Injuries Caused by Hit & Run Accidents

Posted by Salcido March 10th, 2010

Salt Lake City Utah Hit and Run Attorneys

A hit and run automobile accident is illegal in Utah and carries severe criminal penalties.  Such actions are despicable, but they happen every day.  Many times the offender is able to escape the scene without any witnesses and without being able to be tracked by law enforcement.  Sometimes a hit and run will result in being injured.  In such situations you not only have to worry about paying to have your vehicle repaired but now you have the added burden of hospital bills and the emotional pain and suffering that comes with physical injury.

A hit and run accident, however, does not mean that you have no remedy.  The car accident attorneys and personal injury lawyers at Salcido Law Firm PLLC can help you reconstruct your accident to either identify the offending vehicle or if identification is impossible we can help you recover compensation by other means including pursuing a claim against your own insurance company.

We can help you.  Call us at 801.207.8212 or 888.337.3235 to set up a free consultation today.

Uninsured Driver Claim

More often than not the driver in the hit and run vehicle does not carry insurance.  In such situations the attorneys at Salcido Law Firm can help you recover the compensation you deserve from your own insurance company.  Most automobile insurance policies include protections against car accidents where the at fault party does not carry insurance.  We can help you obtain the maximum recovery through an uninsured motorist claim so that you can get your life back on track.

SLF is on Your Side

There is no reason why you should have to suffer physical injury and property damage because of the criminal acts of another.  Our lawyers will vigorously pursue your claims in your Utah hit and run accident so that you will have the compensation to cover medical bills, property damage, and any other damages you may have suffered.

You can call us 24 hours a day at 801.207.8212 or 888.337.3235 or email us and we’ll get back to you within an hour. We serve all of Utah including Provo, Salt Lake City, and Ogden.  It’s time you Get Protected!

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Car Accidents Involving Drunk Drivers

Posted by Salcido March 9th, 2010

Salt Lake City Utah DUI Drunk Driver Car Accident Attorneys

Everyone knows that driving while under the influence of alcohol – known as DUI -  is against the law in Utah, whether you’re in Salt Lake City, Ogden, Provo, or anywhere in between.  The criminal aspects of DUI are serious, but people who drive under the influence and cause a car accident are also civilly liable for the damages caused to the victim of their actions.

The car accident attorneys and personal injury lawyers at Salcido Law Firm PLLC are experienced advocates in personal injury and auto accident matters including those involving drunk drivers.  We will help you recover the maximum amount to which you are entitled.

Drunk Driving and Utah Dram Shop Actions

When a drunk driver causes a car accident there is often times more to the story than just the fact that the driver was intoxicated.  Often times the driver has left a bar or other place of business which served too much alcohol to the driver knowing that the driver could not safely get behind the wheel.  In such situations the bar can be held liable in what is known as a dram shop action.  Bars and other such businesses have a duty to not knowingly serve a patron too much alcohol.

The litigation attorneys at Salcido Law Firm have vast experience in complex matters that require in-depth investigation such as alcohol-related car accidents.  Let our experience help you recover and get you through the difficulty of dealing with personal injuries from a DUI car accident.

We’ll Find Whose Responsible

Trust us to track down the responsible parties in your drunk driving DUI car accident case.  We serve all of Utah including Salt Lake City, Ogden, and Provo.  Our experienced attorneys will help you understand who is responsible and what will need to be done to help you recover.

Contact Us

Contact us 24 hours a day to set up a free consultation.  We will be able to tell you in a matter of minutes our game plan to bring those responsible for your injuries to justice.  You can reach us by phone 801.207.8212 or 888.337.3235 or email.

It’s time that you Get Protected!

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Boating Accident in Utah

Posted by Salcido March 2nd, 2010

Utah Boat Accident Attorneys

Like its winter sports, Utah’s landscape and environment makes it for a prime spot for various types of water sports.  From Lake Powell to Bear Lake Utahns every summer load up in their boats and hit the waves.  Unfortunately, with summer water sports comes irresponsible people driving many of those boats.

