Utah Personal Injury Legal Questions

From the facts you stated, by definition your car was "stolen" because it was taken without your permission and therefore it was not insured by you (your insurance policy) at the time of the car accident. So, you should not have to be concerned and all the other people involved in the car accident can make claims through their own car insurance coverage under their "UM" (Uninsured Motorist) coverage of their policies. All the best to you.... Read More

You can try to recover financial damages from a school, but you'll need to be prepared. First and foremost, DOCUMENT EVERYTHING, and contact a lawyer who specializes in personal injury or government law. - Get complete medical treatment for your child's injuries and collect the medical bills and reports. - Your claim should include compensation for pain and suffering beyond the medical costs. - Unless your situation is unusual, be prepared to run into "governmental immunity" which prevents lawsuits against governmental entities. You'll need to prove your case has special circumstances before you can move forward with a negligence claim or criminal charges (for reckless or intentionally injury). Good luck and speedy healing to your daughter.... Read More

Sure you have a good case but you need to show knowledge or reasonably should have know declaration by mechanic under penalty of perjury stating that, cost of repairs, proof of purchase price. Check if your state has any Lemon Law statutes for car sales. If the amount you paid is less than the cost of repairs the judge might only award the lower amount. The Court can only award money and can not order that the prior owner make the repairs. Make a demand on the seller for a specific amount of money. There are at least two books I know of about how to win Small Claims cases in California go to your local public library.... Read More

You must not understand what the lawyer has told you. ?He can not place a lien against the insurance company. They have no legal obligation to your wife, only to their insured. Your wife has to sue the person who caused the accident; they, nor the insurance company, do not have to settle the case. They have a right to go to trial if they want, although the vast majority of cases are settled at some point. You need to clarify the situation with her attorney. Insurance companies do not pay any medical bills until they settle the whole case. Your attorney will need to find a health care provider who is willing to file a lien against her recovery [wait to be paid until she settles].... Read More

It does not matter as to liability and the amount of damages as to whether the person who hit you has insurance or not; it does mean that it may be very difficult to collect anything so it might not be worth suing. You should notify your Department of Motor Vehicles that the other person has no insurance, but wait to first find out whether that will have any real impact on their ability to pay you damages.... Read More

The general rule is that you should not give an insurance company a medical release regarding a car accident.  If it is your insurance company you have a duty to cooperate and therefore you must give your own insurance company a medical release.  If it is the opposing insurance company, I generally do not give them a release.  I control the information, not them.   With and without an attorney on board, each insurance carrier involved in the car collision will be asking you for a release and summary of your injuries.  You need to be very careful when filling these out because anything you write down could be used against you later.   Jake Gunter ... Read More

No. The law does not recognize non-marital relationships. It would be too difficult to distinguish all the gradations: a couple who lives togehter, has children together and intend to get married as compared to a couple who dated a few times and things seemed to be going well, and then everything in-between, it would be impossible to draw the line anyplace, so the rule is, if you are married you have a derrivative cause of action, if you are not married, you don't.... Read More

If you can prove that the death was due to the SUDDEN weight gain, then you will need a doctor to testify that the psychiatrist (who is supposed to be a doctor rather than a psychologist) did not take a proper history which might have uncovered the heart condition, then you might have a malpractice case.... Read More

Of course you can sue. However (thanks to the doctor lobby) Med (and Dental) Mal cases are quite difficult. First, one must obtain a certification from an independent doctor that there was negligence. This is where the claim usually stops, as most lawyers will expect the client to cover the costs of this review/report(up to $5,000). Next, most malpractice insurance policies have a provision for approval of any settlement by the insured doctor. That doctor, human nature being what it is, will often refuse to approve any settlement, as he doesn't think he did anything wrong. Finally, there is a cap on how much can be awarded for pain and suffering, thus making these cases unattractive to lawyers. There are lawyers who specialize in Med Mal; your local bar association may be able to refer you to one.... Read More

You have to show that the manufacturer did not reveal that there could be such a rapid, large weight gain. You would have to show that the Dr. knew or reasonably should have know that a large weight gain might occur from the medication and that your son might have an underlying condition that might be negatively effected. It probably will be very difficult to show that and it will be costly as you will require expert support. Speak to several local medical malpractice attorneys to see what they think.... Read More