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Wrongful Death

<p>All Wrongful Death related blogs</p>

West Valley City Car Accident

By on Dec 4, 2018 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

West Valley City Car Accident: As reported by various news outlets, a 19-year old woman tragically passed away in a West Valley City car accident on December 1st. As reported by fox13now.com, “Police said 19-year-old Holly Nickle was traveling southbound in a passenger car on SR-111 when she ran a red light near 5400 South. The passenger car Nickle was driving collided with a pickup truck, leading them to drive off the roadway. When police and the West Valley City Fire Department arrived to the scene Nickle was trapped inside the vehicle. LifeFlight also arrived to the scene, but by the time it landed police say Nickle had died from fatal injuries.” West Valley City Car Accident: 19-year-old woman dies in automobile crash in West Valley City It is always difficult to hear news about fatal car accidents. Condolences to Holly’s family. Although not related to the above West Valley City car accident, this is a good time to remind everyone driving out there to be careful, especially now that winter is here. Texting and driving should never been done. It takes just a few seconds more to pull over into a parking lot and off the road if a text message is urgent. No text message is worth risking your life. I have seen many car accidents in West Valley City, Magna, West Jordan, and Salt Lake City caused by distracted driving or texting. Just don’t do it. Also, slow down in snowy conditions. It is better to arrive a few minutes later than not at all. Do not drive up to the limit of control on snowy roads. You should be able to stop your vehicle, if necessary. If no cars are around you and it can be safely done, check your brakes on a snowy road to see how much stopping time you need. Let’s all drive safer this holiday season. I hope there isn’t even one West Valley City car accident or an accident in Magna, West Jordan, and Salt Lake City....

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Woman Killed in Car Crash In Salt Lake

By on Mar 27, 2018 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

Sadly, several media outlets, including KSL, are reporting that a woman was killed in a car crash when her vehicle hit a concrete barrier on I-80 near 700 East in Salt Lake City. This is near our office in Sugarhouse. According to news reports, the woman was not wearing her seatbelt and was partially ejected from the vehicle. Although it is unknown whether or not a seatbelt would have saved her life on this particular occasion, many studies by the government have shown that seatbelts do save lives. We do not know the reason why she did not have her seatbelt on, nor will I speculate. The point of this blog is to suggest that we can all do better wearing our seatbelts. I have been handling car accident cases in Utah for years and years. Most of my clients are from the West Valley City area or West Jordan, although I have clients in every part of the Salt Lake Valley. I can tell you from my experience, based on the severity of injuries I have seen from my clients, that seatbelts do indeed make a huge difference. Not only do seatbelts prevent death, but they also limit how bad injuries are during an accident. For example, head injuries can be some of the most devastating injuries. Although my clients do survive, they can have severe cognitive and memory limitations for months or even years. This can disrupt everything from work, to school, to even relationships. Many times, although not always, a seatbelt can limit the persons range of movement enough that their head will not strike anything inside the car during an accident, thereby limiting concussions and head injuries. Some will argue that a seatbelt might limit them from escaping their vehicle if they drive into a river or if the vehicle catches on fire. While that is true, you have to examine the likelihood of those circumstances happening. As I mentioned, I have handled a couple thousand auto accident injury cases. I have never seen either of those scenarios in all the cases I have handled. On the other hand, I have seen quite a few cases where passengers or drivers were ejected from vehicles and...

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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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Getting compensation and a settlement after a car accident

