Frequently Asked Questions About Utah Personal Injury Claims
Q. How soon after an injury should I contact an attorney?
A. As soon as possible. Evidence degrades quickly; surveillance footage is overwritten, witnesses’ memories fade, and accident scenes change. Insurance companies also move fast, and early contact from an adjuster seeking a statement or offering a quick settlement is common. Having an attorney in place before you respond to any insurance communication protects your claim from the start and ensures that investigation begins while evidence is still available.
Q. What if I was partially at fault for my injury?
A. Utah’s modified comparative fault rule means partial fault does not automatically bar your recovery; it reduces it proportionally. If you were 20 percent at fault and your damages total $100,000, you can still recover $80,000. The critical threshold is 50 percent: at or above that level, recovery is barred entirely. This makes how fault is documented and argued in your case enormously consequential, which is why having an attorney who pushes back on inflated fault attributions matters from day one.
Q. Do I have to go to court to resolve a personal injury claim in Utah?
A. Most personal injury claims resolve through negotiated settlement before trial. However, the threat of trial, and the credibility of that threat, is what produces fair settlements. Cases that cannot be resolved fairly through negotiation do go to trial, and our attorneys are fully prepared to take them there. The decision of whether to settle or litigate always belongs to the client, made with full information and honest counsel from our team.
Q. How are personal injury attorney fees structured?
A. Personal injury cases at Fontenot Law, P.C. are handled on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for you. Our fee is a percentage of the recovery, agreed upon at the outset. This structure means our interests are fully aligned with yours; we only get paid when you do, and we get paid more when you recover more.
Q. How do I know if my injury claim is worth pursuing?
A. The value of a claim depends on the severity of your injuries, the clarity of fault, the availability of insurance coverage, and the long-term impact of the injury on your life and livelihood. A preliminary consultation with our attorneys, at no cost to you, is the most reliable way to get an honest assessment of whether and how to pursue your claim. We evaluate cases candidly and will tell you directly what we think, rather than overpromising and underdelivering.