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Jack C. Helgesen
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Jack Helgesen’s Answers

82 total


  • Would an interlocutory appeal result in a quicker resolution than an appeal as of right?

    I'm the defendant in a civil dispute. The district court dismissed with prejudice my recent motion for summary judgment; litigation is ongoing. If I wanted to put the matter before the Court of Appeals for the quickest possible disposition, woul...

    Jack’s Answer

    Your question is a little confusing because you say the court dismissed with prejudice your motion for summary judgment. A denial of a motion for summary judgment is not a dismissal of the case, and if the court dismissed the case you would have no reason to appeal since you are the defendant.
    If you are saying the court denied your motion for summary judgment, you probably have no appeal until the case is decided. At this time, you have no appeal as a matter of right because the case against you is still ongoing and the denial of your motion is not a final order. You could file for an interlocutory appeal, but there is no real chance a Utah appellate court will accept an interlocutory appeal for denial of a motion for summary judgment. So, your case will go forward to trial.
    I hope this has answered your question.

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  • Do I have any legal grounds to go after this company?

    A few years ago I purchased a truck from a reputable dealership with the salesman assuring me it has a clean title, and I would be the second owner. When I paid off the vehicle I received a clean title as promised. Recently I attempted to trade i...

    Jack’s Answer

    You might have a case, but more details are needed before a lawyer can answer your question.
    When was the truck first issued a salvage title? When was it wrecked? Did the dealer have reason to know it had a salvage title? Did you know it had been wrecked when you bought it? When did you first think the truck had been wrecked? When did you buy the truck? When did you learn it had a salvage title? How much money have you lost?

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  • I was hit from the back by a woman on a bicycle in Amsterdam. She wants me to pay for the ambulance fees. What are my rights?

    It was my first time in Amsterdam, first time in Europe. I was, unknowingly, walking in the bike lane with my mom when we heard a bell and split. I didn't know what was happening but i jumped to the left (out of the bike lane) when a woman on a bi...

    Jack’s Answer

    You will need to contact a lawyer in the Netherlands. Utah attorneys are not qualified to give you the advice you want. Best wishes.

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  • I told my lawyer That I was in pain

    He said he never knew how much pain, so how do you tell them That I can't take it and not knowing I could of just walked out no one told me I could walk out

    Jack’s Answer

    You will need to tell us the cause of your pain, the medical treatment you sought, the treatment providers you met, and the injuries you claim from the medical treatment.

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  • What's the difference between a motion and an independent common law action?

    I'm referring specifically to Civil Rule 60(b). State courts have ruled: "Even if a plaintiff did not exercise reasonable care and did not file a rule 60(b) motion, the time limitation in Rule 60(b) ... does not control the filing of an indepe...

    Jack’s Answer

    I agree with the prior answer. An independent action is a new lawsuit attacking the order or judgment in the prior legal action. Filing an independent action attacking an order in a prior case is complicated and few Utah lawyers have ever filed one. You need to be careful.

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  • Negotiating Medical Bills.

    I have a personal injury case that just settled. My medical bills total $85,000.00. How much of that can I expect to be negotiated down. What is the process of doing such negotiations? Is there a general amount that most doctors follow or is it ...

    Jack’s Answer

    I agree with the others that more information is needed to answer. In our experience, you get a better discount by negotiating payment of the bills before the settlement. Before the settlement of an injury claim, creditors want to avoid waiting for an uncertain outcome. Once you have the money, creditors see no reason to give you a discount.
    We negotiate repayment of the medical bills for our clients before we officially agree to the settlement. You should ask your lawyer to help with this.

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  • Rules on Motions, opposition and available Court orders.

    Here is the scenario: - An action going on for 1 year - plaintiff moves for dismissal without prejudice a week before trial - plaintiff violated multiple rules, doesn't have evidence to introduce after a year. My question: - Can I ask for...

    Jack’s Answer

    Yes, you can and should object to the "without prejudice" nature of the dismissal in your memorandum in opposition to the motion. Most judges would require a dismissal with prejudice at that stage. If you object, you should be prepared to go to trial.

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  • Is there an attorney in slc utah that will contest a Trust on a contingency?

    Do you work on a contingency basis? My father passed away first and then my mother last year. My sisters daughter took care of my mother till she died but I have good reason to believe that my niece and my sister altered the trust (which was made ...

    Jack’s Answer

    • Selected as best answer

    Our law firm has taken many trust disputes, probate lawsuits and exploitation of the elderly cases on a contingent fee basis (no fee if we don't collect money). We look at the amount in dispute, the chances of winning and collecting money, and the credibility of our client before we accept such a case. If a case is strong, we try to find a way.
    We are in Layton, Utah. I don't know which attorneys in Salt Lake City have the same approach.

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  • In Utah, how long has the following statute been in effect?

    I heard that in Utah, a Durable Power of Attorney does not authorize the attorney-in-fact to create a will or trust on behalf of the principal, unless the POA document expressly says so. Can anyone tell me the exact date this statute went into eff...

    Jack’s Answer

    • Selected as best answer

    Two sections of the Utah Code apply to your question.
    1. Under Utah Code Ann. section 75-5-503, an agent under a power of attorney cannot create a revocable trust or make a gift of the principal's property into any type of trust. That section was effective May 5, 2003. I do not have access in my office to earlier laws, but I suspect the same law applied earlier under Utah common law. To go back earlier, we will need to research the issue in a law library which keeps very old versions of the Utah Code.
    2. Utah Code Ann. section 75-2-501 defines who can make a will, and does not include an agent under a power of attorney. The current law goes back to July 1,1998, but I believe an agent holding a power of attorney has never been able in Utah to create a last will for the principal.
    I hope this has answered your questions.

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  • Why is it that I get hurt and the insurance company doesn’t have to pay me for my injuries?

    I was in an auto accident, and I found out the other driver only has $25,000 in liability coverage, but my medical expenses are going to be more than that. I was told by the insurance company that they only have to pay $25,000 for my injuries.

    Jack’s Answer

    A $25,000 liability insurance policy is the minimum policy required by Utah law, and it is not a fair amount in cases like yours. Before you settle for $25,000, you need to do the following:
    1. Make sure your health insurance pays all the medical bills before you discuss settlement.
    2. Look at your own under-insured insurance coverage on the car you were driving. This coverage is intended to pay you money when the insurance on the bad driver is inadequate.
    3. Do your best to determine whether the other driver has money to pay you beyond what his or her insurance will pay. Your case is against the other driver, not his or her insurance.
    4. Consult a good injury lawyer. You are in a tough spot, and a good injury lawyer will help you more than you may think. Knowledge is power, and you need power. Go to a lawyer.
    Best wishes on your medical recovery and on your claim.

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