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Utah Personal Injury Questions & Answers
3 Answers | Asked in Car Accidents, Small Claims, Insurance Defense and Personal Injury for Utah on
Q: What to do after a year-old accident when contacted about deductible?

I was involved in a minor vehicle collision in Utah over a year ago. At the scene, the other party didn't want to call the police and left before I did. My insurance (USAA) found me not liable, and it seems the other party's insurance agreed. However, yesterday, the other party contacted... View More

Brian Stewart
Brian Stewart
answered on Oct 24, 2025

You shouldn’t respond to the other driver directly—just forward their message to USAA and let your insurer handle it. Because both insurance companies already found you not at fault, the other driver likely has no valid claim, even if they file in small claims court. USAA has a duty to defend... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Products Liability and Personal Injury for Utah on
Q: Can I take action for a bent frame not disclosed on a branded vehicle bought in Utah?

I purchased a branded vehicle in May 2023 from a company specializing in rebuilding, repairing, and selling branded vehicles in Utah. I was aware of the branding due to a collision but was informed of no issues beyond repair at the time of purchase. The purchase agreement has a "no warranty... View More

James L. Arrasmith
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answered on Oct 13, 2025

You still have possible options, even though some time has passed since the purchase. In Utah, sellers of rebuilt or branded title vehicles must disclose known defects that affect the vehicle’s safety or structural integrity. A bent frame is considered a **material defect**, and if the seller... View More

4 Answers | Asked in Car Accidents, Personal Injury and Consumer Law for Utah on
Q: Should I consult a lawyer for a medical settlement after a motorcycle accident?

I was involved in a motorcycle accident where a car pulled out in front of me to make a left turn while I was heading southbound. I was on my 150cc motor scooter, collided with the car, and slid on the road, sustaining serious road rash. I went to urgent care to have my injuries treated. There were... View More

Stephen Arnold Black
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answered on Oct 1, 2025

Yes, it makes sense to consult an attorney. Insurance companies rarely take unrepresented parties seriously. If a settlement is reached, you’re legally obligated to address and protect any medical liens from your providers, otherwise, they may pursue collection for the full amount. An attorney... View More

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2 Answers | Asked in Personal Injury and Employment Law for Utah on
Q: Blood into tissue during plasma donation caused pain & swelling, missed work.

I donated plasma this past Saturday, and during the procedure, they had to switch arms, causing the blood to go into the surrounding tissue. This led to significant swelling, so I visited the ER where they checked for blood clots. As a result, I missed two days of work as a cashier, and my arm is... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2025

I'm sorry for your painful ordeal. One option could be to file legal action - whether through a Utah attorney or on your own. As a starting point, you could reach out to local attorneys to try to set up a free initial consult to discuss further. It could be worth learning more about the final... View More

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1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Utah on
Q: Legal options after plasma donation injury causing work absence.

I donated plasma, but the staff did not insert the needle into my vein correctly, resulting in my blood being returned to me. After the donation, my arm swelled up and bruised, causing significant pain. I had to visit the hospital, where they conducted an ultrasound to check for blood clots. Due to... View More

James L. Arrasmith
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answered on Sep 27, 2025

When an injury happens during a plasma donation, it may be considered negligence if the staff did not follow proper medical procedures. The swelling, bruising, and need for medical evaluation show that the incident caused you real harm, especially since you had to miss work. Keeping records of your... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Libel & Slander and Personal Injury for Utah on
Q: Can I claim IIED or public disclosure of private facts for sharing recordings made during a crisis?

During a suicide attempt while I was blackout drunk, I made private recordings containing ego-dystonic intrusive thoughts and false memories, not aware at the time that I had Obsessive–Compulsive Disorder (OCD). These recordings were intended for one trusted recipient. However, a third party... View More

James L. Arrasmith
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answered on Sep 24, 2025

Yes, under Utah law, you may have grounds to pursue a civil claim for intentional infliction of emotional distress (IIED) or public disclosure of private facts due to the unauthorized sharing of your private recordings.

For an IIED claim in Utah, you would need to prove that the... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Utah on
Q: How to break my lease without penalties due to mold and landlord's behavior?