Many times injuries are caused on Utah lakes by boat operators who have been drinking too much.  If you have been injured in a boating accident by another boat operator, contact us.  We can help.

Injuries and Fatalities from Boating Accidents

Every year the U.S. Coast Guard compiles statistics to determine how many people were injured in boating accidents.  At the time of writing this post, the latest stats are from 2008.  In that year there were over more than 1,200 boating accidents and out of those 60 people were killed and more than 850 were injured.

Take Boat Safety Precautions

When boating, act responsibly.  Limit your alcohol consumption and make sure that whoever is operating the boat has not had too much to drink.

Always wear your life jacket.  Drowning is the number one cause of death amongst boating accidents.

Don’t jump into the water if the propeller is on.  Turn it off, then jump in.

Always enter the boat from water in the designated area.

Use common sense.

Beware Other Boat Operators

In spite of the precautions  you may take to make sure you are acting responsibly and safe while boating on a Utah lake, others are not always so responsible.  Take heed to operate your boat defensively.  Watch out for other boat operators and keep a safe distance.

Call Us if you have been Injured in a Utah Boating Accident

If you have been injured in a Utah boating accident, call us.  We know how to aggressively defend your rights and obtain the compensation you deserve.  You can contact us by phone locally at 801.207.8212 or toll free at 888.337.3235 or you can email us and we’ll get back to you right away.

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The Recovery Process of Utah Car Accidents

Posted by Salcido March 2nd, 2010

Salt Lake City Utah Auto Accident Lawyers

When someone has been in a car accident in Salt Lake City and other areas of Utah, especially when the auto accident involves serious injury, the injured victim wants to know how he is going to recovery, how much time it will take, and what his chances are of actually recovering.

The Salt Lake City Utah Car Accident Attorneys at Salcido Law Firm PLLC will help you the process of recovering compensation for the injuries you sustained in your Utah auto accident.

Your Utah Advocates Against Insurance Adjusters

After you have contacted SLF to represent your interests we will immediately begin gathering your records from health care providers, police, and insurance.  We will quickly evaluate the extent of your injuries and then being to negotiate with the insurance company whose driver injured you.  In most cases we are able to negotiate satisfying settlements with the insurance companies on behalf of our clients without the need for litigation.

Salt Lake City Utah Car Accident Litigators

In some instances the insurance companies are very stubborn.  It is in those situations that you need experienced litigators like the attorneys at SLF.  If the insurance company refuses to make a reasonable settlement, the car accident lawyers at Salcido Law Firm will file a complaint in court on your behalf.  At that time the insurance company will be forced to defend itself in the Utah judicial system.

After you file a complaint the insurance company will have to file an answer and then the auto accident case moves into what is known as the “discovery” stage where each side will be able to request whatever documents have not already been produced as well as examine the parties themselves through depositions (testimony under oath before a certified court reporter).

After the discovery phase, the case will go to trial where the attorneys at SLF will have the opportunity to convince a jury of all of the injuries that you sustained as well as how much compensation is required to make you whole.

Litigation can take months and years, but often times it is necessary to make sure the insurance company does not try to escape the full extent of its insured’s liabilty.  Most cases, however, do not go to trial and are able to settle without litigation.

Get the Help you Need from Salcido Law Firm

We are ready to help you get the compensation you deserve.  Being seriously injured in a car accident, motorcycle accident, or trucking accident in Utah requires that you Get Protected! Call us anytime, 801.207.8212 or toll free at 888.337.3235 or email us and we’ll get back to you in a half hour.  We are the Salt Lake City Utah Car Accident Attorneys.

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Harmful Pharmaceuticals and Prescription Drugs

Posted by Salcido February 18th, 2010

Utah Injury from Pharmaceuticals | Utah Dangerous Drug Attorney

Like any product manufacturer, pharmaceutical companies provide a needed supply of highly demanded goods.  Prescription drugs and other pharmaceutical products have helped relieve pain and suffering for many people and have helped cure dangerous diseases and saved many lives. 

