If you have been injured in Utah as a direct result of another person's negligence, carelessness or recklessness, you may be entitled to be compensated by the responsible party or their insurance company. For many of our injured clients, this is their first experience in hiring an attorney. Hiring a Utah personal injury lawyer at The Major Firm is the most reliable action you can take if you have been injured. IT's OK TO HIRE A PERSONAL INJURY ATTORNEY to be on your side in your time of need. We can generally resolve most cases without ever going to court or filing a lawsuit.

• We never charge a fee unless we obtain a financial recovery for you.
• Home & hospital visits available.
• Our fee is a percentage of your recovery (contingency fee).
• You owe us nothing if a recovery is not made.
• All consultations are FREE and without obligation.
• All questions will be answered.
• We can settle most cases without filing a lawsuit or going to court.
• We will advance all costs & expenses associated with obtaining the maximum recovery possible.
• We offer aggressive representation.
• Proven record of success in pursuing the rights of plaintiffs in personal injury cases.

People who are injured due to the fault of others should be justly compensated for the damages they have to live with for the rest of their lives. Don't let insurance companies, the media's "anecdotal and misreported descriptions" of a few atypical lawsuits, and tort reform proponents prevent you from hiring a Utah personal injury lawyer to be on your side. All too often, the public is given the false impression that a plaintiff received a windfall, a defendant was financially ruined, or the system failed. Remember the woman who got millions of dollars for spilling her hot McDonald's coffee? Most people's reaction to this case is; "we all have had hot coffee or a hot beverage served to us that has burned our mouth, why should she get a million dollars for spilling it?" Much of what the general public knows and understands about the McDonald's hot coffee case is a lot of distorted hype and not the true facts. No one is in favor of frivolous cases; however, it is important to understand the true facts of this widely misreported and misunderstood case. Here's the whole story:

The woman (Stella Liebeck) was in the passenger seat of her grandson's car when she was severely burned by the McDonald's coffee. The coffee was served through the drive-through window in a Styrofoam cup. The car pulled forward and stopped momentarily so that she could add cream and sugar to her coffee. The cup of coffee was placed securely between her knees as she attempted to remove the lid from the cup. As the plastic lid was removed, the entire content of the cup was spilled into her lap. The coffee just wasn't hot, it was scalding hot (the coffee was served at 180 to 190 degrees Fahrenheit, coffee at that temperature, if spilled, causes the skin to burn away down to the muscle/fatty tissue in two to seven seconds). As a result of the spill, she received third-degree burns over 6% of her body and was hospitalized for eight days, requiring debridement of her wounds, skin grafting, permanent scarring, and disability for more than two years. Despite these extensive injuries, she offered to settle for $20,000.00, but McDonald's refused to settle. The jury awarded $200,000.00 in compensatory damages, reduced to $160,000.00 because the jury found her 20 percent at fault. The jury awarded $2.7 million in punitive damages for McDonald's callous conduct (which equals about two days of McDonald's coffee sales), reduced by the trial judge to $480,000.00. The parties eventually entered into a post-verdict settlement.

It is usually a misconception that victims of automobile accidents do not need lawyers. Until the victim of an auto accident retains an attorney experienced in Utah auto accident law, the insurance adjuster knows that the person they are dealing with is not correctly prepared to file a lawsuit in order to take his/her case to trial. The insurance company is therefore, unlikely to offer fair compensation knowing that an attorney is not involved. Rarely does an accident victim come out ahead in an injury case settlement without consulting an experienced Utah personal injury lawyer.

Many victims of auto accidents try to handle their own personal injury claims, hoping that the insurance companies involved will settle as promptly and fairly as advertised. Unfortunately, not all insurance companies respond in that manner and you need a Utah personal injury lawyer in your corner. Insurance companies' obligations are to their stockholders and policyholders, not to people injured in auto accidents. At The Major Firm, we put our client's interests ahead of the insurance company's.

Insurance adjusters are good at playing games. The insurance adjuster's job is to make the insurance company more money by paying less money to people injured in accidents - the people who need it. Insurance adjusters generally try to take advantage of victims not represented by an attorney experienced in Utah personal injury law. Most insurance policies are very complicated, and insurance companies have well trained and experienced claims specialists who interpret the complex insurance claims in a way which is most favorable to the company. The insurance company game is to delay, delay, delay, until the injured person gets frustrated with the process and goes away. Insurance companies are billion dollar businesses. Therefore, even if the insurance adjuster makes what you believe is a reasonable settlement offer, it may be in your best interest to contact an experienced Utah personal injury attorney at The Major Firm who will fairly and honestly evaluate your case.

