Potential clients often consider how much our clients have won before and how much their case could be worth. It is important to understand that settlement amounts vary, and the totals for different cases can’t be compared. The amount you may be able to recover would depend on the laws of Utah, specific injuries, and how strong your claim is. Understanding how these aspects of your claim could affect your recovery would be beneficial before accepting any settlement offer.

Your attorney should be able to answer questions regarding what settlement offers you should or should not accept. A Utah car accident attorney can see what your case includes and can potentially negate what does not apply to your case.

Variable That Defines Case Value

The nature and severity of your injuries are the major factors in any settlement value. For example, whiplash and other soft-tissue injuries fall in the range of $10,000 to $25,000, and broken bones and other injuries with longer healing and rehabilitation times fall in the range of $25,000 to $75,000. Injuries of a significant nature, such as spinal cord injuries, head injuries, or other catastrophic injuries or permanent disability, change the value of your claim to the millions.

There are several other factors that help determine the value of your claim:

  • Medical Bills: You can recover the cost of your medical care, including your emergency treatment and surgery, as well as your physical therapy, prescriptions, and the cost of care you will need in the future.
  • Your Lost Earnings: You can recover the wages that you lost because of the injury, as well as your diminished earning capacity, if you are not able to return to the same job as before.
  • Pain and Suffering: There is no exact science for establishing the amount of pain and suffering. Generally, insurance companies apply a multiplier of your total medical bills in this range.
  • Your Property Damage: Your repair or replacement costs for your vehicle, and the value of your personal property that was in your vehicle, as well.

Relevant documentation like medical records, pay stubs, photographs, and consistent follow-up treatment help strengthen each of the following categories:

Constructing Your Compensation in Utah

As a no-fault insurance state, in Utah, your Personal Injury Protection (PIP) coverage pays the first $3000 of medical bills for you. You can get around the no-fault insurance and go after the other driver only if your medical bills are in excess of $3000 or if you suffered a permanent or serious injury.

After you clear this hurdle, Utah’s modified comparative negligence rule will be applicable. You are eligible to recover damages if you are less than 50% at fault; however, your damages will be reduced according to your percentage of fault. If you are 20% at fault for a $50,000 verdict, you will receive $40,000. You are barred from recovery if you are more than 50% at fault.

The time of your injury also matters. You have 4 years from the time of your injury to file a personal injury lawsuit in Utah, and 3 years for property damage. You forfeit your right to compensation forever if you miss this deadline, no matter how serious your injuries are.

Why Insurance Offers Often Fall Short

Insurance companies use their own formulas to evaluate claims, and their first offer is almost never going to represent the full value of your claim. Some of the more common practices are making low initial offers to induce settlement, disputing the percentage of fault to invoke Utah’s comparative negligence rule, and disputing the medical necessity of treatment.

Most early acceptances are final and mean you cannot pursue higher offers if pain worsens and new complications arise. What most people find helpful about hiring a car accident attorney in Utah is that they assess early offers and pursue construction litigation to serve your overall case interest.

Understand Your Case Before You Settle

The settlement value at the end of your Utah car accident case is not an estimate that is set in stone. It is a combination of each side’s legal arguments and a bit of the art of negotiation. The more documentation you have for your Utah car accident case and the more you know about Utah’s car accident case laws, the more likely you are to receive more.

Before signing anything, schedule a case review with a Utah car accident attorney to see if the offer you were presented is reflective of what your case is worth.