If you were in an unfortunate accident in Utah, you could recuperate some of the expenses you may incur from the driver at fault. You can demand certain types of damages depending on the extent of your injuries.
What are the Types of Damages?
In general, a person involved in an auto accident can receive compensatory damages or actual damages. However, this will depend on the circumstances that led to the injuries, a car accident injury attorney from William R. Rawlings & Associates in Salt Lake City explains.
Utah is a state that follows “modified comparative fault,” which means that a person recovers damages from the driver as long as the latter has more “fault.” The court will set the amount owed depending on the allocation of fault to the parties involved in the collision or crash.
Punitive damages may be necessary depending on the circumstances. The difference between compensatory and punitive damage is that the former provides compensation for injuries incurred, while the latter metes out punishment for those in the wrong. In Utah, the state can punish insurance companies if they deny claims in bad faith, and a driver with DUI convictions related to the accident.
The compensatory damages one may receive include:
- Permanent disability
- Medical and hospital fees
- Repairs for the damaged car
- Lost income because of the injuries
After identifying the type of damages and how much you can get, you also need to know the limitations of car accident and injury cases. If a person dies because of the incident, Utah imposes a statute of limitations, which means that cases filed for damages in a wrongful death must be within two years of the crash or collision.
For the recovery of damages for damage to property, a person can file a suit anytime up to three years and the state allows up to four years for cases involving injuries such as broken limbs or other similar cases.
Knowing your rights, the damages you can recover, and its limitations provide you with the information you need to take on a case. Consult with an attorney to determine the next steps you need to follow.