Unfortunately, there are many pharmaceutical products which do not provide the anticipated results and even severely injure the person taking them. Nearly everyone has heard of the problems that arose with Vioxx for example and the many people who were injured from that product. 

The problem is, it can happen to anyone, because nearly everyone, in one form or another, is taking some type of prescription drug.  While most pharmaceuticals do not have any obvious harmful effects there are many that do.  Some of those include and have included:

Accutane
Avandia
Bextra
Celebrex
Digitek
Fen-Phen
Fosamax
Gadolinium (MRI Dye)
Heparin
HRT-Hormone Replacement Therapy
Hydroxycut
Ketek
Ortho Evra
Paxil
ReNu Recall
Risperdal
Seroquel
Tequin
Tobacco Litigation
Trasylol
Viagra
Zelnorm
Zicam
Zyprexa

Pharmaceutical companies have to work through the Food and Drug Administration to gain approval for their drugs.  Once a drug has been approved, the pharmaceutical company hash to continue to report to the FDA regarding the performance of the drug.  Although the FDA holds pharmaceutical companies to meet certain criteria before a new drug can go on the market, this does not mean that the drugs are defect free.  If a pharmaceutical company discovers a defect, such as a harmful side effect that was not previously known, the pharmaceutical company has a duty to notify the FDA and provide warnings to physicians and others in the health care industry who prescribe the drug.  If the pharmaceutical company fails to provide teh appropriate warnings or if it fails to notify the FDA of the defects, then those consumers who have been injured by the defective drugs may have recourse against the pharmaceutical company including being entitled to compensation for the damages caused. 

Salcido Law Firm Will Take On Big Pharma for You

There is no reason why a drug, which you took to feel better and which was probably prescribed by a health care professional, should harm you.  Pharmaceutical companies should be held liable for the injuries their products cause.  The Utah Pharmaceutical Injury Attorneys at Salcido Law Firm will take on Big Pharma to protect your rights.  Get Protected! today by calling us at 801.207.8212 or 888.337.3235 or email us to find out how we can protect you.

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Possessing Marijuana in Utah

Posted by Salcido February 18th, 2010

Utah Marijuana Possession Charges | Utah Marijuana Attorney 

Utah has some of the strictest laws imaginable when it comes to possesssing marijuana.  Salcido Law Firm is contacted almost every day by people who have either been charged with possessing marijuana or who have already been convicted but want to have their record expunged or their conviction reduced

Possession of Any Amount of Marijuana in Utah is Illegal

If you possess even less than one ounce of marijuana you can be charged and convicted with a class B misdemeanor.  Less than one ounce can mean having a miniscule flake of marijuana on the floor of your car and if an police officer finds it and tests it and the test results are positive for marijuana, you can and will be charged. 

What’s more, each time you are convicted of possessing even less than one ounce of marijuana the degree of penalty increases.  Thus, if you have already been convicted once of possessing less than one ounce of marijuana and then you are convicted a second time, you will be guilty of a class A misdemeanor.  If it happens a third time you are in for a third degree felony.  If you get a felony on your record you are in for a lot of trouble when it comes to employment prospects.  In fact, a felony could preclude you from climbing the ladder even in your current employment.  Many employers will run a background check on their employees who have applied for a higher position within the company.  If they see you have a felony, you can bet that you won’t get that promotion.  Thus, even though you did nothing other than have a tiny amount of marijuana in your possession you can pay for it with jail time, fines, and a ruined employment path.   

More Marijuana in Utah Means Heavier Penalties

The more marijuana you have in your possession the more severe the penalties – especially in Utah.  If you have more than 100 pounds in your possession you are liable for a second degree felony; for less than 100 pounds but more than a pound a third degree felony; and, less than a pound but more than an ounce a class A misdemeanor.  

