resolves their pain and problems. Conservative treatment typically refers to chiropractic treatment or physical therapy. If this treatment does not resolve the issues, the next step may include attempting  trigger point injections, an epidural, or similar medications to seek relief. If these and other treatment options do not resolve the issue, surgery may be required. Sometimes, a client will be put under a pain management routine if surgery is not likely to be successful or helpful. One of the things we can assist our clients with is making sure they receive the medical treatment that they need. Some physicians can be dismissive about neck and back injuries from car accidents. However, we can always assist in finding a doctor for a second opinion or help find you to a specialist. The only person who truly knows the pain you are in is yourself. Call us today so we can...

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File Your Claim Before the Utah Statute of Limitations Expires

Posted by on 8:54 pm in blog | 0 comments

Many times, after a tragic car accident or other accidental injury or death, claimants delay on filing a lawsuit because  they are busy focusing on the chaos and turmoil the accident has happened.   While immediate medical attention, comforting of family and friends, and getting your life back into some semblance of order must be first priorities, you shouldn’t delay too long on contacting an experienced personal injury lawyer after a Utah accident. Utah Statutes of Limitations In Utah, as in all other U.S. states, there is a specific time period in which a claim must be filed for various types of accidental property damage, injury, or death. These rules vary from state to state, so it is important to hire a lawyer fully familiar with the way the system works in Utah. Here is the statute of limitations breakdown relevant to possible tort actions in Utah: For medical malpractice injuries, product liability lawsuits, and wrongful death suits the statute of limitations is 2 years. For property damage lawsuits, the statute of limitations is 3 years. For personal injury actions, your claim must be filed within 4 years of the date of injury. In most cases, the clock starts running from the date of the injury, but there are times when it will begin on the date of discovery of the injury or could be delayed (“tolled”) for other reasons. A good injury lawyer will know all of these details and will also know how to go through the legal process of properly filing your lawsuit with speed. Note that when the liable party for an injury is the Utah state government or a state of Utah employee, you only have 1 year to file your claim or lose that right forever.  If the claim is initially declined, you have 1 more year to file an appeal. Other Factors in Utah Personal Injury Suits In addition to the statute of limitations, there are other important legal matters that will affect your ability to be fairly compensated for your injury. Utah is a no-fault auto insurance state.  This means  there are limitations placed on filing claims for auto insurance. If the cost of the injury is low or the injury  not very serious, your own insurance must cover the claim regardless of who was at fault. This would force you to pay a portion of your medical expenses and lost income out of pocket and not collect for pain and suffering (“non-economic”) damages. But a good Utah injury lawyer can help you get past the no-fault rule in many cases by showing that your injury was serious, debilitating, or permanent and by showing the true costs inflicted on you were sufficiently high. You should also be aware that Utah is a “modified comparative fault state.”  This means  your claim will be reduced by the percentage of fault for the accident/injury that is assigned to you (if any). If your fault is deemed at 50% or higher, you cannot collect anything. Not that non-economic damages in Utah are capped at $450,000 in cases of medical malpractice, but not for car accidents or any other cause of injury. Contact Us Today For Help At Symkoviak Law Firm, we have experience in handling Utah personal injury cases and securing the maximum possible reimbursements for our clients. We know how to navigate the...

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Obtener su deducible de seguro de automóvil de nuevo para su reclamación de daños de vehículos?

Posted by on 9:36 pm in blog, Car Accidents, Personal Injury, Uncategorized | 0 comments

¿Cómo obtiene su deducible de seguro de automóvil para su reclamo por daños a la propiedad? Digamos que usted está conduciendo por Redwood Road en West Valley City cuando se detiene en una luz roja. Desafortunadamente, el vehículo detrás de ti no se detiene y te golpea, golpeándote adelante. Su parachoques y el maletero de su coche están completamente destrozados. Ya no puede conducir su coche. El accidente automovilístico no fue tu culpa. Usted llega a la compañía de seguros de la persona que le golpeó y no devolver sus llamadas telefónicas. Usted necesita su coche fijado así que usted puede ir a trabajar, así que usted no puede sentarse alrededor de esperar para siempre para oír detrás de la compañía de la otra persona de seguro. Así que usted decide tener su compañía de seguros para arreglar su coche. Entonces usted descubre que tendrá que cubrir el deducible de $ 250 o $ 500. Pero el accidente no fue tu culpa! Hay algunas opciones. Dependiendo de qué compañía de seguros tiene y la situación con el accidente, algunas compañías de seguros en realidad renunciar a su deducible. Lo hacen porque pueden ver que se les reembolsará de la otra compañía de seguros. Otra opción es llegar a su cuenta de ahorros y pagar el deducible de su bolsillo. Si elige esta opción, asumiendo que el accidente no fue culpa suya, casi siempre obtendrá el dinero deducible más tarde. Tenga en cuenta que a veces el proceso puede tomar un tiempo dependiendo de la rapidez con que su propia compañía de seguros envía una solicitud a la otra compañía de seguros para pagarles todo lo que pagaron para arreglar su vehículo, más su deducible. Aunque normalmente esto sólo toma varias semanas, he visto situaciones en las que este proceso ha tomado varios meses, si no más. Mucho depende de la agresividad de su compañía de seguros. ¿Qué pasa si la compañía de seguros no renuncia al deducible y no tiene el dinero para pagar el deducible de su bolsillo? Aquí es donde tener un despacho de abogados ayudando con el accidente, como el nuestro, puede ser un gran beneficio. Si usted también tiene un caso de lesiones que estamos manejando, podemos arreglar un anticipo en efectivo para cubrir el deducible. Tenga en cuenta que muchas oficinas de abogados no ayudará con estos adelantos en efectivo, pero lo hacemos como un servicio para nuestros clientes. Si esta es su situación, póngase en contacto con nosotros y podemos discutir los detalles de cómo funciona exactamente y cómo puede beneficiarse. 801-738-9999. Esperamos...

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