What Are the Elements Needed in a Personal Injury Lawsuit?

In most personal injury lawsuits, there are four elements that need to be proven in order to be successful:

  •       The at-fault party owed a duty of care to the victim. This means that the at-fault party had an obligation to act in a way that does not put others at harm. For example, a driver of a vehicle has a duty of care to obey all traffic laws in order to ensure other commuters they share the roads with are safe.
  •       The at-fault party breached that duty of care. Still using the above example of a driver and traffic laws, if the driver was speeding, then they not upholding their duty to other commuters to obey all traffic laws.
  •       The victim suffered injuries.
  •       The at-fault party’s breach of duty caused the victim’s injuries. Again using the above example, the at-fault driver was speeding and that disobeying the speed limit resulted in a crash in which the victim was injured.

Regardless of the circumstances of how you were injured, your personal injury lawyers in Salt Lake City, UT will know what elements will need to b proven to be successful in your personal injury case.

What Is Negligence Per Se and How Can It Be Used?

When the at-fault party has broken a law that results in an accident that results in an injury or death, then the courts consider that negligence per se and the four elements do not have to be proven because there is already an assumption that the breaking of the law shows negligence on the part of the at-fault party.

When a driver is speeding, that is a breaking of the law. If their speeding results in a failure to stop in time, causing a crash and injuries to the other driver, negligence does not have to be proven because their violation of the speed limit already shows their negligence.

Keep in mind, however, that even though there has been a breaking of the law (i.e. the at-fault driver was speeding), they still can present evidence to rebut the presumption of negligence. They may even have a justification for breaking the law which could negate their level of negligence. This is why it is critical to have a team of personal injury lawyers in Salt Lake City, UT like the team at Rasmussen & Miner behind you.

When you need a personal injury lawyer Salt Lake City UT residents can turn to Rasmussen & Miner. Guided by decades of experience and a passionate drive to protect the rights of the people, we are a firm that has successfully won thousands of claims. Whether you have been injured in a car accident, at work, or on a sidewalk, you may be able to file a claim with the legal counsel of a Salt Lake City personal injury lawyer from Rasmussen & Miner.

Working with a Respectable Personal Injury Lawyer Salt Lake City UT

At our firm, we don’t treat our clients as another number. We know that they are either victims themselves or they are parents, children, partners, and friends of someone who has been injured from another party’s negligence. As a personal injury lawyer Salt Lake City UT trusts, we understand the emotions and challenges our clients may be facing. We are prepared to offer not only honest legal counsel, but also a friendly shoulder to lean on. Rest assured, we fully prepare when we begin cases against liable people, entities, and their insurance providers. We have the tenacity, confidence, and commitment to pursue maximum compensation for those who need it most. If you’re ready to speak with a personal injury lawyer Salt Lake City UT has to offer, please call us now at (801) 683-9944.

The negligent party’s insurance adjuster has contacted me and is pressuring to make a statement and settle. What should I do?

It’s common for some insurance adjustors to contact victims and make statements such as:

  • You don’t need a lawyer to file a claim.
  • We will give you more money than what a lawyer can get for you.
  • If you hire a lawyer, your claim will take longer to settle.
  • You will not win against our company and team of lawyers so you should settle now.

Although these statements can be incredibly stressful and intimidating, they typically do not bear any weight and are only a form of a scare tactic. The real truth is that these insurance companies do not want you to seek out a personal injury lawyer in Salt Lake City UT provides because in doing so, they will likely have to pay out significantly more money than they would if you settled on your own.

If the insurance adjuster of the negligent party asks you to make a statement or share your side of events, it will be in your best interest to politely decline. You can let them know a personal injury lawyer Salt Lake City UT depends on will be in touch shortly. At this point, if you have not retained a lawyer, it may be time to do so. When you call Rasmussen & Miner, your first phone call is free of charge. If you feel you and our firm is a good match, we may decide to take your claim on contingency, which means you pay nothing unless we win. To schedule your consultation with one of our personal injury lawyers Salt Lake City UT trusts, please call our office today.