We Can Help

Whether you have been charged with possession of marijuana or have already been convicted of possession, we can help.  We can help defend you against current charges and help you to get a reduction of prior convictions.  Call us at 801.207.8212 or 888.337.3235 or email us to Get Protected! against Utah marijuana possession charges.

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Pain and Suffering Damages in Utah Car Accident Cases

Posted by Salcido January 29th, 2010

Experienced Utah Car Accident Lawyer

Anytime you are injured in Utah from the negligent acts of another, you are entitled to recover your damages from the negligent individual who caused your injuries.  Although this general principle holds true for Utah car accidents, there are some difference on how and what you can recover in if you are injured in a Utah car accident

Specifically, there is a threshold requirement that must be met before you can recover damages for pain and suffering in a Utah car accident case.

Utah has adopted what is known as a “no-fault” automobile insurance statute.  Utah’s no-fault automobile insurance statute has clearly defined and enumerated circumstances in which a personal injury plaintiff can recover general (non-economic) damages. General damages include those damages that are not considered economic damages such as pain and suffering and emotional distress.  (Please see our page on the difference between economic and non-economic damages for more information.)

The Threshold Medical Expenses Requirement for Utah Car Accidents

For example, in a Utah car accident case a personal injury plaintiff cannot recover general damages for pain and suffering or emotional distress unless the injured person has more than $3,000 worth of medical expenses.  So, if when all is said and done you have only $2,959 of medical expenses that resulted from your Utah car accident injury you are not able to recover damages for pain and suffering or emotional distress.

Other Exceptions Allowing the Recovery of General Damages in Utah Car Accident Cases 

There are a few other exceptions that will allow the car accident victim to recover damages for pain and suffering and emotional distress even if the injured person does not have more than $3,000 in medical expenses.  Those include a wrongful death claim, if the injured person has suffered dismemberment (lost a part of his body such as a finger, other appendage, etc.), permanent disfigurement, and permanent disability or impairment.

Limitations of the No-Fault Statute

Just remember that Utah’s no-fault automobile insurance statute applies only for personal injuries sustained in car accidents.  It does not apply to any other Utah personal injury case.  Further, it applies only to general damages (pain and suffering, emotional distress, etc.).  Thus, you can still recover your other economic damages (lost wages, out of pocket expenses, medical bills, etc.). 

Another important limitation is that the no-fault statute applies only to those who are required to have automobile insurance and actually have it.  That means that if you were hit by an uninsured motorist the no-fault statute’s limitations do not apply.    

Call Us to Find out if You Can Recover General Damages

The personal injury attorneys at Salcido Law Firm are veterans in the car accident and personal injury industry.  We can help you understand what type of damages you can recover and what you can likely expect in your individualized Utah car accident case. 

Call the Salcido Brothers today at 888.337.3235 or 801.207.8212.  You can also email, or Skype us, or just fill out the form on the right and we’ll get back to you within an hour.  It’s time that you Get Protected! today.

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Utah Time Limits for Filing a Personal Injury Lawsuit

Posted by Salcido January 26th, 2010

Provo Car Accident and Personal Injury Lawyer

In Utah personal injury law, every injury has a statute of limitations applied to it.  A statute of limitations is a time period given to a person who has suffered injury as the result of the negligence or intentional act of another to bring a lawsuit against the person who caused the injury. 

The type of injury determines the length of the statute of limitations.  The Utah legislature has codified the statutes of limitations. 

When you hire the experienced personal injury attorneys at Salcido Law Firm the first thing we do is look at the applicable statute of limitations so that you can understand how much time you have to bring your case.  Too many people have been denied the opportunity to recover their personal injury damages because they have simply waited too long. 

If you have been injured call us at 888.337.3235 or locally at 801.207.8212 to find out how we can help you get your case going immediately so that you don’t run out of time and miss your chance to be made whole.  You can also email or Skype us or just fill out the form to your right.

