GLOSSARY FOR GUNTERINJURYLAW.COM

Table of Contents

Injury Glossary: Key Personal Injury Terms Explained

  1. Introduction to Insurance Adjusters
  2. Types of Insurance Adjusters
    • Coverage Adjusters
    • Property Damage Adjusters
    • Personal Injury Protection (PIP) Adjusters
    • Bodily Injury Adjusters
  3. Adjuster Interviews: What to Expect
  4. The Role of Arbitration in Personal Injury Cases
    • 321 Car Accident Arbitration
    • UIM/UM Arbitration
    • Dog Bite Arbitration
  5. At-Fault Driver and Liability Coverage
  6. Attorney Fees in Car Accident Cases
  7. Special Considerations: Boating Accidents and Brain Injuries
  8. Understanding Legal Costs and Burdens of Proof
  9. Depositions and the Role of Expert Witnesses
  10. General Damages Explained
  11. FAQs
  12. Conclusion

1. Introduction to Insurance Adjusters | Injury Glossary

Insurance adjusters play a crucial role in adjudicating claims, ensuring compliance with company policies and state regulations. They manage an extensive caseload, often dealing with claims across multiple states. Understanding their roles and responsibilities can help you navigate your insurance claims more effectively.


2. Types of Insurance Adjusters

Insurance adjusters specialize in various aspects of claims, including determining coverage, managing property damage, and addressing bodily injuries. Here’s a breakdown of each type:

2.1 Coverage Adjusters

A coverage adjuster assesses if an insurance policy is applicable for a claim, determining if the event qualifies for compensation under the terms of the insurance policy. Attorneys may be involved to provide coverage opinions.

2.2 Property Damage Adjusters

Property damage adjusters focus on evaluating damage to property resulting from incidents like car accidents. Sometimes, bodily injury and property damage adjusters are the same person, but in other instances, these roles are separated to ensure thorough analysis.

2.3 Personal Injury Protection (PIP) Adjusters

PIP adjusters are dedicated to managing benefits like medical payments, lost wages, household services, and funeral benefits under Utah’s Personal Injury Protection policies, as outlined in Utah Code 31A-22-306 to 309.

2.4 Bodily Injury Adjusters

Bodily injury adjusters manage claims related to personal injury and damages from car accidents. Some insurers combine this role with that of the property damage adjuster to streamline case management.


3. Adjuster Interviews: What to Expect 

After a car accident, insurance adjusters typically conduct interviews with involved parties and witnesses. These interviews are crucial for collecting information and are usually recorded over the phone. While policyholders must cooperate with their own insurer, they are not obligated to assist the adverse liability carrier.


4. The Role of Arbitration in Personal Injury Cases | Injury Glossary

Arbitration offers an alternative to court trials, providing a faster and often more cost-effective resolution for disputes. In Utah, various forms of arbitration exist:

4.1 321 Car Accident Arbitration

Under Utah Code 31A-22-321, plaintiffs can elect arbitration capped at $50,000. This quick process allows for a resolution but limits further asset recovery from the liable party.

4.2 UIM/UM Arbitration

Underinsured Motorist (UIM) and Uninsured Motorist (UM) arbitration in Utah follows the state’s insurance statutes (Utah Code 31A-22-503.5 for UIM and 31A-22-305 for UM). These processes are policy-dependent, often invoking specific rules agreed upon by policyholders and insurers.

4.3 Dog Bite Arbitration

Unique to Utah, this arbitration type addresses dog bite claims under Utah Code 18-1-4. Compensation is capped, and the dog owner’s personal assets cannot be pursued.


5. At-Fault Driver and Liability Coverage

The at-fault driver, responsible for the accident, has their insurance (3rd party or liability carrier) address the claim. Sometimes, multiple drivers may share fault, invoking the Utah Comparative Fault Act.


6. Attorney Fees in Car Accident Cases

In Utah, each party typically bears their own legal costs, following the American Rule. Unlike some jurisdictions, Utah is not a “loser pays” state. Winning your case doesn’t mean the other side covers your attorney fees unless specific conditions apply.


7. Special Considerations: Boating Accidents and Brain Injuries

Accidents involving boats are treated similarly to car accidents in Utah, requiring liability insurance. Brain injuries, such as concussions or Traumatic Brain Injuries (TBI), may not be immediately apparent but can have severe, long-term consequences. A comprehensive medical evaluation is essential for proper documentation and compensation.


8. Understanding Legal Costs and Burdens of Proof | Injury Glossary

8.1 Legal Costs

Post-judgment, Utah Rule of Civil Procedure 54 governs recoverable legal costs like filing, service, and subpoena fees. However, costs for expert witnesses are not covered.

8.2 Burdens of Proof

In Utah car accident cases, the injured party must prove their case by a preponderance of evidence (a 51% standard). Defense parties bear the burden for any affirmative defenses.


