FONTENOT LAW
Frequently Asked Questions
What should I do immediately after an accident in Bountiful?
First, get medical help even if you don’t think you’re seriously hurt. Some injuries don’t show symptoms right away, and seeing a doctor creates a record of your injuries. If possible, take photos of the accident scene, your injuries, and any property damage. Get contact information from witnesses. Report the accident to the police so there’s an official report. Don’t discuss fault with the other party or apologize, as this could hurt your claim later. Finally, contact a personal injury attorney before talking to any insurance company beyond reporting the basic facts of the accident. Insurance adjusters often try to get statements they can use against you.
Can I still file a claim if I was partially at fault for my accident?
Yes, you can still recover compensation in Utah as long as you weren’t more than 50% responsible for the accident. Utah follows a modified comparative negligence rule. This means your compensation gets reduced by your percentage of fault. For example, if your damages total $100,000 and you were 20% at fault, you would receive $80,000. Your attorney will work to minimize your share of the blame by presenting evidence showing how the other party’s negligence primarily caused the accident. Don’t assume you can’t get compensation just because you might have contributed to what happened. Let a lawyer evaluate your case and explain your options.
How long does it take to resolve a personal injury case?
The timeline varies widely depending on your specific situation. Simple cases with clear liability and minor injuries might settle in a few months. Complex cases involving serious injuries, disputed fault, or multiple parties can take a year or longer. Several factors affect timing including how long your medical treatment lasts, how quickly insurance companies respond to demands, whether filing a lawsuit becomes necessary, and court scheduling if your case goes to trial. You shouldn’t rush to settle before you understand the full extent of your injuries and future medical needs. Your attorney will work efficiently while making sure you get the compensation you deserve.
What if the person who hit me doesn’t have insurance?
Uninsured motorist coverage on your own insurance policy can help in this situation. This coverage pays for your damages when an at-fault driver has no insurance. Your attorney will review your policy to see what coverage you have and file a claim with your own insurance company. In some cases, you might be able to pursue the at-fault person directly, though collecting payment can be difficult if they don’t have insurance or assets. That’s why carrying uninsured motorist coverage is so important. It protects you when others fail to be responsible.
Should I accept the first settlement offer from the insurance company?
Almost never. Insurance companies routinely make low initial offers hoping accident victims will accept quickly because they need money. These early offers rarely account for all your damages, especially future medical care, long-term impacts of your injuries, or non-economic damages like pain and suffering. Once you accept and sign a release, you typically can’t go back for more money even if your injuries worsen or you discover additional problems. Before accepting any settlement, have a personal injury lawyer review the offer and your case. They’ll tell you if the offer is fair or if you should negotiate for more.