I want a statistic for a class
What a tragic set of facts! These two are such different claims with different remedies and damages it is hard to compare the two. The PVS claim will be about the costs of maintaining the patient through the expected life span. Under Utah law, the spouse has a consortium claim that will be substantial. Under a recent Utah case, the children will also have a consortium claim for their parent. You may have a claim for hedonic damages, but that may be arguable in Utah--depending on who you talk to.
A wrongful death claim has two components--a pre-death pain and suffering claim including medical bills generated before his passing. The wrongful death component is really owned by the heirs. Keep in mind Utah law has a wrongful death statute that defines who is and is not an heir. That definition is different than the intestacy definition. So, if there are no close heirs that part of the case may not be worth very much. Finally, the distracted driving component opens up a claim for punitive damages against the at fault driver. The punitive damage claim is usually not covered by auto insurance--must be satisfied from the assets of the wrongdoer. but, the insurance carrier has a duty to try to protect their customer from such a claim. Finally, keep mind a short statute can apply to a wrongful death claim compared to a personal injury PVS claim.
Call if you want to discuss it further.
Mother was driving and a person pulled out of a parallel parking space and collided into her car. The insurance companies deemed the accident 50/50 on liability. The person pulling out of the parking spot was also cited for the accident and driv...
I am sorry your mom is dealing with this. Answering your question, yes, you are not limited to an arbitration award made between the two insurance companies. Now, the other driver having an expired license does not help on the question of who was at fault in causing the accident. That is, not have a license is not the cause of the collision. But, from your note, it sounds like your mom did not have notice of the other driver pulling out of the parking spot until it was too late to avoid an accident. Utah law does not require you to avoid an accident until you are notice of another driver acting negligently. Your mom could go to small claims court without a lawyer and present what happened. Witness testimony is always helpful. If the judge rules in your favor, the other driver's insurance will have to pay the result regardless of the inter-company arbitration process.
I hope your mom was not injured in this darned thing.
I wish her all the best,
Steve SullivanSee question
I rear ended a car. He took my information such as my license plates, phone number and address. There was a animal control officer nearby. He couldn't do the report because he was busy so he told us to settle it ourselves. I have no driver's licen...
No sense it avoiding the issue. It is best to go in and cooperate with the investigation. Having said that, you may want to get some counsel from a criminal lawyer before going in for the statement. There may be some things you should do before hand such as getting auto insurance. All though a policy purchased after the accident won't cover the loss, it shows your good intent of obtaining coverage once you tuned into being uninsured at the time of the accident.
Putting off the visit will not help your situation. Contact a criminal attorneys office for advice and follow it!
Best of luck on it.
Steve SullivanSee question
My car was in the hit-and-run parked outside my house the person was never caught and my car's totaled and now my insurance only pays about 11,000 and I'm stuck paying the rest what can I do to have the insurance pay everything
I am really sorry to see your note. First, you should be sure you don't have a type of coverage known as "gap" insurance. It is designed to pay the difference between the value market value of your car and the loan balance. Second, from your note, it sounds like they never caught the guy that caused the accident? This is a bit of a long shot, but it might be worth contacting the Crime Victims Reparation Fund here in Utah. It is designed to cover the financial losses suffered by victims of a crime. I am not sure if a hit and run qualifies or if property damage qualifies, but it is worth checking. Finally, some banks will agree to wrap your old balance around a new car loan. Not a great option, but through this process you may be able to get into another car and pay off the bad debt slowly as part of your new car payment.
Sorry, about not having more productive ideas than the above.
All the best,
Steve SullivanSee question
My husband takes a 25mg shot on Tuesdays and 25MG shot on Saturdays. we had the prescription refilled yesterday (Saturday) While administering the shot I realized it took longer to inject. They pharmacy gave me 50MG instead. The prob...
Wow! I am sorry to see your note. Yes, the pharmacy is typically at fault in these situations. this type of mistake does happen more often than you might expect. Once you discovered the issue, were you able to contact your doctor about the dosage error? Under Utah law, you would have the burden to show through expert testimony what the injury was as a result of the pharmacy error. Now, the doctors need only base his/her opinion on a reasonable medical probability rather than a certainty. But, the doctor will need to be willing to say what the loss or damage will be based on that type of an opinion. Sometimes treating doctors don't want to get involved in this type of litigation situation. If your doctor indicates there will more likely than not be some injury or problem, another physician can be used to document the injury.
Certainly, I hope your physician can tell your family that there was no injury or damage and a bullet was certainly dodged. But, if there will be a loss, you would have the right to move forward per the above.