9. Depositions and the Role of Expert Witnesses | Injury Glossary

Depositions are sworn testimonies recorded during legal proceedings, often pivotal in personal injury cases. Expert witnesses—such as orthopedic surgeons and accident reconstruction specialists—are crucial for building a compelling case but come with significant costs.


10. General Damages Explained

General damages compensate for losses beyond economic costs, such as pain, suffering, and disfigurement. In Utah, jurors assess these damages based on factors like the extent of injury and impact on quality of life, as outlined in state jury instructions.

11. Punitive Damages Explained

Punitive damages are to deter others from such agregious conduct.  Puntive damages are to penalize the wrongdoer for their reckless, intentional or complete disregard for the safety of others.

12.   Economic Damages Explained

Economic damages are precisely calculateable, like medical bills, lost wages or lost future earning capacity.  Whereas general damages are to make up for the larger picture of compensation needed to make the injured person whole.

13. FAQs

Q1: What are the main types of insurance adjusters in Utah?
A: They include coverage, property damage, PIP, and bodily injury adjusters, each handling different aspects of claims.

Q2: What is the 321 car accident arbitration?
A: It is a statutory arbitration for car accidents in Utah, capping awards at $50,000 and preventing further asset collection.

Q3: Are expert witnesses necessary for car accident cases?
A: Yes, expert witnesses are often essential for providing credible evidence, although their fees are typically not recoverable.

Q4: What is the role of bodily injury adjusters?
A: They handle personal injury claims and sometimes property damage claims, ensuring fair compensation for injuries.

Q5: Can legal costs be recovered in Utah car accident cases?
A: Some costs like filing and deposition fees are recoverable under Rule 54, but expert witness fees are not.

Q6: What is Comparative Fault in Utah?
A: It’s a system where the court determines each party’s level of fault and assigns damages accordingly.


Table of Contents (Part 2) 

  1. Understanding the Governmental Immunity Act in Utah
  2. Hit-and-Run Drivers: Coverage and Evidence Burdens
  3. Hospital Liens: What You Need to Know
  4. Interrogatories and Their Use in Utah
  5. Primary vs. Secondary Insurance Coverage
  6. Lift Share Car Accidents: Insurance Implications
  7. Loss of Consortium Explained
  8. Understanding Liens in Utah Car Accident Cases
  9. Maximum Medical Improvement (MMI)
  10. Medical Providers and Their Roles in Car Accidents
  11. Negligence: Simple vs. Gross
  12. Mediation and the Utah Uniform Mediation Act
  13. Medical Releases and HIPAA Regulations
  14. Insurance Policy Limits and Demands
  15. FAQs
  16. Conclusion

1. Understanding the Governmental Immunity Act in Utah | Injury Glossary

Suing a government entity in Utah involves navigating the Utah Governmental Immunity Act. The act sets caps on compensation and outlines specific procedures for making a claim against state, municipal, or special service districts. These rules are essential for ensuring a successful claim when dealing with governmental agencies.


2. Hit-and-Run Drivers: Coverage and Evidence Burdens

The Utah uninsured motorist statute, found in Utah Code 31A-22-305, outlines the coverage for hit-and-run drivers. Utah recognizes three types of hit-and-run incidents, each with different evidence requirements:

  • No Contact: The driver flees the scene without making contact with another vehicle.
  • Physical Contact: The driver hits another car but leaves the scene.
  • Uninsured Driver: A typical accident occurs, but the driver lacks insurance.

Understanding these classifications is crucial for navigating insurance claims related to hit-and-run accidents.


3. Hospital Liens: What You Need to Know

In Utah, hospitals may place a lien on your claim or lawsuit under Utah Code 38-7-1. This statutory right allows hospitals to secure payment for services rendered. If not addressed, hospital liens can result in additional legal action against you.


4. Interrogatories and Their Use in Utah

Interrogatories are written questions posed to parties involved in a lawsuit. These can only be directed to parties within the lawsuit and serve as a crucial tool in gathering information and building a case.


5. Primary vs. Secondary Insurance Coverage | Injury Glossary

Understanding insurance coverage layers is essential:

  • Primary Insurance: This is usually the policy covering the at-fault vehicle.
  • Secondary Insurance: Common in cases involving ride-share services like Uber or Lyft, secondary insurance mhttps://gunterinjurylaw.com/top-7-utah-car-accident-personal-injury-liens-and-how-to-resolve-with-them/ay apply when a driver is working for a delivery service using their personal vehicle.

These distinctions are vital in cases where the at-fault driver is employed by or driving for a company.


6. Lift Share Car Accidents: Insurance Implications

Ride-share accidents with services like Uber, Lyft, or DoorDash involve unique coverage issues. Secondary insurance policies often come into play when the driver is on the job. Understanding how these policies interact is essential for determining who is liable and what coverage is available.


7. Loss of Consortium Explained | Injury Glossary

Loss of consortium refers to the damages a non-injured spouse, child, or dependent may claim when an injured individual can no longer provide support, companionship, or care due to their injuries. This type of claim can significantly impact the total compensation sought in a personal injury lawsuit.


