Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
After a car accident in Utah, you may seek compensation not only for new injuries, but also for any aggravation of pre-existing conditions. To recover damages, you must prove how the crash worsened your prior injury and demonstrate the value of that exacerbation.
1. Gather Immediate Medical Evidence
• Seek prompt medical attention. A timely doctor’s report creates a clear link between the crash and your symptoms.
• Request a medical summary that compares your condition before and after the collision. Ask your physician to note changes in pain levels, mobility, or function.
2. Maintain a Detailed Symptom Diary
• Record daily pain scores, limitations, and treatment side effects.
• Note any activities you once performed easily but now struggle with due to the exacerbated injury.
3. Preserve All Treatment Records and Receipts
• Keep bills, invoices, prescription records, and therapy notes.
• Include mileage logs for travel to appointments to document out-of-pocket expenses.
4. Establish Causation and Damages
• Use expert testimony. A treating physician or medical specialist can explain how the crash accelerated degeneration of tissue or joints.
• Quantify your losses: past medical bills, future treatment costs, lost wages, and pain and suffering.
5. Understand Utah’s Comparative Fault Rule
Utah applies a modified comparative negligence system. You can recover damages even if you bear some blame, as long as your fault does not exceed 50%. Your award reduces by your percentage of fault. See Utah Code § 78B-5-818.
6. Respect the Statute of Limitations
In Utah, personal injury claims generally must be filed within four years of the accident date. Missing this deadline can bar your case entirely. See Utah Code § 78B-2-307.
7. Negotiate or File Suit
• Present your documented evidence to the insurance company in a demand package.
• If the insurer refuses fair compensation, consult an attorney about filing a lawsuit in district court.
Helpful Hints
- Document every medical visit and keep all imaging or test results.
- Photograph any visible injuries and note your body’s range of motion limitations.
- Secure a signed letter from your treating doctor outlining how the accident aggravated your condition.
- Track lost wages with pay stubs or employer letters stating time missed due to injury.
- Consult a personal injury attorney early to preserve evidence and protect your rights.