Can You Recover Attorney Fees in a Car Accident’s Utah Settlement?
A common question people ask after a car accident is whether they can recover attorney fees as part of their settlement. The simple answer is: No, you generally cannot recover attorney fees in a car accident settlement in Utah. However, there are exceptions, and understanding these rules can help you navigate your case.
The American Rule of Attorney Fees
In Utah, the “American Rule” applies to attorney fees. This means each party is responsible for paying their own attorney fees, regardless of the outcome of the case. This differs from the “English Rule,” where the losing party pays the winning party’s attorney fees.
What Costs Can You Recover?
While attorney fees aren’t typically recoverable, you can claim costs if you win after a jury verdict, bench trial, or judgment. Costs are defined by court rules and may include:
- Filing Fees: Generally around $375.
- Deposition Costs: Expenses for recording witness testimonies.
- Service of Process Costs: Fees for delivering legal documents.
- Exhibits: Costs for preparing and presenting evidence.
💡 Note: Costs are different from attorney fees and are more narrowly defined.
Special Damages in Car Accidents
In car accident cases, special damages refer to financial losses that occur as a direct result of the accident. These do not include attorney fees. Common special damages include:
- Medical bills.
- Mileage to and from medical appointments.
- Property damage to your vehicle.
- Lost or destroyed items in the car.
- Legal interest on money damages.
- Lost back wages.
- Lost future wages or earning capacity.
Exceptions Where You Can Recover Attorney Fees
Although attorney fees are generally non-recoverable, there are specific exceptions under Utah law, such as:
- Slander of Title: Defamation claims involving property ownership.
- Third-Party Litigation Exception: When a third party’s actions cause you to be involved in litigation.
- Employment Contracts: Certain employment agreements allow for attorney fee recovery.
- Insurance Bad Faith: When an insurance company breaches its contract or acts in bad faith.
- Frivolous Litigation: Cases involving bad faith or baseless lawsuits.
💡 Tip: If you believe your case qualifies for an exception, consult an experienced attorney.
Why Hire Jake Gunter for Your Car Accident’s Utah Case?
With nearly 20 years of experience in car accident law, Jake Gunter has the expertise to handle your case and maximize your compensation. From navigating special damages to identifying exceptions where attorney fees may be recoverable, Jake provides comprehensive legal support.
Contact a Car Accident Attorney in Utah Today
If you’ve been injured in a car accident in Utah, don’t navigate the complexities of the legal system alone. Let Jake Gunter’s experience work for you.
📞 Call or Text (801) 373-6345 for a free consultation. We’ll travel to you when needed and fight for the best possible outcome in your case.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.