8. Understanding Liens in Utah Car Accident Cases | Injury Glossary

Liens are a form of secured debt attached to an individual’s claim. In Utah, medical liens can be:

  • Statutory: Like hospital liens.
  • Voluntary/Contractual: Common with chiropractic or physical therapy services.

Knowing the type of lien you’re dealing with can help you understand your obligations and potential legal ramifications.


9. Maximum Medical Improvement (MMI)

MMI indicates that a patient has recovered as much as they are expected to, according to medical professionals. Attorneys typically wait until a client reaches MMI before settling a case to ensure all medical expenses and damages are accurately accounted for.


10. Medical Providers and Their Roles in Car Accidents | Injury Glossary

Utah car accident cases involve various medical professionals:

  • MDs and DOs for general and specialized care.
  • Chiropractors (DCs) for musculoskeletal issues.
  • Physical Therapists (PTs) for rehabilitation.
  • Nurse Practitioners (NPs) and Physician Assistants (PAs) for comprehensive evaluations.

Proper medical documentation and expert testimony from these providers are often essential for a successful personal injury claim.


11. Negligence: Simple vs. Gross

Negligence is a core principle in personal injury cases:

  • Simple Negligence: Failing to exercise reasonable care.
  • Gross Negligence: Showing a reckless disregard for the consequences.
  • Vicarious Liability:  Vicarious liability is where you hold the principle liable for the agent’s actions. Where you hold the employer liable for the employees’ car accident when they are on the job.
  • Respondeate Superior is where you hold an employer liable for the negligence of its employees.
  • Negligence Per Se.  Violation of safety statutes is evidence of negligence per se.

Understanding these distinctions is critical as they impact the damages and compensation you may seek.


12. Mediation and the Utah Uniform Mediation Act

Mediation is a popular method for resolving car accident disputes in Utah. Governed by the Utah Uniform Mediation Act, it involves a neutral mediator facilitating settlement discussions. Mediation is confidential and offers a less adversarial approach compared to court proceedings.


13. Medical Releases and HIPAA Regulations

A medical release, governed by HIPAA (Health Insurance Portability and Accountability Act of 1996), allows third parties to access your medical records. In personal injury cases, signing a release is often necessary, but it remains revocable at any time to protect patient privacy.


14. Insurance Policy Limits and Demands | Injury Glossary

Each insurance policy in Utah has set limits. For example:

  • The state minimum for liability coverage is $25,000 per person and $65,000 per occurrence.
  • PIP (Personal Injury Protection) minimums include $3,000 for medical expenses.

Understanding your policy’s limits and how to make demands or negotiate a settlement within these constraints is crucial for securing appropriate compensation.


15. FAQs | Injury Glossary

Q1: What is the Governmental Immunity Act in Utah?
A: It sets special rules and caps for claims against governmental entities, requiring specific procedures for lawsuits.

Q2: How are hit-and-run accidents covered in Utah?
A: They fall under the uninsured motorist statute with varying evidence requirements based on the nature of the incident.

Q3: What are hospital liens, and how do they affect personal injury claims?
A: Hospital liens are statutory rights that hospitals have to secure payment from your claim, which must be settled to avoid further legal action.

Q4: What is Maximum Medical Improvement (MMI)?
A: It’s the point where a patient is as recovered as they are expected to get, used to finalize and settle injury claims.

Q5: What are the minimum insurance requirements in Utah?
A: Utah requires a minimum of $25,000 in bodily injury coverage per person and $65,000 per occurrence for car insurance.

Q6: What is the role of mediation in Utah car accident cases?

A: Mediation is a confidential and voluntary process for settling disputes outside of court, governed by the Utah Uniform Mediation Act.

Q7:  What are the basic timelines in a contested, filed injury lawsuit?

A:  If a lawsuit is filed it will generally take 1 year to resolve the matter.  If a jury trial is needed, you are looking at possible 2 years.  If you don’t file a lawsuit, then at the earliest, 4 months to resolve your injury claim.


16. Conclusion | Injury Glossary

Navigating insurance claims, governmental immunity, and personal injury lawsuits in Utah requires knowledge of state statutes and procedures. From understanding the nuances of insurance coverage to managing liens and utilizing mediation, being informed is critical to achieving a successful outcome.

Contact Jake Gunter for Your Legal Needs Jacob S. Gunter | Personal Injury Attorney in Provo

If you’re dealing with an insurance claim, personal injury case, or any legal dispute, having an experienced attorney on your side is crucial. Contact Jake Gunter today for a consultation and see how his expertise, backed by the support of the Utah Association for Justice, can empower your case. Jake’s commitment to fair treatment and justice makes him a trusted advocate who will work diligently to achieve the best possible outcome for you.

Don’t leave your case up to chance—call Jake Gunter now and take the first step toward securing your legal rights and fair compensation.