I am currently leasing a basement apartment under a 12-month agreement. I've discovered mold in the shower and have witnessed multiple erratic outbursts from my landlord, including aggressive behavior and inappropriate language during late-night hours. The lease requires me to pay the... View More

James L. Arrasmith
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answered on Sep 19, 2025

You may have grounds to break your lease without penalties if the apartment is uninhabitable or the landlord’s behavior creates a hostile living environment. Mold can be considered a serious health hazard, and if the landlord fails to address it after being notified, this can strengthen your... View More

1 Answer | Asked in Workers' Compensation, Employment Law, Libel & Slander, Public Benefits and Personal Injury for Utah on
Q: Can I charge my ex-employer for discrimination, harassment, defamation, false claims, and unpaid wages?

While working at my previous job in Utah, I suffered a work-related injury and filed a workers' compensation case with restrictions for light duty—no lifting over 20 pounds and no standing on stairs. My ex-employer ignored these restrictions and required me to perform regular duties.... View More

James L. Arrasmith
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answered on Aug 31, 2025

Yes, you may have multiple legal claims based on what you described. Forcing you to work beyond your medical restrictions after a workers’ compensation injury could support claims of discrimination or retaliation under workplace laws. The harassment and defamatory statements accusing you of... View More

1 Answer | Asked in Civil Litigation, Personal Injury, Real Estate Law and Contracts for Utah on
Q: Damage to driveway, sidewalk, and stairs from sprinkler company. Seeking legal options.

I had damage done to my new driveway, sidewalk, and front stairs caused by a sprinkler company, which acknowledged their fault. The water ran under these areas and caused them to raise and crack during a hard freeze, resulting in significant structural damage. The driveway was particularly... View More

James L. Arrasmith
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answered on Sep 1, 2025

Since the sprinkler company already admitted fault, you are in a strong position to pursue compensation for the damage. Their refusal to resolve it voluntarily leaves you with the option of legal action. You should start by gathering all documentation, including photos, repair estimates, invoices,... View More

1 Answer | Asked in Domestic Violence, Personal Injury and Criminal Law for Utah on
Q: Can I charge my husband for assault after mutual accusations and reduced charges?

I confronted my husband after catching him cheating, which led to an argument where he started choking me, forcing me to defend myself by scratching and biting him as he put his fingers down my throat. Despite this, when the police arrived, they treated him as the victim due to his visible... View More

James L. Arrasmith
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answered on Aug 30, 2025

Yes, you can still pursue charges against your husband if you believe he assaulted you. The fact that your charges were reduced to disorderly conduct does not prevent you from filing a report or providing evidence that you were also a victim in the incident. Your medical records documenting neck... View More

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Family Law for Utah on
Q: How to recover lost property and reputation due to family dispute in Utah?

I lost my property and reputation due to actions taken by my sister-in-law. She unjustly accused me, took my belongings, and prevented me from accessing my home for four years. Despite making a report with local police, judicial authorities sided with her. As a result, I lost another home and... View More

James L. Arrasmith
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answered on Sep 2, 2025

Losing both property and reputation through a family dispute is deeply painful, and it can feel overwhelming when legal authorities seem to favor the other side. In Utah, you have the right to pursue recovery of property through civil court by filing claims for conversion, theft, or unlawful... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Utah on
Q: Seeking advice on a potential malpractice case involving delayed communication of test results and subsequent hospitalization.

I'm trying to find out if I have a malpractice case. My daughter had blood work done at the emergency room, but they have not called us back. She was later seen at an urgent care, and four days after being admitted to Primary Children's Hospital, she spent 2 days in the ICU and a week in... View More

James L. Arrasmith
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answered on Sep 8, 2025

To determine if you have a potential medical malpractice case, you need to consider whether the healthcare providers breached their duty to your daughter and whether that breach caused harm. In this situation, delayed communication of critical blood work and abnormal EKG results may be viewed as a... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Utah on
Q: What can I do about insurance refusing to collect crucial video evidence in a car accident?

I was involved in a car accident on July 22, 2025. Despite contacting the insurance companies afterward, they refuse to collect essential evidence, particularly the video footage from the police, stating it's not their responsibility. I'm trying to obtain this footage myself, but... View More

James L. Arrasmith
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answered on Jul 26, 2025

It’s incredibly frustrating to know that vital video evidence exists but the insurance companies won’t take the initiative to obtain it. Even though it feels unfair, insurance companies often leave it up to the individuals involved to gather supplemental evidence—especially if it comes from a... View More

2 Answers | Asked in Contracts, Personal Injury and Real Estate Law for Utah on
Q: How can I protect myself if my neighbor removes a tree on my property and gets hurt?

