Your Utah Personal Injury Lawyer on Medical Malpractice

Have you been wrongly prescribed? If a doctor who has record or knowledge of your allergies to certain medicines prescribes you a drug that has serious side effects on you anyway, you can sue him for medical malpractice with the help of a Utah personal injury lawyer like those of Witt and Associates. You can do the same if he doesn’t prescribe anything for an affliction you’re clearly suffering.

What is medical malpractice?

Medical malpractice takes place when a health care provider fails to follow standard medical procedures and causes injury to a patient. Medical malpractice may be a sin of commission or omission. If the doctor prescribes you the wrong drug, it’s a sin of commission. Conversely, if he fails to take timely, appropriate action when it’s clear you’re suffering from a serious illness, it’s a sin of omission.

How will medical insurance affect my claim?

In Utah, any insurance paid to you can be deducted from your claim, unless your insurance company has subrogation rights. Under subrogation, the insurance company can likewise ask for compensation from the defendant for all or some of the money the former paid to you.

How will Utah’s Statute of Limitations apply to medical malpractice?

Utah personal injury lawyers will tell you that you have to file your case within two years from the date of the act, or from the date you discovered your injury due to medical malpractice. You may file your case beyond two years, as long as you don’t exceed four years from the dates mentioned above. Otherwise, the courts will dismiss your case, no matter how valid it is. If your case involves a foreign object lodged within your body that shouldn’t be there, you have to file your case within one year of the incident.

On medical malpractice claims

As of May 15, 2010, the maximum amount you can claim from the defendant is $450,000, adjusted for inflation. Likewise, contingent fees to your attorney cannot exceed 1/3 of what you get from the defendant.

Medical malpractice is a very technical field of law, so hire a Utah personal injury attorney whose professional experience is concentrated in such cases. For more information on medical malpractice and its sub-categories, such as malpractice due to brain injuries, birth trauma, and so on, start your inquiry with a firm like Witt and Associates.

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Defective Product Liability as a Form of Personal Injury Utah Residents Experience

Suppose you purchased a new light bulb. According to the label, the light bulb lasts for at least one year and can save you on your electricity costs. However, a month later, not only did your light bulb suddenly stop working, but your electric bill also increased! To address this, you could file a product liability lawsuit with the help of a personal injury attorney Utah residents trust, like Witt and Associates.

Types of Product Defects

Product defects fall under three categories: (1) design defect; (2) manufacturing defect; and (3) misrepresentation. An example of the first one is when the manufacturer mass produces a light bulb that explodes when it overheats; the product design is deemed defective from the beginning. In the second type, the manufacturer produces uniformly good quality light bulbs; you just happened to receive a defective unit which should not have passed the manufacturer’s quality control. The third type is the one cited in the previous paragraph.

The Time Limit in Utah for Filing a Product Liability Claim

The statute of limitations for filing a product liability case varies in every state. Using the light bulb example above, a personal injury lawyer Utah consumers can rely on would tell you to file within four years from the time you found out that the light bulb was defective. If your time limit under Utah law runs out, you can file in other states.

How to File a Defective Product Lawsuit

Because laws for product liability differ from typical injury laws, find a lawyer who’s experienced in such cases. Aside from the defective product itself, other items you can present in court include official receipts, medical bills (or electric bill, in the above case), and any correspondence with the manufacturer regarding the product. Read about product safety standards on the U.S. Product Safety Commission’s website.

Buyers Beware: Possible Complications in the Lawsuit

If a manufacturer suddenly informs you that your product is defective, file your lawsuit as soon as possible. The manufacturer may deliberately do this to shorten your time limit for filing your case. Ask your lawyer whether your product is subject to any secondary time limits.

What if the manufacturer includes a provision in the sales contract that buyers shall not sue them even when a product defect causes personal injury Utah locals like you experience? The contract is considered void, and you can still sue.

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Guide to Hiring a Divorce and Criminal Lawyer Utah Defendants Can Count On

Sometimes, no matter how much you try to stay out of trouble, you manage to find yourself facing a Utah judge. If you’re in a sticky legal situation, do not hesitate to get a good lawyer. If your marriage falls apart, for example, it is important to hire a divorce attorney Utah residents can rely on. Continue reading

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Four Sets of Questions for a Criminal Attorney Utah Has

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Utah Personal Injury Lawyers: Your Personal Bearers of Justice

If you get into an accident, god forbid, wouldn’t it be nice to have someone take your case and wage the fight for you till the end? Accidents from recklessness or negligence occur quite often, and when you happen to be the injured party, especially in cases involving companies or professionals, someone is bound to pay. It’s important to have the right legal professionals by your side because any personal injury case can get very complex and a Utah personal injury attorney from Witt & Associates, for example, can help sort out the legal tangles for you. Continue reading

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