Personal Injury

Unfortunately, accidents that could have been preventable can sometimes have serious effects to family, friends, and loved ones. Regardless of the cause, a significant injury can impact your life in many ways -- physically, emotionally, financially, mentally, and personally. Personal Injury law seeks to protect people who are injured by the negligent or wrongful actions of others. The law requires people to uphold standards of behavior. These standards are defined by what a reasonable person would do in the same situation. When a person does not act according to these standards, he or she may be guilty of negligence and may bear legal liability if an injury occurs.

A personal injury is when an individual, the plaintiff, is injured by a negligent act of another individual, the defendant. The plaintiff who is injured as result of some negligent conduct on the part of a defendant is entitled to recover compensation for such injury from that defendant. Negligence is defined as the doing of something that a reasonably prudent person would not do, or the failure to do something that a reasonably prudent person would do, under circumstances similar to those shown by the evidence. It can also be described as the failure to use ordinary or reasonable care.

What damages you are entitled to?
In Utah, there are typically two main categories of damages that can be recovered by an injured person, that being Compensatory and Punitive.

Compensatory Damages
Compensatory damages "compensate" the injured person for several different kinds of losses. They include: current medical bills, lost wages, anticipated future medical bills, physical pain and suffering (past and anticipated in the future); mental pain and suffering (past and anticipated in the future); disfigurement; physical impairment; and future loss of wages due to permanent injury.

In the case of a minor child who is injured, the parents are entitled to medical expenses incurred by the child [until the child reaches the age of eighteen (18)] and other rare types damages related to the child's inability to contribute to the household's income. However, the minor child is entitled to his/her own damages that include the elements listed in the above paragraph.

Catastrophic injuries (to either the parent or the child) that destroy the usual parent/child relationship can also be an element of compensatory damages.

Punitive Damages
Punitive damages are recoverable in very limited circumstances. They "punish" the wrongdoer for conduct that is intentional or when the wrongdoer acts in a reckless manner in disregard for the rights of others, including the injured person. Oklahoma law places limits on the amount of punitive damages that a jury can assess based upon the nature and degree of the wrongdoer's conduct. Many elements of the wrongdoer's conduct is considered, including the wrongdoers net worth.

The determination of amount of damages an injured person is entitled to varies from case to case. A detailed analysis of medical and other basic information is required in order to make even a basic determination. More detailed information may be needed to further evaluate a case.

If you have been a victim of an accident resulting in personal injury, please contact our firm for a free consultation. All of your information will be completely confidential and your case will receive our top priority in getting you the results you deserve!

Settlements our firm has settled related to Medical Malpractice:
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