I discussed with my neighbor the possibility of him removing a tree located on my property since part of it hangs over his property and is damaging his grass. We can't afford a professional to do this. How do I protect myself and my property if he gets hurt or causes any damage during the... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 28, 2025

Hello,

It is good to be thinking about liabilty before you allow your neighbor to DIY stuff that has the ability to go way wrong.

A written disclaimer of liability should help protect you and your property in Utah if your neighbor is injured or causes damage while removing the... View More

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1 Answer | Asked in Personal Injury, Domestic Violence and Civil Rights for Utah on
Q: Can I file a lawsuit against a youth crisis center for abuse in Utah?

I am a survivor of abuse at Cinnamon Hills Youth Crisis Center in St. George, Utah. During my time there, I was physically assaulted, which resulted in a dislocated arm, and I was touched inappropriately by my counselor. I faced daily threats, and when I wanted to seek medical help for my shoulder,... View More

James L. Arrasmith
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answered on Jul 5, 2025

Yes, you can pursue a lawsuit against the youth crisis center in Utah for the abuse you endured. Physical assault, sexual misconduct, medical neglect, and intimidation are all serious violations of your civil rights and bodily autonomy. Even if there is no formal documentation, your... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Utah on
Q: Problems with landlord regarding lease, black mold, AC, disposed belongings.

I'm experiencing ongoing problems with my landlord since October. Although we signed a lease, we never received a copy, and there is black mold present in our apartment. Additionally, we have no air conditioning, and the landlord has had neighbors spy on us. Recently, she removed our... View More

James L. Arrasmith
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answered on Jun 25, 2025

You have multiple valid concerns, and your landlord’s actions may violate both health and property laws. First, even without a copy of your lease, your rights as a tenant remain protected under landlord-tenant law. Black mold and lack of air conditioning—especially if AC was advertised or... View More

3 Answers | Asked in Car Accidents and Personal Injury for Utah on
Q: Car accident not my fault. Is it okay to have a beer before going to the hospital?

I was involved in a car accident that was entirely the other driver's fault, according to the documentation I've gathered. I've already reported the accident to my insurance company, and I am experiencing neck pain. Before I visit the hospital, I'm wondering if it's okay... View More

Emery Brett Ledger
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answered on May 28, 2025

Hi there,

Thanks for reaching out—and I’m really sorry to hear about your accident. That kind of experience is never easy, and I hope you're able to get the care and support you need. (This question might be moot as you likely are already have been to the hospital by now but... View More

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1 Answer | Asked in Civil Rights and Personal Injury for Utah on
Q: How can I address excessive force by police officers in Utah causing injury to my son during a warrant search?

I'm considering suing four officers and one sergeant for excessive force causing bodily injury to my son in Ogden, Utah. On April 9, 2025, during a warrant search at a house, my son, who was not the subject of the warrant, was detained by police officers. As he left the house, officers asked... View More

James L. Arrasmith
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answered on May 31, 2025

You can pursue a civil rights claim under 42 U.S.C. § 1983 for excessive force, unlawful detention, and possibly failure to intervene if other officers allowed the abuse to happen. Since your son was not the subject of the warrant and wasn’t posing a threat, detaining and using force against him... View More

1 Answer | Asked in Civil Rights and Personal Injury for Utah on
Q: Advice on legal actions for false accusations and use of force by police.

Two days ago, I was at a Wells Fargo ATM when an officer approached me and demanded I go outside with him. Despite my insistence on finishing my transaction and stating I hadn't done anything wrong, he threatened to handcuff me and take me to jail. The encounter lasted about a minute before he... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you sounds deeply upsetting and should not be ignored. If you were physically harmed by a police officer without cause, and especially in front of witnesses with video evidence, you have grounds to pursue both a civil rights complaint and a potential personal injury claim.... View More

1 Answer | Asked in Car Accidents, Consumer Law and Personal Injury for Utah on
Q: Liability in parking accident with illegally parked car in Utah

I was backing out of a driveway, and there was a car illegally parked in the middle of the road. While looking for oncoming traffic, I bumped its bumper, leaving a few barely visible scratches. No report was filed, but I have Ring camera footage showing the car parked in the street. My son... View More

James L. Arrasmith
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answered on May 14, 2025

In situations like this, liability can be shared between both parties. Even though the other car was illegally parked, as the driver backing out, you still had a duty to ensure the path was clear and to avoid any contact. Utah follows a comparative negligence rule, which means fault can be split,... View More

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