Signs That You Have a Personal Injury Case

By Mark T. Flickinger, JD on September 14, 2016

A statue of justice on a lawyer's deskThe lawyers of Flickinger Sutterfield & Boulton are here for the people of Provo. Upholding their legal rights and helping them through the legal process is always our primary goal. By working with an experienced personal injury attorney, clients get the legal insight they need to succeed.

Of course, it's important to know if you even have a personal injury case. Let's cover three common signs that you have a personal injury case and some additional considerations.

You Were Injured in Some Way

First and foremost (and most obviously), you will have experienced some sort of injury. This means you have endured a physical trauma of some kind, such as a blow to the head or body, or perhaps some sort of trauma that affects the limbs. This injury can range in severity, and in some cases the injury or injuries can result in long-term physical disability.

The Injury Was Not Pre-Existing

Another important factor to consider is that the injury experienced was not pre-existing. By that we mean that the incident directly led to an injury, and that the injury was not present prior to the incident.

Keep in mind that this doesn't mean an accident can't aggravate an old injury. If you had a previous back injury, for instance, getting struck by a vehicle can aggravate that old injury and cause additional damage to your spine in the process.

Another Person Was Responsible for the Incident

The most important aspect to consider with regard to these matters is that the injury and/or accident was directly caused by another person or entity. A single-car collision caused by the driver's own error is not grounds for a personal injury case. If that collision was the result of a drunk driver running a red light and striking another vehicle, that is a different story.

There needs to be a liable party in the accident, someone or something that can be proven to have exhibited negligence.

Damages to Be Sought

During personal injury cases, damages are sought as a monetary reward following an injury. These damages can cover various expenses incurred as a result of the accident. There are two kinds of damages commonly sought:

  • Compensatory Damages – Compensatory damages are intended to recover material losses related to an accident and injury, such as medical bills, lost wages, property damages, and so forth.

  • Punitive Damages – Punitive damages are intended to punish the negligent party for their actions and are not related to any kind of actual losses per se. It's meant to prevent similar incidents form occurring in the future.

Consider the Statute of Limitations

Personal injury lawsuits must be filed within 4 years of the incident according to Utah law. There are exceptions and different statutes of limitations in place depending on the incident, so sooner is always better.

How a Personal Injury Lawyer Can Help

By working with a skilled personal injury lawyer, you can find out if you have a legitimate legal claim and if it is worth pursuing. In these cases, your lawyer can provide expert guidance through the legal process, allowing you to have confidence during all steps of your case.

Speak with Skilled Personal Injury Attorneys

To learn more about your legal options following a serious injury or accident, be sure to contact our team of personal injury attorneys today. The lawyers of Flickinger Sutterfield & Boulton are here to help clients in their time of need.

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