QUESTION: Do I have a car accident case?
ANSWER: There are several legal factors that determine if you have a case.
First. Fault. You must be no more than 49% at-fault for the car accident. If you are 49.2% at-fault, you receive nothing. If you are 50% at-fault, you are barred. You must be 49 percent or less at-fault for the car accident to receive compensation for your injuries.
Second. Damages. You must incur any of the following or you will not have a car accident case for bodily injuries.
(i) death;
(ii) dismemberment;
(iii) permanent disability or permanent impairment based upon objective findings;
(iv) permanent disfigurement;
(v) a bone fracture; or
(vi) medical expenses to a person in excess of $3,000.
Third. Causation. Lastly, the car accident must have caused your injuries and damages. Just because you were already hurt from something else, or had pre-existing injuries prior to the car accident doesn’t mean that you don’t have a claim.
HOW SMALL IS TOO SMALL OF A CASE?
Any working Utah personal injury attorney will have a large amount of car accident cases that value under $25,000. Many cases are just $3,500 in medical bills and injured party has recovered. Other cases there can be lingering injuries, but the medical bills are well under $25,000.