Utah Statutes of Limitation for Specific Injuries in Utah

  • Injuries from Utah Car Accidents
  • Injury from Asbestos
  • Injury Caused by Defective Products
  • Utah Medical Malpractice Actions
  • Utah Slip and Fall Injuries
  • Injuries Caused by State, County, or City
  • Injuries Caused by Federal Government
  • Utah Wrongful Death Lawsuits
  • Injury Caused by Libel, Slander, False imprisonment, or Seduction
  •  

    Utah Statute of Limitations for Car Accident Injuries

    Claims for personal injury from car accidents fall under Utah’s “catch-all” statute of limitation, Utah Code § 78B-2-307.  Thus, if you have been injured in an accident you must bring your claim within four years from the date of the accident. 

    You must also remember that different time periods apply if your case is for wrongful death, which has a different statute of limitation.

    Further, if the accident was caused by a state, county, or city employee the Governmental Immunity Act of Utah applies which also incorporates a different statute of limitation.

    Utah Statute of Limitations for Injuries Caused from Exposure to Asbestos

    In Utah, you must bring an asbestos claim within three years from the date when you could have discovered your asbestos related injury.  See Utah Code § 78B-2-117.

    Utah Statute of Limitations for Injuries Caused from Defective Products

    The Utah Product Liability Act requires that you bring your personal injury claim which was caused by a defective product “within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.”  See Utah Code § 78B-6-706. 

    Utah Statute of Limitations for Medical Malpractice

    If you have been injured by the malpractice of a health care provider you have only two years from the date you discovered or should have discovered your injury to bring your claim against the health care provider, but you cannot bring the claim after four years from the date the malpractice occurred unless a specific exception is provided.  See Utah Code § 78B-3-404.

    For example, if the malpractice which occurred in your case involved leaving a foreign object in your body such as a clamp during a surgery, then you have one year from the time you discovered or should have discovered that the object was left in your body to bring a medical malpractice lawsuit.

    Similarly, if the health care provider committed fraud and prevented you from discovering the malpractice then you have one year from the date you discovered or should have discovered the fraud to bring your lawsuit. 

    Utah Statute of Limitations for Injuries Caused from a Slip and Fall

    Claims for personal injury from slip and fall accidents fall under Utah’s “catch-all” statute of limitation, Utah Code § 78B-2-307.  Thus, if you have been injured in a slip and fall accident you must bring your claim within four years from the date of the accident.

    You must also remember that different time periods apply if your case is for wrongful death, which has a different statute of limitation.

    Further, if the accident was caused by a state, county, or city employee the Governmental Immunity Act of Utah applies which also incorporates a different statute of limitation.

    Utah Statute of Limitations for Injuries Caused by State, County, or City Governments or Employees

    If your Utah personal claim is against a governmental entity such as the state, a county, or a city or an employee of such a government entity then the Utah Governmental Immunity Act applies.  The UGIA requires that you first file what is called a “notice of claim” with the governmental entity that caused the injury within one year after your claim arises.  See Utah Code § 63G-7-402.

    Your claim arises when you knew or should have known that you had a claim against a governmental entity or its employee and you know the name of the governmental entity or the name of the governmental employee.  See Utah Code § 63G-7-401.

    Statute of Limitations for Injuries Caused by the Federal Government or its Employees

    Congress has passed what is known at the Federal Tort Claims Act, which requires you to bring your personal injury claim against the federal government within two years after your claim accrues.  See 28 U.S.C. § 2401(b).

    Before you can sue the federal government you have to file a written claim with the federal agency at fault.  The federal agency then has authority to settle any claims, sometimes with the concurrence of the Attorney General and such a settlement is final and conclusive if you accept it.  See 28 U.S.C. § 2672

    If the federal agency is going to deny your claim it has only six months to do so and if it fails to deny your claim you can then sue the federal government in federal district court after the six months has passed.  See 28 U.S.C. § 2675

    Utah Statute of Limitations for Wrongful Death Lawsuits

    In Utah, you have only two years from the date of death to recover for the wrongful death of your loved one.  See Utah Code § 78B-2-304.

