Hire an Attorney, Even if the Defendant has Admitted Guilt

by | Apr 15, 2021 | Personal Injury | 0 comments

You never want to be left unprotected or unsupported while handling a personal injury case in Utah. Even if you think you don’t need an attorney, you should have one by your side. The legal system is complicated and so is trying to navigate all the steps to filing and handling a personal injury claim.   

It’s a common misconception that if the other party has admitted fault and is clearly responsible, the injured party does not need to hire an attorney. There are many reasons why we would advise against this. 

You Suffered Injuries

Injuries that seem minor at first may not always turn out that way. In the days and weeks after an accident, your injuries may get worse, and sometimes more than you and your healthcare provider thought. If you accept a settlement right away in your personal injury case, you lose the chance to go back and ask for more money or needed compensation later on. A personal injury attorney can help you decide how long to wait and when it is best to accept a settlement. 

Deadlines and Legal Paperwork

Someone else admitting fault in your personal injury case does not exempt you from still having to file paperwork and other legal documentation to both your and the other party’s insurance companies. You will have to keep track of medical expenses, police reports, and other documentation that an insurance company typically will require when handling your case. Missing deadlines or improperly completing legal paperwork could put your claim or case and your ability to receive compensation in jeopardy.

Dealing with the Insurance Company 

When a defendant admits they were at fault for an accident, it helps move the case forward with fewer delays at the start of the case, however, we advise that before proceeding with any conversation with the insurance company, you contact a personal injury attorney. Don’t ever talk to an insurance company without having first spoken to a lawyer or having a lawyer present. 

Even when the responsible party admits guilt, it does not mean that the insurance company will agree and they may still attempt to place partial blame for the accident on you. They also may not make a fair settlement even though you are not the party at fault. Also known as comparative negligence, the state of Utah has a law in place which states that if you are at least 50% at fault for the accident, you will not receive any compensation. If you are 49% at-fault then you may be entitled to reduced compensation (Utah Code Ann. §78B-5-818).

No one should have to handle communicating with an insurance company on their own, especially while you are trying to recover from your injuries. Having an attorney with you forces an insurance company to really evaluate the case and it can prevent them from arbitrarily assigning blame. You need someone on your side who understands how insurance companies handle personal injury claims and has experience negotiating settlements with them.   

Ensure You Get the Compensation You Deserve

There are many factors that go into determining compensation from an insurance adjuster’s perspective, and most of the time their system does not fully take into account the details and full impact an injury can have or had on your life. 

Your attorney will always have your best interest in mind and fight for you to receive fair compensation for your injuries. Even if liability is established, an insurance company may still undervalue the damages of your case and you’re likely to receive far less than you could have if an attorney had been on your case. 

Simply having the other party admit fault isn’t enough in a personal injury case. Your attorney is there to gather evidence like medical records documenting your injury and recovery, police reports of the accident, and documentation of lost wages in order to prove the extent of damages. 

Your attorney can also be a great resource in helping you find the care you need. In addition to the experience they have working with medical providers, they can also help you find providers who are willing to work on liens. This means you can get access to the medical care you need even if you are unable to pay for it. Your healthcare providers can file a medical lien against the proceeds from your lawsuit. A lien is essentially a demand for repayment that will come out of the settlement awarded in your personal injury case.  

At Johnson | Livingston we do not direct your treatment or medical care, we can help you find providers, and we encourage you to follow the expertise and recommendations of the medical professionals in charge of your injury recovery. 

Contact us Today to Talk About Your Personal Injury Case

Hiring a qualified attorney for your case, such as the personal injury attorneys at Johnson | Livingston, will ensure you obtain the compensation you deserve for your losses. We are an experienced firm that only handles personal injury cases and understands the complex laws and paperwork that come with managing a case.

Don’t face your personal injury case alone. The Utah personal injury attorneys at Johnson | Livingston are here for you. Call us at (801) 948-9670 or fill out our online form to set up your free consultation today. Let’s discuss your personal injury case and see what you need through your claims and case process to be heard, and so you can focus on the things that are important including your recovery, without extra stress or hassle. 


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