Legal Question in Personal Injury in Utah
Would I win if I sued the person at fault?
I got in a car wreck, I was not at fault, a lady ran a red light and hit me. It was claimed and everything through our insurance, but my knees are damaged, the Dr. said that I just bruised them badly, but it's been 4 weeks and they still bother me. I'm only 18 and now they are going to probably bother me for the rest of my life. I am going to the Dr. to get them checked again, so there is proof that they are giving me problems. I am just really mad that just because she is careless I will have to suffer for the rest of my life. Can you please give any opinions on if I even have a chance of getting something from this lady, or any suggestions on what I should do. I would appreciate it. Thank you!
2 Answers from Attorneys
Re: Would I win if I sued the person at fault?
Givin the limited facts of your case, you most likely would prevail in an action. However, there are certain things you need to do and procedural hoops you need to jump through. You will need to learn about the PIP (Personal Injury Protection) laws in Utah. I encourage you to seek the help and advice of a lawyer to help you through this.
Re: Would I win if I sued the person at fault?
The first thing for you to do is to get proper medical treatment. You must find out the extent of your injuries and whether the damage is temporary or permanent. Her insurance should pick up the medical bills. Once you know how severe (or not) your injuries are you can make a claim against her. If her insurance is not sufficient to pay for your damages, then you can sue her personally. Your insurance may also have a clause to cover under insured motorists. You have 4 years from the date of the action to file your lawsuit, so there should be plenty of time to get better. Make sure you see a doctor who specializes in knee injuries or has a lot of experience. Do not use a chiropractor since courts and insurance companies consider a medical doctor more reliable.