Murray Personal Injury Lawyer

If you or a loved one has been injured due to someone else’s negligence, we are here to fight for the compensation you deserve.

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Why East Millcreek Clients Choose Roberto Hernandez

There is no shortage of personal injury law firms in Utah. What separates one from another is who is actually handling your case and the experience they bring to it.

Before representing injury victims, Roberto Hernandez spent years working on the defense side of litigation, the same side insurance companies rely on when defending claims. That experience gives him insight into how insurers evaluate cases, the arguments they use, and where those arguments often fall short. 

How Personal Injury Law Applies in East Millcreek

Personal injury law allows injured individuals to seek compensation when another person’s negligence causes harm. The same laws apply to any type of accident resulting from negligence, whether it is a car accident on a Salt Lake County road, a slip and fall on an unmaintained commercial property, or any other type of accident.

East Millcreek residents regularly travel along Highland Drive, 3900 South, and nearby Interstate 215. Accidents can occur on busy roadways, in shopping centers, apartment communities, restaurants, and other public or private properties throughout the area. When negligence causes an injury, the consequences often extend far beyond the accident itself.

What Must Be Proven in a Personal Injury Claim?

There are four elements that must be established to have a successful personal injury case:

Duty of Care

The party at fault was legally required to act reasonably in the situation.

Breach of Duty

They failed to meet that obligation through their actions or inaction.

Causation

The failure directly caused the accident and your injuries.

Damage

You actually were injured, either physically, financially, or both.

These elements of a case are only a case when there is evidence to support the facts. Medical records, accident reports, photos, and witness statements are all involved, along with expert opinions. The more convincing and comprehensive the evidence, the better you’ll be able to present your case in court or to negotiate with insurance companies

Compensation Available in Personal Injury Cases

There can be financial repercussions to serious injuries that go well beyond the cost of the injuries. A person’s long-term financial status and quality of life may be impacted by ongoing care, rehabilitation, lost work, and restrictions for years. The goal of a personal injury claim should be to compensate for those losses in full.

Depending on your circumstances, you may be entitled to:

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

Medical Costs:

Emergency treatment, surgical procedures, x-rays, and medication.

How the Personal Injury Claim Process Works

  • Free Consultation: Roberto Hernandez speaks with you about your situation for free.
  • Investigation: The company conducts an investigation of the accident, obtains police reports and determines liability.
  • Evidence Collection: medical records, pictures, and witness statements
  • Negotiation: Most Utah personal injury cases settle without going to court.
  • Litigation: If the insurance company does not pay a reasonable settlement, the case goes to trial.

Frequently Asked Questions

Here are some steps that you can take frequently:

  1. Stay relaxed and check yourself. If you have an injury, call an ambulance.
  2. Go to a secure place out of the flow of traffic until help arrives.
  3. Take clear snaps of your injuries, vehicle, and other damages.
  4. List down the name, contact information, license plate, and driver’s number
  5. Don’t say anything to anyone about the incident except the police. 
  6. Call the police, and if they do not arrive at the scene, file a report. 
  7. Call the insurance company and let them know of your accident.
  8. Hire a personal injury lawyer in case of any dispute.

You can have a valid personal injury case if you have negligence or wrongful actions of others that caused your injury. To report a case, you need to show that a person, an organization, or a business had a duty to act responsibly, and they failed to do so. And as a result, you got damaged. To make a valid injury case, you need each piece of evidence, such as photos,  reports, witness reports, medical records, and other documentation that shows clearly how you got injured and the damages you suffered. As each case has a different perspective, talking with a personal injury lawyer helps you clearly understand your legal rights and determine whether you are entitled to compensation.

In Utah, the statute of limitations for filing a personal injury claim is approximately 4 years. And if you miss it, it means you lose the right to ask for the money permanently. Statutes of limitations also set some exceptions. For instance, if your accident occurred on government property or you have been injured by a government employee, the deadlines and notice requirements may be shorter (i.e., one year). Similarly, if the injured person is a minor, under 18 years old, the deadline may be paused or suspended until they reach the age of maturity.

Yes, definitely! You can still recover the compensation if you were partially at fault. Utah follows a legal standard called “modified comparative negligence.” That’s why, as long as you are found less than 50% responsible for the accident, you can recover compensation. Your final compensation will be reduced by the percentage of your fault. For example, if your total damages are $30,000, and you were found to be 40% at fault, you will get $18,000 (after a 40% reduction). 

In a personal injury case in Utah, you can recover 3 types of compensation or damages. These are as follows:

Economic Damages

  • Medical bills (including future care)
  • Lost wages and earning potential
  • Repair or replacement of your vehicle
  • Rental car reimbursement during repair

Non-Economic Damages

  • Emotional damage
  • Loss of enjoyment
  • Pain and suffering
  • Loss of consortium

Punitive Damages

  • You may be able to recover punitive damages in case the negligent party commits intentional misconduct

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