By on Jul 31, 2017 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

Let’s talk about getting compensation and a settlement after a car accident. In Utah, you have to have at least $3,000 in medical bills, or meet another qualification, in order to make a claim for pain and suffering. What is pain and suffering compensation? Compensation for pain and suffering is money that you get to compensate you for having to deal with and endure the pain from the accident. It can also include compensating you for not being able to do the things your normal do as you recuperate from your injuries. This is different from compensation for medical expenses or lost wages, which are usually calculated to the exact dollar amount. In contrast, compensation for pain and suffering is subjective. This is the category of damages where it really helps to have an advocate and lawyer working for you. How much should you be given for a back sprain?  Or a whiplash injury? Or a broken forearm? Or a concussion? Certainly the more serious an injury is, the more your settlement is going to be, which makes sense. As an attorney, I have handled thousands of cases, so I have a pretty good idea of what an insurance company might think is fair for pain in suffering. I also have good knowledge of arbitration awards and jury verdicts, so I also know what possibilities and probabilities might await you should you chose that route. Unfortunately, I have met with people and potential clients that did not realize the true value of their case and settled with the insurance company. Depending on the circumstances, once you have agreed to a settlement and signed a release, it can be difficult, if not impossible, to get out of such settlement. You are basically stuck. That is why it is always good to consult with an attorney before you sign anything with the insurance company. As mentioned above, the more serious injuries you have, the higher your settlement will be. This is also true with the more serious medical treatment you undergo. For example, if you have surgery, like a lumbar or cervical fusion, your case could be worth 10 times more than if you did not have such surgery. The reason...

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How Do I Get the Most Money for My Personal Injury Settlement?

By on Jul 9, 2017 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

How do I get the most money for my personal injury settlement? This is a question I frequently hear when I talk with someone who has been in a car accident. The question is justified as there are often past medical bills to pay, future medical bills, and sometimes a lifetime of suffering. The first issue we have to address is what are the insurance company policy limits? According to Utah law, when you are in a car accident, the other driver is required to have insurance.  The insurance of the other driver will have limits on the amount they will pay on behalf of their driver. The limits are typically broken down into separate categories for bodily injury and property damage. For example, in Utah the minimum is $25,000 per person or $65,000 combined for bodily injury. However, the driver may have insurance limits that are much higher, sometimes $100,000 per person or sometimes even a $500,000 combined single limit. Commercial vehicles, such as most semi-trucks, will have insurance limits even higher. It is not unusual to see a $1,000,000 policy or even a $5,000,000 policy. If the other driver does not have sufficient insurance or have any insurance, another type of claim can be made, which will be addressed in a another blog. The next step to maximize your recovery by getting the necessary and proper treatment. If your doctor or the ER doctor recommends that you see a specialist, you should do this, even if you don’t have health insurance. We can arrange for financing or liens so that our clients can get the treatment that they need. If you do not follow your doctor’s recommendations, the insurance company might point out that you are being non-compliant. Sometimes it is also important to get a second opinion. Some doctors can be dismissive of patients who have been involved in car accidents. I have even seen this in the ER. Maybe the doctor or the ER are overwhelmed on that particular day and they just want to get the patient out as soon as possible so they can treat other patients. In those situations, we can help you find a doctor to get a second opinion. It...

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What to Do After the Wrongful Death of your Kin

By on Jan 17, 2017 in Wrongful Death | 0 comments

The term wrongful death refers to a situation where death occurs due to the negligence of a person. If this happens to someone in your family, the insurance should compensate you for the lost life. The insurance money goes to the family left behind to take care of the loss of income that the deceased was providing. Some of the cases that are termed as wrongful death result from: A fatal injury sustained from a defective machine, hazardous chemicals or toxic working environment. A fall as a result of negligent faults in the property such as slippery floors, bumpy carpet or faulty stairs. An incorrect prescription, erroneous medical procedure, wrong/late diagnosis or medical negligence. A motor vehicle crash caused by reckless or drunk driving. The first step to take after the death is contact an attorney. Time is of essence here. Remember the death has already taken away the main witness. If you’re not attentive, the case might slip through your fingers after being unable to prove that the death was caused by the action or inaction of another. The attorney knows exactly what to look out for and where to look. He will quickly get to work and collect details, get eye witness reports, preserve the evidence, engage the police and keep in contact with the insurance company. How much Compensation should you expect? The amount of money an insurance company pays after a wrongful death is mostly defined by the income of the deceased. The compensation will be higher for a high income earner. This is meant to guarantee the family of the deceased that they can continue with the same standard of life they are used to. The insurance should also factor in funeral costs, possible medical bills, plus any physical and emotional anguish that may have been suffered before death. Hiring a legal expert increases your chances of getting your rightful dues. Remember the insurance companies sometimes act in bad faith, while looking for the slightest loophole to avoid payment or at least reduce it to a minimum. An experienced attorney knows how to present a water-tight case that the insurers cannot escape. Symkoviak Law Firm has the right professionals to help you and ensure that you receive your...

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