Being in a car accident may completely reverse your universe.
You suddenly have injuries, insurance claims, and the worry of ensuring everything is covered.
Living in Salt Lake City: knowing how auto accident settlements operate will be very helpful in guiding your life back into order.
Let me walk you through the process so you can deal with it confidently.
And, if you need support – reaching out to a car accident attorney can be a great move.
The Insurance Claim Process
Right after a car accident – you’ll likely start by filing a claim with your own insurance company. Utah follows a “no-fault” system – which means that your own insurance policy’s Personal Injury Protection (PIP) will cover your initial medical expenses and lost wages – up to a certain limit.
This is true regardless of who caused the accident. You may have to go outside the no-fault system to seek full compensation, nevertheless, if your injuries are serious or if your expenditures above this cap.
By now you should have a personal injury lawyer to assist you with the following actions. They will guide you through what could be a complex process of seeking damages from the at-fault driver’s insurance or taking legal action.
Negotiating Settlements
Most car accident cases are resolved through settlements rather than going to court. Settlements save time and stress and often provide fair compensation without a drawn-out legal battle.
Your car accident lawyer will talk to the other driver’s insurance company and try to reach a deal that covers your losses, including medical bills, property damage, and other costs.
If the insurance company doesn’t offer a good amount, though, you might need to take things to the next level. This is when working with a seasoned Salt Lake City car accident law firm becomes even more important. They will push to guarantee that you are not settling for less than what you deserve.
What Happens If You File a Lawsuit?
Even though it can be scary, going to court is sometimes important when talks don’t lead to a good outcome. In general, this is how the process works:
Filing the Lawsuit
Your car accident attorney in Salt Lake City will help you officially file the lawsuit by paying a court fee and submitting the necessary documents.
Serving the Defendant
The case will be officially sent to the other person involved in the accident. This gives them time to get ready for the case and find a lawyer.
Pre-trial Discovery
Both sides exchange information and evidence related to the accident. This stage can include depositions and requests for documents. Your Salt Lake City personal injury attorney will make sure your side is well-prepared.
Negotiating a Settlement
Even during the pre-trial phase, a settlement can still be reached. In fact – about 90-95% of car accident lawsuits in the U.S. settle before going to trial.
Trial
If you can’t come to an agreement, the case will go to trial, where a judge or jury will decide what happened.
Costs Involved in a Lawsuit
Bringing a case has many costs that can add up quickly. These include –
- Filing fees
- Expert witness fees
- And attorney’s fees
Utah’s legal system follows the American Rule – which generally requires each party to pay for their own attorney’s fees, win or lose.
However, there are some exceptions where a judge might order the losing side to cover the other’s legal expenses – especially if there’s evidence the lawsuit was filed maliciously.
Personal accident lawyers usually only get paid if you win your case. This will make sure that your Salt Lake City car accident lawyer puts your needs first and stays driven to get a good result.
Types of Compensation You Can Receive
When pursuing a car accident claim – there are two main types of damages you might seek.
Compensatory Damages
These cover your tangible and intangible losses. Tangible losses include –
- Medical bills
- Lost income
- And property damage
Intangible losses might cover pain and suffering – emotional distress or reduced quality of life.
If the court finds the defendant 80% at fault and you 20% at fault, Utah’s comparative fault law reduces your award by your share of the fault. This means you would receive 80% of the settlement amount.
Punitive Damages
Courts may award these less common damages to punish the at-fault party for particularly reckless behavior, like drunk driving. In Utah, the injured party receives the first $50,000 of punitive damages, while any amount beyond that is split between the victim and the state. Insurance companies typically don’t cover punitive damages – so the at-fault driver might have to pay these out of pocket.
Expert Witnesses and Other Costs
Expert witnesses can be essential for proving your case – especially when a technical explanation is necessary. For example, an expert in accident modeling could show how the crash happened, or a doctor could describe how bad your injuries are.
These witnesses can be pricey—sometimes thousands of dollars just to show up—but what they say can make a big difference in the result. Your car accident attorney in Salt Lake City will discuss these potential costs with you.
When your Settlement isn’t Enough?
Sometimes, insurance companies don’t offer a fair settlement – or they outright deny your claim. When that happens – working with a Salt Lake City car accident law firm to file a lawsuit could be the right move. It’s important to have a skilled lawyer who knows when a lawsuit is in your best interest and when it’s smarter to continue negotiating.
An experienced car accident law firm in Salt Lake City will –
- Evaluate your case
- Weigh the potential costs and benefits of a lawsuit
- And guide you on the best path forward
If you’re in this situation, don’t hesitate to consult with a Personal Injury Attorney for a free evaluation.
Final Thoughts
Salt Lake City car accident settlements can be hard to understand, but understanding how they work will help you make better decisions. Knowing what to do can help you feel less stressed, whether you’re starting with an insurance claim or thinking about a case. Most importantly, if you hire a Salt Lake City car crash lawyer, you won’t have to deal with these problems by yourself.
You can get help from a Salt Lake City Car Accident Attorney if you don’t know what to do next or need advice.
