Personal Injury FAQs

When you’re involved in a personal injury accident, you are bound to have plenty of questions, from what to do when the accident first occurs to how to ensure you get the care and compensation you are due in the long term. The following questions and answers will help you get started…

What do I do after an accident?

If you have been injured in an accident, the most important priority is getting medical attention. Assuming that you are not taken to the emergency room immediately, you should take photos or videos of the accident scene and get the contact information of any witnesses. You should not admit fault or apologize to anyone else who was involved, even if it seems like a polite thing to do. Anything that you say in the aftermath of an accident can be used against you if you pursue a claim or lawsuit later.

Do I have a case if I do not feel hurt?

You may still have a case even if you do not feel hurt at the scene. The biological response to a traumatic situation like an accident sends a rush of adrenaline through the body, which can temporarily reduce sensations of pain. You may start feeling significant pain or developing other symptoms later. It is wise to consult a doctor even if you do not feel immediate, excruciating pain, since some of the most serious conditions emerge over time.

Do I really need a lawyer?

Not every accident requires an attorney. However, if the accident resulted in injuries or significant property damage, it is a good idea to contact a lawyer. The experienced personal injury attorneys at Get Brett® can help you navigate the claims process, which can be lengthy and complex. They will build your case, keep track of your medical records, negotiate with insurance companies, and represent you in court if necessary. Studies have shown that accident victims who hire a personal injury lawyer can receive settlements up to 3.5 times larger than if they settled on their own.

How do I know if I have a case?

The best way to know if you have a case is to speak with an attorney. Get Brett® offers free consultations—you can speak with our qualified legal team to understand what your case is worth without paying a dime. Once you have decided to hire an attorney, we will investigate your accident to firmly establish liability. You do not need to make this decision on your own. Schedule a free consultation with us to go over your situation in detail.

How long will my case take?

Every personal injury case is different. There is no one-size-fits-all solution to accident claims. The length of the claims process will depend on various factors such as the severity of your injuries, the willingness of the other party to settle, the court’s caseload, and more. In general, personal injury cases can take anywhere from several months to a few years. It’s important to schedule a consultation with the Get Brett® team as soon as possible to get your case started and understand Utah’s statute of limitations for personal injury cases.

How much will it cost to hire an attorney?

Your initial consultation with us is always 100% free. There are never any upfront costs or hidden fees when you hire Get Brett®. Our attorneys work on a contingency basis, which means that our attorney fees are calculated as a percentage of your settlement. You will not pay us unless we win your case, and you receive a settlement.

What does the claims process look like?

When you hire Get Brett®, we will begin investigating your accident immediately while you finish medical treatment. Once all evidence and medical records have been compiled, your attorney will send a demand letter to the other party’s insurance company. At this point, negotiations will begin. In many cases, a settlement can be reached during negotiations. If the other party refuses to make a fair offer, you may choose to file a suit. In the litigation phase, our attorneys will represent you in court in front of a judge, jury, and/or arbitrator.

How long do I have to file a personal injury case?

In Utah, the statute of limitations is four years for the majority of personal injury cases. There are some exceptions to the statute of limitations, but they are very narrow, so you should not assume that an exception applies.

What do I do if an insurance adjuster calls me?

You should not speak with an insurance adjuster for someone else involved in the litigation. They may seem friendly and sympathetic, but they are almost certainly trying to coax statements from you that would reduce or eliminate the liability of their insured. Tell the insurance adjuster to contact your attorney, if you have retained an attorney, or contact your insurance company, if you do not have an attorney.

What damages are available in a personal injury case?

The main type of damages is known as compensatory damages, which is further divided into economic damages and non-economic damages. Economic damages are based on tangible, relatively objective costs and losses, such as medical bills, lost income and earning capacity, property damage, and the costs of future treatment. Non-economic damages are more subjective, covering items such as pain and suffering, mental anguish, and lost enjoyment of life. Damages must be reasonably quantifiable to be awarded, rather than being speculative.

How much is my personal injury case worth?

This will depend on the specific nature of your injuries and cannot be ascertained until your case has been thoroughly investigated. You can ask personal injury attorneys in your area for a rough estimate, based on similar cases that they have handled. However, you should be aware that attorneys are prohibited from promising that they will recover a certain amount or otherwise predicting the outcome of a case. Any estimate that you receive likely will be vague and qualified.

What if I had a pre-existing condition?

You can still get damages from someone else who was at fault for the accident. The damages may be reduced to account for the pre-existing condition, but you can hold another person or entity accountable for aggravating the condition. Someone who interacts with you takes you as they find you, so the question of whether someone without your condition would have been injured is irrelevant.

What if I was partly at fault for the accident?

Utah’s comparative negligence law establishes a 50% fault bar. You will be able to recover damages, as long as you were not 50% or more at fault. If you were 50% or more at fault, you will not retain anything from the accident.

How long will it take to settle my claim?

Very few personal injury cases actually go to trial. The overwhelming majority end in a settlement with the defendant or an insurance company. Unfortunately, the time that it takes to reach a settlement is hard to predict and can vary dramatically. As a general rule, a claim that involves substantial injuries and a significant amount of money will take longer to settle because the insurer will fight harder over it. At Get Brett, however, we have a wealth of trial experience and are not afraid to go to trial, if necessary, to secure the compensation you deserve.

What is a release in a settlement?

A release is a document that you sign in exchange for receiving the settlement money. Basically, it provides that you release all of your legal claims against any defendant and their insurer based on this accident.

How long will it take to get my check?

It depends. You should not expect a long delay between getting your settlement and getting your check. Most insurers want to close out their case files efficiently, so they will send out the check within a week or two of signing the settlement agreement.

How do I pay my medical bills until I get my settlement?

Since the insurance for the defendant will not pay bills until liability is established, you will need to cover these expenses initially. You may be able to use Personal Injury Protection (PIP) coverage after a motor vehicle accident.

How do I make up for my lost wages until I get my settlement?

The insurance for the at-fault party will not pay for your lost wages in the immediate aftermath of the accident. You can use PIP coverage if you were injured in a car crash or another motor vehicle accident.

What if the accident happened on the job?

If you were hurt on the job, you may have multiple options for compensation. In most situations, you will be eligible for workers’ compensation benefits through your employer.

Do I need a lawyer for a personal injury case?

Some simple personal injury cases can be resolved without an attorney. However, you probably need an attorney if the facts of the accident are complex, your injuries are significant or unusual, or the at-fault party is contesting liability. To find out for sure, schedule a free consultation with Get Brett today.

How do I pay for a lawyer in a personal injury case?

At Get Brett, we take cases at no charge, collecting our fee as a percentage of any settlement or judgment that we obtain for you. This is known as a contingency fee arrangement.