How to File a Car Accident Lawsuit in Utah

When you suffer significant injuries in a car accident that wasn’t your fault, you might find yourself facing serious financial hardships. Utah’s no-fault insurance system covers basic expenses, but severe accidents often require compensation that exceeds these limits. In certain situations, you have the right to hold the responsible driver accountable through a personal injury lawsuit. Here is how to file a car accident lawsuit in Utah. 

Step 1: Determine If You Qualify to File a Third-Party Claim

Before you can pursue compensation from the at-fault driver, your case must meet Utah’s threshold requirements that allow you to step outside the no-fault insurance system. You qualify to file a third-party claim if you’ve incurred at least $3,000 in medical expenses directly related to the accident. 

Additionally, you can pursue a claim if you have suffered qualifying serious injuries, such as:

• Permanent disability
• Permanent impairment
• Permanent disfigurement
• Dismemberment

If your injuries meet either the monetary or injury threshold, you can hold the responsible driver liable through a third-party insurance claim or personal injury lawsuit with our auto accident attorney in St. George.

Step 2: Gather Evidence with the Help of an Attorney

A strong car accident lawsuit requires strong evidence. You need police reports, photographs of the accident scene and vehicle damage, witness statements, and medical records documenting your injuries and treatment. 

A St. George personal injury attorney will understand which evidence carries the most weight in court and how to present it effectively to insurance companies and juries. They can help you preserve important documents, such as surveillance footage or electronic data from vehicles, and enlist the help of accident reconstruction experts and medical professionals who can testify on your behalf.

Step 3: File an Insurance Claim and Wait for a Decision

Before proceeding to court, you typically file a claim with the at-fault driver’s insurance company. The insurer will investigate the claim, review evidence, and determine a settlement offer. This process can take several weeks to months, depending on the complexity of your case. Your lawyer will evaluate any settlement offers against your damages, including future medical costs and lost earning capacity that you might not initially consider. If the offer is sufficient, your case may be resolved at this stage. 

Step 4: File Your Car Accident Lawsuit in Utah Civil Court

If the insurance company denies your claim or offers inadequate compensation, your attorney will file a lawsuit in the appropriate Utah civil court. This formal legal action initiates the discovery process, where both sides exchange evidence and take depositions from witnesses and experts. 

Step 5: Settle Your Case Through Negotiations or Proceed to Trial

Most car accident cases settle through negotiations before reaching trial. If negotiations fail to produce acceptable results, your case proceeds to trial, where a judge or jury determines the outcome. Your lawyer will present evidence, cross-examine witnesses, and argue your case before the court.

Contact a Utah Car Accident Attorney for Assistance Today

Filing a car accident lawsuit in Utah involves complex procedures that can make or break your case before you even get to court. The legal process requires precise documentation, adherence to strict deadlines, and the strategic presentation of evidence. 

We Win Injury Law can guide you through every step of the legal process so that you can navigate your claim with confidence. Contact us at (435) 688-9558 for a free consultation and discuss your next steps with our Utah car accident lawyers.