Slip and Fall Injuries

It happens to the best of us:  Wham, bam, before you know what happened, you may be laying on the ground after slipping, tripping and/or falling.  Fortunately, most often the only thing injured is our ego. However, sometimes serious injuries can occur as a result of a slip, trip or fall.  In these cases, the question may arise as to who may be responsible and what may be done about it. You may ask yourself, “Do I need a personal injury attorney?”


Who’s responsible:

Owners of stores, office buildings, restaurants, landlords, and businesses are not expected to ensure or cover any accident or injury that occurs on their premises.  Rather, they may be liable only when they fail in their duty to use “reasonable care” in protecting their patrons or tenants from accident.  More particular, Utah courts have recognized two legal theories under which an injured person may recover against a business owner in a slip-and-fall accident.

The first theory applies in cases involving an unsafe condition of a temporary nature such as a slippery substance on a floor.  The Supreme Court of Utah explains in the case of Schnuphse v. Storehouse Markets, 918 P.2d 476 (1996) that in these situations, liability cannot be established unless two conditions are met.  First, the injured party must show that the business owner knew or should have known of the hazardous condition.  Second, the party must show that the business owner had enough time to remedy the unsafe condition had the owner exercised reasonable care, and the owner failed to do so.  In other words, liability in this type of case will only be imposed when the condition existed for a long enough time that the owner should have known about it and had time to correct it, but didn’t.

The second legal theory giving rise to liability for a slip, trip and/or fall accident involves unsafe conditions of a permanent nature.  For example, if the unsafe condition exists due to the structure of a building, stairway, machinery, manner of use etc, then it may not be necessary for the injured party to prove that the owner was on notice of the hazard.   Moreover, an owner of property may be liable for failing to warn patrons of dangers that are not apparent.  On the other hand, an owner may be partially or fully absolved of liability if fault can be apportioned to the person who fell.  For example, it may be difficult to prove liability if the injured party was impaired by drugs or alcohol or wasn’t paying attention and fell on something that was open or obvious.

Steps should be taken in the event of an accident:

1. Report the accident to management as soon as possible and see that a report is made of the incident.  If a report has not been made, then write a letter outlining the details of the accident. 
2. Obtain photos of accident scene and injuries.  Ask the owner or management if security film exists of the accident and that it be preserved.
3. Get names of witnesses and contact information such as addresses, phone numbers and emails.
4. Seek medical help as soon as is reasonably possible.  Make sure that you let your medical provider know that your injuries resulted from the accident.
5. In most cases it is a mistake to try and settle the claim until the full extent of injuries is known and how much the costs are for current and future medical care lost wages, etc.
6. The property owner, manager or insurer may ask the injured party to sign a release, however, do not sign anything until having it reviewed by an personal injury lawyer.

What am I Entitled To?

What does my own insurance cover?

When you own a vehicle that is insured, regardless of who was of fault in the accident, at a minimum you are entitled to receive (PIP) Personal Injury Protection benefits, also known as no fault. There are 3 main benefits you are entitled to:

1. Medical Expenses up to $3000.00: Regardless of who is at fault, each person injured is entitled to a minimum of $3000.00 for and medical expenses. (Check your policy because some have higher amounts). Medical Expenses can be anything from doctor visits to acupuncture, massage therapy, or medications.
2. Lost Wages of $250.00 per week: Personal injury protection also provides lost wages or loss of earnings’ capacity coverage of $250 per week for a maximum of 52 consecutive weeks. The Utah Court of Appeals has concluded that the 52 weeks runs from the date of the first wage loss, not from the date of the accident. Thus, if the accident occurs on January 1, 1999, but the wage loss does not begin until March 1, 1999, the injured party is entitled to lost wage benefits for 52 consecutive weeks from March 1, 1999. PIP “wages” pay for “any loss of gross income” and “loss of earning capacity per person from inability to work.” In other words, if you are looking for work and you are injured in an accident and medically disabled from work, you have suffered “loss of earning capacity” and are entitled to the PIP lost income benefit.
3. Household Services: Following an accident many people are unable to do their own household chores such as cleaning and yard work. Your insurance will pay up to $20.00 per day for someone to help you keep up your home. This is available for up to one year after the accident. The $20.00 per day can sadly add up quickly. If you need someone’s help, even a spouse or child, you can get reimbursed for the time they spend helping. Even if someone regularly helped out for a few months you could be reimbursed over $1000.00.

