Do I Have a Case?
Just because you’ve been injured in an accident that doesn’t mean you have an injury claim. There are three essential parts of any injury claim. These three essential parts can be viewed as the legs of a stool — all three legs must be present or the stool cannot stand. Similarly, if any of these three essential parts are missing, you won’t have a viable injury claim.
The law requires the following three items to exist in order for someone to have a valid injury claim:
1) Injuries
The first item required in an injury case is actual injuries. Furthermore, these injuries have to be diagnosed, documented, and treated by legitimate medical providers.
2) Fault
Secondly, the injuries have to have been caused by someone other than the injured party. In Utah, if a person is 50% or more responsible for their own injuries, the law says that they do not have a viable injury claim. It is absolutely essential that someone other than the injured party is determined to be 51% or more at fault for causing the injuries.
3) Source of Recovery
Lastly, the practical item in this formula is the need to have a source of recovery or payment for the injury claim. In virtually all personal injury cases, the source of recovery is insurance. While the at-fault person or company that causes someone’s injuries is financially responsible, it is the at-fault person’s or company’s liability insurance coverage that actually pays the injury claim. If the at-fault person or company does not have liability insurance to pay the claim, financial recovery for the injuries and other related damages is very difficult, if not impossible. The exception to this rule is if someone has been injured in an automobile accident. In that situation, the injured person can utilize their own uninsured motorist coverage if the at-fault driver was uninsured.
If you’ve been injured and are wondering whether or not you have a case, contact us to schedule a free consultation and let us help you evaluate your situation. You can also call us at the number on this website or click the box that says LIVE CHAT.