It is important to note and understand that people should generally NEVER SIGN anything or agree to any kind of settlement without legal counsel first. Please remember that signing a release of your personal injury claim, in exchange for an insurance company check, may extinguish your personal injury claim forever.

Accident Liability Insurance: The liability portion of a car insurance policy is specifically for defending and settling any claims or paying any judgments rendered against the insured driver in an auto negligence claim. There are two subcategories of liability insurance: bodily injury liability coverage and property damage liability coverage. When a person is injured in an auto accident by the negligence of another, the injured person can make a claim both under the bodily injury liability coverage and the property damage liability coverage of the negligent person's auto insurance policy. A claim for bodily injury and a claim for property damage are two (2) different and separate claims. Liability coverage is not health insurance, and is not designed to pay for medical bills of the injured person. It is designed for a one time settlement or payment to compensate for all of the injured person's injuries and damages. Utah allows compensation for medical bills, lost wages, and pain and suffering damages.

Personal Injury Protection ("PIP"): Built into many auto insurance policies is a "No-Fault" form of health and lost income insurance coverage called Personal Injury Protection or PIP. PIP coverage is available to the insured driver and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. Utah's "No-Fault" was enacted to provide certain immediate benefits for all victims of an automobile accident. An injured person must make their claim to the insurer of the car in which the victim was injured. PIP benefits include:

a. At least $3,000.00 for reasonable and necessary costs for medical treatment.
b. Lost income caused by injury, for up to a year, at the rate of $250.00 per week or 85% of your average income (whichever is less).
c. Household services (essential services): a maximum benefit of $20.00 per day is provided to pay someone else to perform those household tasks which the qualifying injured person would have done if they had not been hurt.

The insurer paying the PIP benefits is usually reimbursed by the insurer of the driver was at-fault or caused the auto accident. All Utah policies are required to include these benefits.

Uninsured ("UM") & Underinsured ("UIM") Benefits: Uninsured (UM) and Underinsured (UIM) benefits may be provided by the accident victim's own insurance policy, and it protects the victim of a car accident against a negligent driver not having liability insurance coverage or having inadequate liability insurance coverage. In the event a motor vehicle accident involves a negligent uninsured driver, the injured victim can make a claim under his own underinsured (UM) motorist coverage, and the victim's own insurance carrier then settles the claim or pays any judgment. If a negligent driver has liability insurance coverage, but the policy limits are less than the actual damages, the accident victim can then make a claim under his/her own policy for what are called underinsured (UIM) motorist benefits. For example, if a negligent driver's policy limits are $25,000.00, and the accident victim has suffered $35,000.00 in compensable damages, then the victim could make a claim under his/her UIM policy for the remaining $10,000.00.

- If the at-fault driver is insured, you may collect from his/her insurance company directly.

If the at-fault driver was NOT insured, you may collect from your own collision insurance. If you had no collision insurance you must arrange to pay for your own vehicle damage. Don't try to collect personally from the other driver without involving us, because acceptance of any payment could be construed to be a release of your claim for personal injury, as well.

- In addition to the cost of repairing or paying a total loss settlement on your vehicle, you are entitled to the fair, reasonable cost of obtaining a substitute vehicle. You can borrow, hire, or rent a comparable vehicle at a reasonable fee.

Insurers may authorize you to get a rental vehicle from someone like Enterprise, and they'll guarantee the payment to Enterprise. They get a special rate and it saves them money.

You are entitled to the cost of the substitute vehicle for: (1) the time required to repair yours, including time spent waiting for repair parts to arrive, OR: (2) the time it takes to get a fair appraisal on your vehicle if it is a total loss (such appraisals generally take 5-15 days).

- If your vehicle is a "total loss" the other driver's insurer is legally obligated to pay the fair market value of your vehicle at the time of the collision. If you owe more than the vehicle is worth, it is your loss. The law does not require anyone to pay more than the damaged property is worth. Today's selling schemes typically allow people to buy vehicles with little down payment, but a higher-than market price and at a higher interest rate. Thus, when a buyer has a total loss, he discovers that he paid too much for the vehicle and owes more than it is worth. This situation is unfortunate, and there is very little we can do to "cure" a bad car deal.

- Do not have your vehicle repaired until you are sure that pictures have been taken of the damage. Once pictures are obtained, you may have your collision insurance carrier repair your automobile.

