Do I Have a Personal Injury Case?
If you wish to hold a person or business legally liable for your personal injury in Idaho or Utah, you need to know the laws specific to your area. Protecting your rights begins the moment you realize that you are injured and at Morgan Law Firm we specialize in personal injury law, so we wanted to share some important information with you.
Idaho Personal Injury Lawsuits
Depending on the injury, there are a few laws in Idaho for personal injury that you should be aware of. Known as the ‘one bite rule,’ animal owners can be held liable for injuries caused by their animal if the injured party can show that the owner ‘should have known’ that the animal was dangerous.
Car accident cases in Idaho uses an ‘at-fault’ system and if you’re injured in a car accident, you have multiple options. You may file a claim with your own insurance company, file a claim directly with the other driver’s insurance company or file a lawsuit in court in order to establish fault.
Idaho law allows you 2 years to file your lawsuit, known as the “statute of limitations,” and this time limit generally starts the day of the accident or injury. Failing to file your case within the deadline can mean you lose your rights to take the matter to court at all.
Idaho also has a Comparative Fault Rule where the person or company you filed against can insist that you were at least partly at fault for the accident or injury. If the court assigns part of the fault to you, the comparative fault rule will reduce or eliminate the damages that you’re allowed to collect.
Lastly, Idaho has a cap of $250,000 on non-economic damages in injury cases. However, it is important to note that this cap does not apply to economic damages, like lost wages and medical bills.
Utah Personal Injury Lawsuits
In Utah you actually have 4 years to bring a personal injury case to court but the state does have a Comparative Fault Rule in place. However, Utah follows a no-fault system for car accidents – meaning that no matter who was at fault, your own insurance company will provide coverage for medical expenses and lost income. Unless your case meets a ‘serious injury’ threshold, you cannot hold the other driver liable and most minor accidents fall under the no-fault classification.
Dog owners in Utah are held to a bit stricter law in that owners are ‘strictly liable’ for any injuries caused by their animal. This means that regardless of the animal’s past behavior, the owner is responsible for any personal injury caused by their animal.
There is no cap on non-economic damages for injury cases in Utah other than a $450,000 cap on medical malpractice injury. This cap does not include punitive or economic damages and again, this cap only applies to injuries stemming from medical malpractice.
Where to Turn When Injured
If you suffer a personal injury at the hands of an individual or business, you need someone behind you that specializes in personal injury law. At Morgan Law Firm, personal injury attorney David L. Morgan understands the specific and special needs of clients injured in Salt Lake City and throughout Utah. Visit our website and call us today for a free consultation with an experienced personal injury attorney.