The grocery store, a playground or amusement park, the lake, a friend’s house – every single one of these locations can be the site of a Utah personal injury incident. Even a personal injury accident that results in temporary injuries that heal over time can require costly medical treatment and mean days or even weeks of missed work; a serious personal injury incident results in much more severe financial costs and losses.
A personal injury lawsuit brought by one of the Logan, Utah personal injury lawyers at Harris, Preston & Chambers, LLP may result in you obtaining financial compensation for your injuries. Contact our office today for assistance.
What Do I Need to Prove to Obtain Compensation?
In a personal injury lawsuit, you (the injury victim) are known as the plaintiff. Your suit is filed against someone you believe caused your injuries through carelessness or negligence (the “defendant”). In order to have a judgment entered against the defendant, ordering him or her to pay you compensation, you must show that the following four propositions are more likely than not true:
● The defendant owed you a duty of care that required him or her to act in a certain manner. In general, every person owes a general duty of care towards every other person that requires him or her to act in a reasonably careful and prudent manner.
● The defendant breached that duty of care by engaging in behavior that was not consistent with that duty. Conduct that is regarded as negligent or careless is usually considered a breach of the general duty of care.
● The breach caused you to suffer injuries. That is, if you would have suffered your injuries regardless of the defendant’s actions, you may be unable to recover compensation. The defendant must have caused or somehow contributed to your injuries in order for you to be able to recover compensation.
● Your injuries can be compensated through a monetary award. That is, you must show that you suffered some sort of financial loss as a result of the incident. Medical bills and lost wages as well as evidence concerning emotional distress and pain and suffering are all examples of losses that can be compensated.
Common Defenses in Personal Injury Lawsuits
Defendants in personal injury lawsuits in Rich, Weber, Cache, Salt Lake counties can offer a number of defenses that either reduce or eliminate their responsibility for your accident. A skilled personal injury attorney on your side can help defeat these defenses and hold negligent defendants responsible. Some defenses include:
● Denying the defendant caused your injuries (a pre-existing condition is to blame);
● Your injuries are not as severe as you claim;
● You were at fault in the accident; or
● A necessity (i.e., a threatening or potentially harmful situation) caused the defendant to act in the manner he did.
The Logan, Utah attorneys with Harris, Preston & Chambers, LLP are experienced in helping personal injury victims hold negligent and careless parties accountable for the damages and losses they cause.