How Long Do Personal Injury Cases Take to Settle In Utah?
Nearly 95% of Utah personal injury claims are resolved through settlements between the injury victim and the insurance company of the at-fault party. Depending on the cause of the injury, this could be car insurance, medical malpractice insurance, commercial property liability policy, or other insurance coverage.
When a Utah personal injury attorney represents an injury victim in their claim, the insurance company is far more likely to settle than to risk going to court where juries tend to be sympathetic to injury victims.
Expenses pile up quickly after a personal injury in Utah, leaving many injury victims to ask, “How long will it take to settle my personal injury case?”
Investigating the Injury to Prove Liability
Before a personal injury case goes into negotiations for a settlement, the injury victim’s attorney must be well-armed with evidence documenting the at-fault party’s liability. This requires a meticulous investigation into all aspects of the accident and injury. The injury victim has the burden of proving the at-fault party’s liability. This requires providing evidence showing the following:
- That the at-fault party owed a duty of care to the injury victim, like a driver’s duty to follow traffic laws or a store owner’s duty to keep their business free from slip-and-fall hazards
- They breached their duty of care through negligence
- Their negligent breach of duty caused the injury
- The injury victim suffered significant damages from the injury
Once a Utah personal injury lawyer can prove negligence and liability through a preponderance of the evidence, they begin calculating the injury victim’s damages.
Calculating the Damages In a Utah Personal Injury Case
Going to the negotiation table too soon may undercut the injury victim’s compensation claim. While it’s critical to file a claim within time limits like the state’s four-year statute of limitations on personal injury claims, it’s also important to have the full picture of the economic and non-economic damages caused by the injury before negotiating a settlement.
Damages in personal injury claims typically include medical expenses, lost wages, future income loss, compensation for pain and suffering, and sometimes additional damages like traumatic limb loss, the loss of hearing or vision, disfigurement compensation, or compensation for emotional damages like PTSD or diminished quality of life.
Once the injury victim and their attorney have clear evidence of the economic and non-economic damages involved, they move forward through a demand package sent to the insurance adjuster assigned to the case.
Negotiating a Settlement for Personal Injury Damages in Utah
Once the insurance company responds to the demand package, the injury victim’s personal injury lawyer meets with the insurance adjuster to discuss a settlement. A skilled attorney aggressively defends their injured client’s rights and best interests throughout the process. There may be mediation meetings between all involved parties to reach a mutually acceptable settlement agreement. Once the injury victim accepts a settlement, the case is successfully resolved.
Every case is different, and some are far more complex than others. Most Utah personal injury cases reach a settlement within six months to three years after the injury date. Accepting a settlement requires signing away the right to a lawsuit. If the insurance company denies or undervalues the claim and it must go to court, the injury victim must file the lawsuit petition within four years from the date of the injury.
Contact Handy & Handy Today
If you need assistance with figuring out how long it will take to settle a personal injury case in Utah, contact Handy & Handy Attorneys At Law today. We can help you ensure your voice is heard against the insurance company.