Stages Of A Personal Injury Case In UtahUtah Legal News
If you have been injured in an accident, you may consider the option of filing a personal injury lawsuit against the at-fault party. Regardless of whether you were involved in a motor vehicle accident, a slip and fall accident, or a bicycle accident, you may be entitled to compensation to cover various damages related to the incident.
Personal injury attorneys at Siegfried & Jensen understand that accident victims are often overwhelmed in the aftermath of their accidents. For this reason, we work diligently to help alleviate some of the confusion of the legal system in Utah. For over 30-years, we have helped 35,000 victims in Utah file successfully personal injury cases that recovered over $850 million in damages combined.
For individuals who have not dealt with personal injury claims in the past, it is crucial to learn the various stages of the process. Learning the steps ahead of time will ensure you are prepared to go through the entire claims process with a reputable and knowledgeable personal injury attorney by your side.
Stage One: Pretrial
The first stage of a personal injury claim involves preparing for trial. During this stage, attorneys from both sides of the case will convene with their clients in order to find out which version of facts and evidence is available. After the pretrial, conferences and motions may be held in front of a magistrate or a judge. Either side of the case can request these meetings to take place. In some instances, the court itself may request these meetings.
Conferences occur for various reasons in personal injury cases. Sometimes, they are conducted to expedite some of the parts of the case and to discourage any meaningless pretrial activities. Furthermore, conferences are an exceptional tool used for trial preparation and to help bring along a full and fair settlement for a case.
Stage Two: Negotiation
After the pretrial phase, the case moves into the negotiation stage. During this time, attorneys from both sides will convene for a negotiation stage in which they attempt to reach an agreement that both clients accept. Utah personal injury attorneys, and those working on behalf of defendants, who are able to come to a mutual settlement agreement can avoid having to go to trial for their personal injury case. Instead, they can just skip to the settlement phase.
Over 95% of personal injury cases in Utah are settled during negotiations. It is crucial not to be misled regarding the negotiation phase. Although this phase does shorten the time of a case, it can still take several months for attorneys to reach an agreement for a settlement amount. Attorneys who are unable to reach an agreement will move on to the next stage.
Stage Three: Litigations/Trial
The third stage of a personal injury case involves litigations. When a trial is needed, it is typically held in front of a judge alone. In some cases, claimants or defendants are able to request a jury hearing, but it is not always required.
During the litigations process, the claimant will first present their case. After the claimant concludes presenting their case and evidence, the defense will follow. Once the defense concludes their argument, witnesses can be called up to present evidence or facts of the case. Either party has the ability to cross-examine witnesses during litigations.
Stage Four: Settlement Or Final Arguments
After a settlement is reached, or a trial concludes, the case will enter into stage four. In cases where attorneys reached a settlement, this phase will be the point in which everyone signs the proper documents for their case. They will determine a method and time period for funds disbursement. In cases where large settlements are made, this will be the time for claimants to speak with financial advisors who can help them set up investments and savings plans.
If a case went to trial, attorneys would present final arguments for their cases at this phase. The remainder of this stage is spent waiting for a judge or jury to make a decision regarding the outcome of the case.
Stage Five: Appeal Or Post-Judgement Motions
After a case concludes, it enters into the appeal or post-judgment phase. During this time, cases which are settled are completed and require no further action. Cases that go to trial may require some additional steps. In any situation, an attorney can file a motion for appeal if the outcome is not favorable to them. They may also file a motion for a new trial based on various causes.
It is crucial for those injured by negligent or reckless parties to hire an experienced Utah personal injury attorney to help with their case. Working with a qualified and reputable Utah accident attorney will ensure you are able to recover the maximum amount of compensation for your claim.
Damages Available For Personal Injury Cases
Individuals injured by negligent and reckless parties are able to obtain compensation for various damages related to their incidents. Some of the most common awards for damages cover costs associated with:
- Medical expenses;
- Lost wages;
- Lost earnings;
- Pain and suffering;
- Emotional anguish;
- Loss of consortium;
- Property damage; and
- Punitive damages.
Working with a knowledgeable personal injury attorney in Utah will ensure you obtain the maximum amount of compensation for your case.
A Utah Accident Injury Attorney Can Help You
If you were injured in an accident, due to another party’s negligent or reckless acts, it is crucial to contact a personal injury attorney in Utah as soon as possible. Our skilled and knowledgeable accident injury attorneys at Siegfried & Jensen have helped over 35,000 collect over $850 million in damages for their cases, and we are determined to help you get the justice and compensation you deserve.
Since 1990, our attorneys have helped clients file personal injury cases and aggressively negotiate fair and full settlements that enable them to take care of their financial obligations so they can focus on recovering. If you were injured in an accident, by no fault of your own, contact our law firm at (801) 845-9000 to schedule a free case evaluation as soon as possible.