    Utah Statute of Limitations for Injuries Caused by Libel, Slander, False imprisonment, or Seduction

    There are certain intentional acts which cause personal injury such as libel, slander, false imprisonment, and seduction.  Claims for each of these intentional acts require you to bring a lawsuit within one year from the date the act occurs.  See Utah Code § 78B-2-302.

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    Wrongful Death Lawsuits in Utah

    Posted by Salcido January 25th, 2010

    Utah Wrongful Death Attorney

    Personal injury at times results in the death of a loved one.  The spouse and dependent children of someone who has died as the result of the negligence of another are entitled to damages for the loss of their loved one including the loss of earnings and loss of companionship of the father or mother who died. 

    Lawsuits of this nature are referred to as “wrongful death” lawsuits and are independent of a personal injury lawsuit.  For example, a person who was severely injured by a toxic chemical such as benzene, a natural element such as asbestos, or even someone who was severely injured in a car accident, has personal claims for the injuries he sustained and can recover all of his damages from he who caused the damages.  If the injuries then subsequently result in the injured victim’s death, his dependents and spouse have a “wrongful death” claim against those who caused the injuries. 

    Wrongful death lawsuits do not have to follow personal injury lawsuits.  Such suits are also appropriate where an individual was killed in a car accident, an accident that occurred on the premises of a job site, and most other accidents that result in death and that are not covered by other areas of the law such as workers’ compensation.

    Salcido Law Firm can help you recover for your loved one’s loss

    The experienced wrongful death attorneys at Salcido Law Firm have handled numerous wrongful death lawsuits and can help you recover the damages to which you are entitled.  If you have experienced the loss of a loved one due to another driver’s actions, a defective product, or someone’s negligent acts, call us at 888.337.3235 or 801.207.8212, email us, Skype us, or fill out the form on the right.  We can help and the sooner you call the sooner we will help you get through this difficult time.

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    Utah Conviction Reduction

    Posted by Salcido January 23rd, 2010

    Salt Lake City Conviction Reduction Attorney

    In Utah you can have your criminal conviction reduced by up to two degrees if you qualify under the applicable Utah code sections.  There are a few criteria which must be met before your Utah conviction can be reduced. 

    First, you had to have successfully completed your probation.  This means that you were discharged from probation and you did not violate the terms of your probation.  Second, you had to have finished paying any restitution which the court ordered you to pay.   

    Third, call the Utah conviction reduction attorneys at Salcido Law Firm.  Our experienced criminal defense team will petition the court where you were convicted by filing a motion and giving notice to the prosecuting attorney that you will be seeking to have your conviction reduced. 

    What happens after Salcido Law Firm files the Utah conviction reduction motion?

    Once Salcido Law Firm has filed the motion for conviction reduction the prosecutor will have the opportunity to give notice to any victims of your crime to give them a chance to let their sentiments be known. 

    The court can reduce your conviction based on the motion that Salcido Law Firm will file on your behalf, but the court can also require a hearing.  Some offenses are likely to result in having a hearing before others such as domestic violence cases.  At the hearing, Salcido Law Firm and the prosecutor will each have an opportunity to argue their positions.  The court will then decide whether to grant the motion. 

    Obtaining a Utah conviction reduction is extremely advantageous.

    Probably the best part of getting a conviction reduced is that you will become eligible for an expungement earlier.  For example, let’s say you were convicted of a class A misdemeanors.  In order to get that crime expunged from your criminal record you will have to wait 5 years.  But, if we can get that conviction reduced to a class B or C misdemeanor that will lop off 2 years of waiting.

    What Utah convictions cannot be reduced?

    If your conviction required you to register as a sex offender in Utah, you will not be eligible for a Utah conviction reductions. 

    Call us for free consultation

    We are ready to help you get your Utah conviction reduced.  Feel free to call us at 888.337.3235 or 801.207.8212 to find out how we can help you get your Utah crime reduced to a lower offense.  You can also email or contact us via Skype.

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