Question: How do Insurance
Companies determine settlement value?
Answer: Insurance
companies in Utah must set aside a reserve at the beginning of
each case. When they estimate the amount of the reserve they also
determine settlement value by asking their attorney to estimate
probable verdict and the percentage chance that Plaintiff will
win. The insurance company then multiplies these two numbers and
arrives at a settlement value. For example, if the insurance
attorney says the probable verdict is $100,000 and Plaintiff has
an 80% chance of settling the case, the settlement value of the
case is $80,000 ($100,000 x .80 = $80,000).
Question: How does an insurance
company litigate a claim against its insured if the claim can not
be settled?
Answer: The
insurance company hires defense counsel and pays defense council
an hourly rate to defend the claim. Defense counsel is drawn from
a panel of attorneys qualified to do insurance defense work. The
insurance company chooses an attorney from the panel to represent
the insured, and the insurance company pays for the defense
including all costs.
Question: What can I recover if I
file a Personal Injury Claim?
Answer: You
can recover past and future medical expenses, past and future lost
wages, mental and physical pain and suffering, interest on some
expenses, and other out-of-pocket expenses such as loss of
household services. If the injured person dies, then the
decedent's heirs can bring a claim for wrongful death for losses
such as loss of financial support, funeral and burial expenses,
and loss of association, comfort, care, and protection.
Question: What if my medical
expenses are less then $3,000?
Answer: In
Utah you cannot file a claim for personal injury caused by an
automobile accident, except where you have sustained one or more
of the following: 1) death; 2) dismemberment; 3) permanent
disability or permanent impairment based on objective findings; 4)
medical expenses in excess of $3,000.
Question: What can I expect a good
Utah Personal Injury Attorney to do for me?
Answer: If
you hire a Utah attorney for a personal injury or serious injury
claim your attorney should: 1) have you sign a fee agreement (most
Plaintiffs sign a one third contingency fee agreement); 2) give
you an evaluation of the case at the beginning of the case; 3)
send you copies of all correspondence which he receives and sends
relating to your case; 4) send you copies of all pleadings that he
sends and receives relating to your case; and, 5) return phone
calls and communicate with you promptly.
Question: What should I do if I
have a back or neck injury?
Answer: Call
me and I will help you find proper care.
Question: What should I do if I
have a brain injury?
Answer: Call
me. You can also call the Utah Brain Injury Association for
Support at 801.484.2240.