The policy language for PIP dictates that insured are covered under the policy for damages incurred: “Arising from the use, maintenance, or ownership of a vehicle”. For example, an insured is ready to go on a trip and as they are putting their suitcase in the trunk, he/she bumps their head, knee, or slips on something, lands on the ground and ends up having knee surgery. He/she is able to claim no-fault benefits because he/she was engaged in the use of the vehicle when they injured their knee. These benefits are available to anyone in the vehicle and even extend to pedestrians.

In addition to No Fault benefits, your insurance may have other benefits to which you are entitled including uninsured motorist coverage, rental car coverage, towing, property damage, etc. So make sure you contact your insurance agent or personal injury attorney to know exactly what you are entitled to. If you feel the insurance company is not giving you everything you deserve contact a personal injury lawyer in Utah. 

How to be Sure You Have Chosen a Great Personal Injury Attorney

Personal injury lawyers receive calls almost daily where injured people just like you have been pushed around by the insurance company until they feel like giving up.

Bob, for example, a young man in college and a member of the armed forces, was on his way home from school when he was hit by a reckless driver who ran a red light and slammed into his vehicle. The airbags deployed and fortunately no bones were broken and no serious injury was reported at the scene of the accident.

Bob went home following the accident with a headache and a ringing in his ears he thought go would away after a good night’s sleep. Unfortunately the ringing in his ears never stopped. He went to a specialist who found permanent hearing loss. It was the doctors’ opinion the ringing in Bob’s ears would never go away.

Bob called the insurance company to see if he could get a settlement for the permanent damage done to him by the reckless driver. The insurance company first denied his claim altogether, claiming his injuries were not serious enough to warrant a recovery. It was only after the insurance company had continued to hassle him, Bob finally called a personal injury lawyer. After pushing the case forward the personal injury attorney was able to get Bob a fair settlement for his injuries.

Since you may be uncertain about whether you have a valid personal injury claim or what to do about it, choose an accident attorney who can offer you a one free hour consultation to review your case and your accident lawyer should also be willing to front all of the costs.

Your personal injury lawyer should discuss how to protect your rights and maximize the value of your case. Make sure your accident lawyer answers all of your questions so you can go forward with confidence and peace of mind about your case.

The personal injury attorney will go over the facts of your case with you, ask you questions and review the police report and any photos, estimates or other papers you may have. Then, after a clear understanding of what happened, they should give you an opinion about your case, including your chances for recovery and any problems. Every case is different and the accident attorney should tell you what is best for you under your specific circumstances.

The attorney should be your Advocate and explain your legal rights and your obligations, what papers need to be filed and what reports need to be made. You should understand the entire claims process, so you’ll know exactly what happens from start to finish.

If the facts are in dispute, your advocate will tell you what can be done to prove your side, and how to protect yourself from insurance adjusters and investigators. Your personal injury attorney should also let you know what to expect in the coming weeks and months, so you can have the information you need to be able to make an informed choice about your case.

Here are 6 things you should expect from your injury attorney in Utah:

1. Available. You can speak with an attorney (not an answering service) right now, even after usual business hours.
2. Responsive. The injury lawyer should respond to your needs to provide the best service possible and keep you informed along the way.
3. Networked. Have a network of medical providers that will help you recover your injuries, even if you do not have insurance.
4. Resourceful. The attorney should have agreements with rental car companies and help you get a replacement car within 24 hours.
5. Industrious. Know the value of hard work and to assist you to make ends meet until you can get back to work.
6. Dedicated. The accident attorney should have the abilities and the experience to take your case as far as it needs to go, even to trial if needed to make the insurance company pay.

Way too many people have wished they had acted sooner before important witnesses’ moves and could no longer be found, before delays or gaps in their medical treatment proved fatal to their case.

Some of these people haven’t gone to an accident lawyer because they did not think they had a case, some were intimidated, and some had bad experiences in the past with other accident lawyers. Contact a personal injury lawyer in Utah who fits these criteria and you will do much better resolving the damages sustained in your accident.

Getting Help Negotiating Your way through the Insurance Claim

As you can imagine, insurance companies want to pay as little as possible and drag out the case as long as possible so they can hold onto their money longer. Almost daily injured people just like you have been pushed around until they feel like giving up, or decide not to do anything. Putting things off and waiting for the insurance company to do everything is one of the worst thinks you can do.

A young woman, named Ellen, was on her way home from work and was in stop and go traffic. The cars ahead of her came to a stop and she stopped at the appropriate time. The driver behind her, however, was not paying attention and bumped into the rear of Ellen’s car. Although she felt a jolt in her neck when the accident happened, she thought it was just whiplash and she would be okay. With virtually no damage done to either car, she thought everything would be ok.