Keep your medical appointments! The good will and cooperation of your doctor and his/her staff is essential to proving your injury and obtaining accurate medical reports. If you have doubts or concerns about the effectiveness of treatment, call your attorney to discuss it. Also, it is extremely important to the presentation of your case and your physical recovery that you treat consistently and do not allow gaps to develop in your treatment. Always comply with all reasonable medical orders and never exaggerate your pain or any symptoms that you experience to your doctors-it will only hurt your case.

It is extremely important to document and preserve evidence in a personal injury or medical malpractice claim. Always take photographs of your case, such as photos of injuries, bruises, scars, location of the accident, damage of the vehicle, or any evidence that you or any of your friends have taken. Always preserve and keep any physical evidence that may help you prove your claim. Never give any evidence to the insurance company until you have first consulted with legal counsel. Always keep an updated list of the correct names, addresses, and telephone numbers of any and all witnesses you discover.

Your case is worth either what you agree with the insurance company it's worth or the amount granted by a judge or jury. We examine all of the conditions surrounding your case in order to arrive at a figure that we believe an insurance company should pay you for your injuries. Generally, the dollar value of a case is dependent on the type and extent of injuries, the amount of medical bills, length of treatment, frequency of treatment, future medical bills, permanent disabilities, and any other damage that can be documented. Utah allows compensation for medical bills and medical treatment, lost wages, and pain and suffering damages.

Be patient. Personal injury claims can vary in length from weeks, months, to even years in some cases. Typically, you will be compensated after you have healed from your injuries and have been released by the doctor. This is the best way you can be assured of receiving full compensation for your injuries. The Major Firm wants you to get full compensation for your injuries, so we generally wait until treatment is completed before telling the insurance company how much your case is worth. While we wait for your treatment to be completed, we gather all of the critical information that increases the value of your case. We constantly do everything we can to move your case forward toward settlement.

If the insurance company agrees to a fair settlement recovery and the client wishes to settle for that amount, then the case will not go to court. We are skilled at negotiating settlements without the need of prolonged litigation. Generally, we can resolve most cases without going to court or filing a lawsuit, but some cases do require a formal trial proceeding before a judge and jury. The Major Firm prepares all of our cases as if they are going to court, and this is the very reason why most of our cases get settled outside of court. In the event the insurance company is not willing to negotiate fairly, and their offer is less than what the client would probably receive in court from a jury, we will explain all of the available options including mediation, arbitration or trial.

- Mediation is an out-of-court dispute resolution method that helps opposing parties resolve their disputes without going to court. Mediation is non-binding, meaning the mediator does not have authority to render a binding decision on the parties. In mediation, a neutral third-party, "the mediator", will work with both parties to try and facilitate a mutually satisfactory resolution of the case.

- Arbitration is another out-of-court dispute resolution method that uses a neutral third-party "arbitrator" to decide a case. Arbitration is binding, meaning the arbitrator has authority to render a binding decision on the parties. The procedures and rules of evidence used in arbitration are less formal than those used in trial courts. Arbitration, sometimes may lead to a faster, less expensive resolution of a case in place of trial.

Sometimes trial by jury is the best available option to obtain the compensation that an injured victim deserves. Civil jury trials in the state of Utah are litigated before a judge and eight (8) jury members. The decision of the judge and jury constitutes a permanent and final resolution of the claim between the parties, and the parties are thereafter bound by the decision. Automobile accident lawsuits in Utah must be filed against the negligent driver as the named defendant (the negligent driver's car insurance company cannot be named as a defendant). Utah does not permit a jury to hear or learn that there is car insurance coverage for the defendant. However, even though the insurance carrier is not named as a defendant, it has a duty to defend the claim by hiring an attorney to represent the negligent defendant. If a jury renders a verdict in the auto accident lawsuit in excess of the defendant's policy limits, the defendant is then personally liable for the excess of the verdict over his/her insurance policy limit. For this reason, it is strongly in the best interests of the negligent driver to have his/her own insurance carrier settle the auto accident claim within the policy limits coverage, rather than proceed to trial in the accident lawsuit. The law imposes on insurance carriers a duty to exercise good faith in seeking to settle claims within the policy limits of their insured's policy. It is considered bad faith for a liability insurance carrier to refuse to settle a claim within policy limits and potentially leave their insured exposed to an excess verdict. Under these circumstances, the liability insurance company may be sued for its bad faith failure to settle the negligent driver's claim within the policy limits.