FAQ: Frequently Asked Questions to Utah Personal Injury Attorneys Craig Swapp & Associates

At our law firm, we get a variety of questions related to accidents. Some of the more common ones are below.

What are the most common mistakes people make that can potentially harm their case and future settlement?
Over the years, we’ve seen a number of potentially good cases fall short of fair and full settlements because one or more the following mistakes were made:

• Failing to call the police to investigate the accident – A police report is critical to help explain the facts of the case, including liability
• Not having a medical professional check you for injuries after an accident – An early visit to a medical professional could discover any number of injuries and allow treatment to begin sooner. Also, a medical report will document any injuries and that they were caused by the accident.
• Not involving an attorney from the beginning – the earlier an attorney is retained, the less likelihood of any unintentional legal mistakes that could harm your case
• Not reporting full extent of the injuries to the insurance company – If you’ve been injured in an accident, the worst thing you can say is “I’m fine” to the insurance adjustor. Because some injuries manifest themselves a day or two after an accident, it’s always best to say that you plan to be checked by a medical professional.
• Large time gaps in medical treatment – Discontinuing visits to your doctor or physical therapist before you have fully recovered means you are done treating and that you are better in the eyes of the insurance company. If your PIP or medical insurance is exhausted, an attorney can arrange for a lien with a medical professional to assure continued treatment

If I’m injured in an accident, should I first try to handle it with the insurance company by myself?

That can be a major mistake. Usually unintentional legal mistakes occur during the first call or visit with the claims adjustor. Insurance adjustors are trained to ask certain questions that could pose problems for your case later. They are also trained to offer a small settlement amount right up front. Unfortunately, some people agree to the small up-front settlement and regret it later when they have on-going medical issues.

At what point do I need to hire an attorney to help with insurance disputes?

It’s always important to remember that insurance companies are in the business to make money, no to pay out full and fair settlements. Adjustors are trained to pay out as little as possible in claims. So, before you talk to the insurance company, it’s always best to talk to a personal injury attorney first. He or she will explain the legal process of a personal injury case to you and can help you through any recorded statements with the insurance company. Having an attorney on you side minimizes the chance of a legal mistake that can jeopardize your rights to full and fair settlement.

After my accident, should I contact the insurance companies involved? Anything I should say or shouldn’t say?

You are obligated to notify your own insurance company after an accident. Simply report the facts of the accident without embellishments, explanations or opinions. Even if you have some minor discomfort from the accident, report all injuries to your insurance company and explain that you plan to visit a medical professional to be checked. Do not simply say “I’m fine.” Before making any type of recorded statement (especially with the defendant’s insurance company), contact your attorney for direction.

How do I know if I have a good case?

A good claim involves clear liability by another party (in the case of an automobile accident, the liable party could be another driver or the driver of your vehicle if you’re a passenger). Obviously, there must be insurance available from either the at-fault party or from your own policy to pay for medical costs, any lost income or general damages. A police report and medical documents are also vital to prove liability and to document injuries.

If the accident is not my fault, are there situations where my insurance will need to help pay for my injuries?

If the at-fault party does not have insurance or not enough insurance, your insurance company will pick up the costs of the claim through your uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage. This coverage is very cheap and essential to protecting yourself against uninsured or underinsured drivers, which make up one third of all drivers on the road. Under no circumstances should you decline UM or UIM coverage when buying auto insurance.

I’m handling my own settlement with the insurance adjustor. How do I know if the final settlement offered is fair?

Unfortunately, we all too often hear that question from people calling us to ‘check out’ if their insurance offer is full and fair. Sadly, the answer almost always is, “Sorry, that’s not a fair settlement,” but at that late point there is little an attorney can do to help. That’s why we always recommend talking to an attorney right after an injury accident. The sooner we are involved, the better your opportunity for a fair and full settlement.

How much is my case worth?
It’s natural to wonder what kind of monetary value a particular case has. The amount of the settlement depends on the nature of your injuries, how long it takes for you to recover, if there are any permanent injuries, if long-term medical care is needed, lost income, and the amount of insurance coverage available. Once we have these answers, we have a better picture of the value of your case and can use that information to negotiate a fair settlement for you.

How long does it take to settle a personal injury case?
It depends primarily on how long it takes for you to recover from your injuries, which could be weeks, months or even years. Our first concern is that you get better, and once we have the green-light from your medical professional, we can discuss your settlement options. If we can settle your case directly with the adjustor, most cases are resolved in a matter of weeks. If the case goes to arbitration, mediation or court, the process is longer due to the rules and timetables of the local justice system.

When is it too late to file a claim?
Today is the best time to file a claim for an injury accident. Delaying action can be detrimental to the success of your case, as accident witnesses may move away and recollections fade over time. Statues of limitations apply and vary according to the state where the accident occurred. Uncertainty about filing a claim may also result in delaying medical treatment, which can weaken your case considerably. Also, if your case involves a government entity, certain restrictive deadlines are applicable.

Will I have to appear in court?
At Craig Swapp & Associates, a large majority of the personal injury cases we handle are resolved outside of a courtroom. In those few instances where the insurance company contests the facts or general liability of the case, our experienced litigators will take the case to arbitration or mediation, or the courtroom as a last resort.

What if I don’t receive a settlement?
With Craig Swapp & Associates, we work on a contingency fee structure, meaning that you don’t owe us legal fees unless we win a settlement for you.

What’s the next step?
Don’t wait. Contact Craig Swapp & Associates right now at 1-800-404-9000 or submit the details of your case on-line using the form on the right.

Don’t see your question? Contact us and one of our Utah personal injury attorneys will reply and post your question and answer on our site.