On her way home she decided to go to an Instacare just to get checked out. They took X-Rays and told her everything would be okay. She went home that night and went to bed early because she was not feeling a 100%. The next morning, she received a call from the hospital from the radiologist/specialist who looked at her X-Rays, discovering Ellen had broken her neck. They told her she needed to go directly to the hospital for emergency neck surgery. The doctors fused her back with plates and screws the day after this minor accident. Did the insurance company pay up? No, they fought tooth and nail claiming the accident was too small to cause any real injury. It wasn’t until she went to a personal injury lawyer and they completely investigated her case and hired experts showing how the accident had caused her injuries,that the insurance company paid out well over $100,000 for her medical expenses.

The tragedy in all of this is that there are many people out there just like Ellen. Every year, hundreds, if not thousands of people are injured in automobile accidents, work accidents, slip and falls, or by defective products. In some ways, they’re injured all over again by uncaring insurance companies they’re up against.

Since you may be uncertain about whether you have a valid personal injury claim or what to do about it, choose an accident attorney in Utah who can offer you a one free hour consultation to review your case. Your accident lawyer should also be willing to front all of the costs.

Your personal injury lawyer should discuss how to protect your rights and maximize the value of your case. Make sure your accident lawyer answers all of your questions so you can go forward with confidence and peace of mind about your case.

Utah Personal Injury Attorneys Named Super Lawyer Rising Star

(Salt Lake City, UT) – Recently Utah personal injury attorney Dave Tullis of The Advocates was named a Rising Star in the legal industry by Super Lawyers Magazine as part of the 2010 Mountain States Super Lawyers & Rising Stars. Tullis is trial lawyer with the Advocates, specializing in personal injury, truck and motorcycle accidents. He received his J.D. from the California Western School of Law in 2005.

“I am excited about Dave’s recognition. It shows he and our firm are recognized as top lawyers in the personal injury field,” said Advocates founding partner Matt Driggs. “This honor highlights the remarkable work we do for our clients in the personal injury field and shows the legal community recognizes our ability and integrity.”

Super Lawyers identifies only the top 2.5 percent of attorneys in each state as Rising Stars, chosen by their peers and through the independent research of Law & Politics, focusing on attorney who are under 40 and have been practicing for less than ten years. The objective of the Super Lawyers selection process is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource to assist attorneys and sophisticated consumers in the search for legal counsel. The process is a comprehensive, good-faith and detailed attempt to produce a list of lawyers that have attained high peer recognition, meet ethical standards, and have demonstrated some degree of achievement in their field.

The Utah Advocates at Driggs, Bills and Day is a Utah personal injury law firm with offices in Salt Lake City, Ogden and Provo. The Advocates handle all types of accident case to get clients the results they deserve. The personal injury attorneys at Driggs, Bills and Day have recovered over $100 million dollars on behalf of their clients. The Advocates hold the highest distinction of AV from Martindale-Hubbell law rankings and were named as Legal Elite by Utah Business Magazine.

Dog Bites and Animal Attacks

Dog Bites and Animal Attacks in Utah

If you have been attacked by a dog in Utah or if the dog caused you an injury, (i.e. knocks you over) you have the right to pursue a claim against the dog owner for your injuries. If you have been injured by a dog, you need an Advocate who will help you understand your rights and will help you resolve your claim fairly.

Dog Bites and Other Injuries Caused by Dogs

In Utah the law protects people who have been injured by dogs. Utah code section 18-1-1 makes dog owners or dog keepers responsible for all injuries caused by their dog. You do not have to show that the dog owner was negligent or that the dog had bitten someone before. You merely have to show that the dog caused the injury. Even if it was an accident, the dog owner must pay for the injuries caused by their dog.

Animal Attacks in Utah

If you have been bitten or injured by a cat, bird, snake or any other domestic animal in Utah, you must show that the owner was negligent in order to recover for your injuries. Although more difficult to prove than dog bites, you can still recover if you show the owner was irresponsible or careless. Every situation will be different and it is important to contact a personal injury attorney in Utah to discuss the facts and your rights.

What to do After Being Injured by a Dog or Domestic Animal

1. Seek Medical Attention: Doctors can help minimize infections and can reduce future scaring.
2. Determine the owner of the dog or animal.
3. Contact the local animal control services or report the attack to the police department.
4. Take photos of the injuries and dog, if possible.
5. Determine if the animal is current on all vaccinations.
6. Keep copies of all medical records and bills.
7. Contact the home owner’s insurance company of the dog owner; report the claim.
8. Contact a personal injury lawyer in Utah who is experienced in dog bites or animal attacks. You deserve an Advocate who will help you with all aspects of your claim.