I hope this helps.
I was coming down the stairs for dinner and slipped when i hit a small drop of water/perspiration at the bottom of the stairs. Rolled my ankle. I have a lateral fracture of the tibia (?). Was told they would cover the costs on the outs. A lie of ...
Wow--I am sorry you are living through this. From your note, it sounds like there is a couple of potential claims. In order to prevail on the fall itself, you need to show the circumstance was an unreasonably dangerous situation that the USP had reason to know of and had time to either make safe or warn of the danger. This may be hard to show depending on the circumstances. There may also be some immunities that come into play in pursuing a claim against the Prison. A second claim may exist for essentially mal-treatment post injury. This might fall into the civil rights category of cruel and unusual punishment. It might be best to post a note to this category on AVVO, since not many lawyers work in the civil rights area.
I am sorry I could not be of more help. These can be complicated and difficult cases.
I wish you the best in getting over this tough injury.
Steve SullivanSee question
i was hit by a driver, rendering my car useless. after the accident, there were no injuries, but, the other driver, and his wife both assaulted me physically. i have 4 eye witness reports also backing this up.
I am sorry you went through this. Some people's children, huh? So, under Utah law, I expect you would have the right to access your auto insurance no fault coverage. Even though the injuries were not a direct result of the accident, it could be argued the injuries arose out of the ownership, maintenance or use of the motor vehicle. That coverage includes medical coverage, some limited wage loss help and some limited household service help. You also have a claim against the individuals that assaulted you. but, it is doubtful their auto insurance will cover the assault. Any available homeowner insurance will probably have an intentional conduct exclusion. You can sue them in small claims court and that may be the most efficient device to get fair compensation for what you have gone through. Keep in mind that the small claims court has a statutory limit of $10,000.
I am sorry you are dealing with this and I certainly hope you re getting through this process quickly.
Wife was rear ended. Other driver admitted fault, to both her and police. His insurance company admitted fault and said they'd fix our car. After 3 weeks sent out an appraiser, told us to take it to a repair shop. I did, where they found more dama...
I assume you do not have collision coverage on your policy. If you do, I suggest you go through your own auto policy to get the car replacement value established and the claim dealt with. Secondly, I would get the car out of storage and taken to your home for the time being. Third, these carriers are pretty sophisticated. they can make an offer on the value quite quickly. Once they make a "good faith" offer, than their obligation to cover storage and rental fees does end. Finally, if you have a bodily injury claim be careful about how you resolve the property claim. Under current Utah law, you can litigate the property claim through small claims court and preserve the bodily injury claim, but it must be done carefully.
Shoot over any more concerns or issues if the above does not fully address the question.
Again, I am sorry you are going through this frustrating and time consuming process.
Steve SullivanSee question
I got pulled over while driving my brother's car and was issued a ticket for driving with no insurance but I do have insurance coverage for my own car
Thanks for your note. I think it may be a bit complicated. Civilly, you are right--when you have your own auto insurance and you are driving someone else's car with their permission, if there is no coverage on the vehicle, your personal auto insurance will step in and cover your situation. Now, your auto carrier may try to get out of that coverage by trying to show you had "regular use" of the subject vehicle and therefore you should have added it to your policy. But that is a separate issue. On the criminal side, there may be a concern that if you are driving someone else's car, you are supposed to know if the car was insured or not and not drive it if it is not covered. I apologize, but that is a criminal law issue and I don't want to mislead you. However, you should check with a criminal law attorney before going into court. It may not be as simple as showing the judge that you had personal auto insurance on your own car.
I hope that provides a little help at least.
I've been using the McDonald's mobile application which has various coupons and freebies being advertised. Here in Utah where I live, I've visited 6 different McDonalds restaurants that are officially listed as being participants in the mobile app...
Wow. A very interesting situation. I am really quite surprised that McDonalds would put themselves in this situation. You may well have a false advertising claim. The issue will be available damages to you versus your ability to report the matter to the FCC or State Consumer Affairs office. There are Utah lawyers that focus on Consumer complaints. Often these cases are generated by unfair collection practices on the part of collection services. However, such lawyers may well be versed in this area of the law and you might google Utah lawyers that do this type of work. Secondly, you might contact the Consumer Affairs Office in the Attorney General's office. They may pursue the claim in behalf of the State--but I am not sure that will result in any recovery for you. Finally, you might send a letter to the Utah McDonalds regional office laying out the situation. They may well try to make it right for you.
I hope the above is at least some help on this situation.