How To File a Personal Injury Claim Orem, UT | Gunter Injury Law

How to File a Personal Injury Claim in Utah

If you’ve been injured in an accident in Utah, filing a personal injury claim can help you recover compensation for medical bills, lost wages, and other damages. The process starts by gathering evidence—photos of the accident, medical records, and witness statements. In Utah, you typically file a claim with the at-fault party’s insurance first. This is crucial because Utah follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 50% at fault for the accident.

After filing your claim, the insurance company may offer a settlement, but be cautious—initial offers are often low. Negotiation is key, and if the insurer refuses fair compensation, you may need to file a personal injury lawsuit in Utah’s civil court. The statute of limitations in Utah is four years for most personal injury cases, but if the injury involved a government entity, you have only one year to file a notice of claim.

While you can handle the claim yourself, hiring a personal injury lawyer increases your chances of receiving full compensation. Lawyers understand how to navigate Utah’s legal system, negotiate with insurers, and maximize your settlement. If your injuries are serious, a lawyer can also help prove long-term damages such as pain and suffering.

If you’re unsure where to start, consider consulting a personal injury attorney for a free case review. Many work on a contingency basis, meaning you don’t pay unless they win your case. Filing a claim may seem overwhelming, but taking the right steps early can make all the difference in securing the compensation you deserve.

Ways to File a Personal Injury Claim

If you’ve been injured in an accident, there are several ways to file a personal injury claim, depending on the circumstances of your case. The goal is to recover compensation for medical bills, lost wages, and pain and suffering. Here are the most common methods:

1. File an Insurance Claim (Most Common Approach)

The first step is usually filing a claim with the at-fault party’s insurance company. If you were in a car accident, you would file with the other driver’s insurer. In Utah, a no-fault state for auto insurance, you may need to file with your own Personal Injury Protection (PIP) insurance first before seeking additional damages from the at-fault driver.

2. Negotiate a Settlement

After filing an insurance claim, the insurer will likely offer a settlement. Be careful—insurance companies often start with a low offer to minimize their payout. You can negotiate for a fairer amount, but this requires strong evidence, including medical records, police reports, and witness statements.

3. File a Personal Injury Lawsuit

If negotiations fail, you can file a lawsuit in Utah’s civil court. This is often necessary when the insurance company denies your claim or offers far less than your case is worth. Keep in mind that Utah has a four-year statute of limitations for personal injury cases, so you must act within this time.

4. Small Claims Court (For Minor Cases)

If your claim is worth $15,000 or less, you may file in Utah’s Small Claims Court without hiring a lawyer. This can be a faster and less expensive way to recover compensation.

5. Hire a Personal Injury Lawyer

While you can file a claim on your own, a personal injury attorney can handle negotiations, prove damages, and take the case to court if necessary. Many attorneys work on a contingency fee, meaning you don’t pay unless they win.

Understanding your options helps you take the right steps to secure fair compensation after an injury.

What is a Personal Injury Claim?

A personal injury claim is a legal process that allows an injured person to seek compensation when someone else’s negligence or wrongdoing causes harm. These claims typically arise from car accidents, slip-and-falls, workplace injuries, medical malpractice, or defective products. The goal of a personal injury claim is to recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the injury.

In Utah, personal injury claims follow a modified comparative negligence rule, meaning you can still recover damages if you’re less than 50% at fault for the accident. The process usually starts with filing a claim against the at-fault party’s insurance company, followed by negotiations. If a fair settlement isn’t reached, the next step is filing a personal injury lawsuit in civil court. Utah law gives you four years from the date of injury to take legal action, though certain cases, like claims against government entities, have shorter deadlines.

While it’s possible to handle a claim yourself, insurance companies often try to minimize payouts. Having a personal injury attorney can improve your chances of receiving the full compensation you deserve. Many lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case. Whether settling with insurance or taking legal action, understanding your rights and acting quickly is key to a successful claim.

Can You File a Personal Injury Claim Without a Lawyer?

Yes, you can file a personal injury claim without a lawyer, but it comes with risks. If your case is simple, such as a minor car accident with clear liability and low medical costs, you may be able to negotiate a fair settlement directly with the insurance company. The process involves gathering evidence, filing a claim, negotiating compensation, and ensuring all paperwork is properly handled.

However, insurance companies often undervalue claims and may pressure you into accepting a lowball offer. Without legal experience, it can be difficult to accurately calculate damages, especially for future medical costs, lost wages, and pain and suffering. Additionally, if your case involves serious injuries, disputed liability, or a complex legal process, handling it alone could result in a much lower settlement than you deserve.

In Utah, you have four years to file a personal injury lawsuit, but waiting too long or making legal mistakes can hurt your case. If the claim is denied or the settlement offer is unfair, you may need to take legal action in court, which is challenging without legal expertise.

While it is possible to file without a lawyer, having an experienced personal injury attorney can significantly increase your chances of securing maximum compensation. Most lawyers work on a contingency fee basis, meaning you only pay if they win your case—making legal representation accessible without upfront costs.

Learn More About Utah Accident Lawyer Jake Gunter Jacob S. Gunter | Personal Injury Attorney in Provo

For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:

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.