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What is a Personal Injury Case & how long will it take for my case to settle?

A personal injury, automobile accident, or wrongful death case is any type of situation where a person has been injured or killed due to someone else’s carelessness. If the only damage in your case is that your car got banged up, then you don’t have a personal injury case – but you may have a property damage case. If both you and your car have suffered an injury, then you have both a personal injury and a property damage claim. In those circumstances, either your insurance company or their insurance company will usually take care of the property damage claim.

If someone’s negligence causes the death of another, this is called a “wrongful death” claim. The laws may differ significantly regarding what can be recovered in a wrongful death case in Utah. You need an attorney who understands the specialized wrongful death laws.

There is no set time for your case to settle. Each case is unique and has its own set of circumstances. For example:

First there is the fact gathering phase. Once treatment is finished, I request a final set of medical records and bills to make sure I have not missed anything.

Cases are typically not settled until the main treating physician releases you from his/her care. This may be months or over a year depending on how serious your injuries are.

The nature of your injury may affect the length of your claim (i.e. scars need to mature and heal & sometimes need revision, waiting for a doctor’s final narrative report could take several months, serious injuries take longer to heal and are sometimes followed up with therapy.)

The response time to my requests from medical providers vary. Some are quick to respond and others are not. I do my best to push the process along.

If your case does not settle, I may Arbitrate, Mediate or file a Complaint through the Court system. These options will be discussed with you as your case progresses. If you Arbitrate or Mediate, your case could be settled within 2-3 months of application. If you pursue your case through the Court system, it could take a year before your case is tried to a jury. Sometimes your auto insurance carrier or the defendant’s carrier requires that you mediate or arbitrate before pushing it through the court system.

Sometimes it will be necessary for you to personally provide me with information. Every effort you make to get this information to me in a timely manner helps move your case forward. During your personal injury claim, we need to work as a team, and we need to communicate with each other.

What about harmful products, medical malpractice & slip and fall cases?
Whenever you are hurt by anyone’s negligence, including that of a doctor, a builder, a manufacturer or a store merchant, you have a “personal injury” claim. Products liability (injury by harmful product), medical malpractice (injury by a doctor, hospital or other healthcare provider), slip and fall (injury because someone did not take care of the walkway) are all subtypes of personal injury cases.

Do I really need an attorney to settle my case?
You definitely do not need an attorney for every small injury case. In fact, our office does not accept cases where there is little or no property damage or the injuries are minor. Why not? Simple. In the small case, the attorney fee and costs might leave little or nothing for you after your medical bills are paid, and I don’t believe that would be fair to you.

How do I find a qualified Personal Injury Attorney?
Choosing an attorney to represent you is an important task. Your decision should not be made on the basis of advertising alone. The Yellow Pages are full of attorney ads. In particular, I believe that experience is very important.I have been handling cases for over 20 years.

How Important Is Experience?
Obviously, the longer you have been practicing in a particular area of the law, the more knowledgeable you become. Our Utah personal injury attorneys have settled hundreds of personal injury cases. I believe that experience definitely plays a role in the outcome of your case. Our attorneys are trained in personal injury law and that is all I do. I have been doing this for over 25 years.

What can I expect of Brian Kelm in a personal injury case?
Here is a list of the tasks that I may do for you in a personal injury case. Remember that each case is different, and that not all of these tasks will be required in every case.

  • Initial interview with the client
  • Educate client about personal injury claims
  • Gather documentary evidence including police accident reports, medical records and bills
  • Analyze the client’s insurance policy to see whether there are any coverages which the client has that may pay all or a portion of the medical bills while the claim is pending
  • Analyze the client’s insurance coverages and make suggestions as to what coverages should be purchased for future protection
  • Interview known witnesses
  • Collect other evidence, such as photographs of the accident scene
  • Talk to the client’s physicians or obtain written reports from them to fully understand the client’s condition
  • Analyze the client’s health insurance policy or welfare benefit plan to ascertain whether any money they spent to pay your bills must be repaid
  • Analyze the validity of any liens on the case. Doctors, insurance companies, welfare benefit plans and employers may assert that they are entitled to all or part of the client’s recovery
  • Contact the insurance company to put them on notice of the claim, if this has not already been done
  • Decide with the client whether an attempt will be made to negotiate the case with the insurance company or whether a lawsuit shall be filed
  • If suit is filed, prepare the client, witnesses and healthcare providers for depositions
  • Prepare written questions and answers and take the deposition of the defendant and other witnesses
  • Produce to the defendant all of the pertinent data for the claim, such as medical bills, medical records, and tax returns
  • Go to court to set a trial date
  • Prepare for trial and/or settlement before trial & prepare witnesses & client
  • Organize the preparation of medical exhibits for trial
  • Organize the preparation of demonstrative exhibits for trial
  • Prepare for mediation and/or arbitration
  • File briefs and motions with the court to eliminate surprises at trial
  • Take the case to trial with a jury or judge
  • Analyze the jury’s verdict to determine if either side has good grounds to appeal the case
  • Make recommendations to the client as to whether or not to appeal the case. (However, our contract with you does not obligate me to participate in any appeal.)

What is ERISA?
You should be aware that if your medical bills were paid by health insurance of an employer’s health plan, the insurance company or plan may want you to reimburse it out of any personal injury recovery. Your “insurance” turns out to be not insurance at all, but a “loan.” This area of the law is known as “reimbursement or subrogation”. It is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). Your attorney understands the implications of ERISA.

Are There Any Issues That Can Sink my Case & what is my role?
a) Clients sometimes ask their attorney to refer them to a doctor. Your attorney will handle the legal aspects of your claim. Your treating physician(s) should handle your treatment and referrals to other physicians. I do not refer clients to specific doctors.
b) Do not hide past accidents from your attorney. The reality is that the other side may already know if you have been in prior accidents. All insurance companies subscribe to insurance databases and often the only reason they ask you about prior accidents is to test your credibility. Be honest. Tell the truth.
c) Do not hide past injuries. If you have seen a doctor in the past, there is a record in existence that the insurance company will find. If you lie about it, and the insurance company finds out, your case could be over.
d) Make sure you have accurate tax returns. Most of the time, a claimant will have lost income. You will only be able to claim lost income if your past tax returns are pristine. Again, being honest with your attorney is the only way to be, because he or she can deal with the problem if they know about it.
e) Misrepresenting your activity level. Insurance companies routinely hire private investigators to conduct surveillance. If you claim that you cannot run, climb, stoop or lift, and you get caught on videotape, your claim may be over. There is no explanation that overcomes the eye of the camera.

Can I sue in Small Claims Court?
If you are unable to agree with the insurance company or other driver regarding property damage, and you do not have collision coverage, you can sue in small claims court. Small claims courts are designed to handle cases where the amount of the dispute is $5,000 or less. There are small claims courts located throughout the Wasatch Front. However, if you were injured in the accident, you will have to make a claim for “both your injuries and the damages to your car.” You should always talk with an attorney before making this decision. If you file in small claims court on the property damage claim, you may later be prevented from pursuing your claim for personal injuries in a separate lawsuit. Click here to find out how to file in Small Claims Court.