Utah, like other states, is familiar with car accidents cases, negligence issues and personal injury suits. Figuring out where to pin liability is its own delicate dance. Maybe it was you who was hurt; perhaps it was a family member or friend. Whatever happens during your Utah journeys, if you need assistance for your personal injury case, Enjuris can offer guidance.
Utah Personal Injury Cases & Accident Info
Utah statutes online
This is where you’ll find the Utah Code. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
In Utah, you have four years to bring a personal injury and three years for a property damage claim. That means you have four years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free. (Note that other legal specialties, such as real estate law or estate planning law, are different.) After that, lawyers work on a contingency basis, which means that they will receive a third of the eventual reward, plus whatever office expenses they incur along the way.
If your case proceeds to trial, that percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal significance that came out of Utah's courts:
Tesla Motors UT, Inc. v. Utah Tax Commission, No. 20150792 (2017): This interesting case went to the Utah Supreme Court because Tesla, the electric car company, wanted to sell directly to consumers instead of through third-party dealers. They had almost made it when two weeks before their first dealership opened, they were downgraded to a showroom/service center because of restrictive legislation – the tax commission said that direct sales to consumers were in violation of the state's direct sales law.
Utah v. Strieff, 136 S. Ct. 2056 (2016): This case limited the scope of the Fourth Amendment exclusionary rule, though it carved out one giant exception, as discussed by Justice Sotomayor's "blistering dissent" (as quoted by NPR). Normally a police officer needs at least minimum reasonable suspicion to detain a suspect, but this case changed that. When police noticed Edward Strieff leaving a house they were monitoring (and they had not noticed him entering), they stopped him and realized he had an outstanding warrant for a traffic violation. They conducted a search incident to arrest and found both meth and drug paraphernalia. His attorney argued that the evidence should be inadmissible because there was no reason to suspect him, thus the police lacked reasonable suspicion to stop him in the first place; however, the Supreme Court, voting 5-3, reversed, saying that the outstanding warrant broke that chain and made the evidence admissible. Justice Sotomayor said this corroded our civil liberties.
Utah v. Van Huizen, 2017 UT App 30: This 16-year-old boy was sent to prison for aggravated robbery, where he served as an adult. He was paroled six months later because the judge in juvenile court did not recuse herself for being married to the then-criminal deputy involved in his case. While his cohorts in the home invasion received 120 days and 180 days, respectively, the judge in his case felt that was "too soft" and handed down two concurrent sentences of 1-15 years.
There are many issues you can solve without the help of a lawyer. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.