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Utah Personal Injury Questions & Answers
1 Answer | Asked in Consumer Law, Personal Injury, Tax Law and Stockbroker Fraud for Utah on
Q: Law suit or cash payment..HELOC check acceptable?

My boyfriend wanted to help me invest my portfolio. I gave him access but with stipulations that we were to talk about each position and I would okay them. I also told him I did not want to lose more than 2500$ of the original 10 k we talked about. He was to always put stops or trailing stops to... Read more »

Wesley Winsor
Wesley Winsor answered on Apr 7, 2020

He basically gave you a gift. Don't worry about taxes. Gifts are not taxed. You do not need to worry about taxes.

Wes

1 Answer | Asked in Consumer Law, Personal Injury, Business Law and Federal Crimes for Utah on
Q: This may be stupid but i have to know, Can I sue McDonald's and Other Companies Involved in Monopoly?

I am finding out for the 1st time EVER that the monopoly games were fixed and I am devastated! As a young woman,teenager, &single mom, i spent every bit of my weekly allowance, money earned from babysitting, mowing yards, odd jobs,and money from my 1st waitressing job on the monopoly game.... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 30, 2020

When you say that the monopoly game was fixed, I am not sure understand. Did they misrepresent anything? Did you read their fine print of the rules and find out that they were lying? If so they could be liable. If you thought your chances of winning were better than what McDonalds represented... Read more »

1 Answer | Asked in Civil Litigation, Contracts and Personal Injury for Utah on
Q: wrongful eviction with a plan that involves roomate and neihbors

my landlord evicted myself and my boyfriend said he had no choice. the neighbor tried to get us to swap her daughter apartments but we said no, my boyfriends roomate made the choice to talk to the neighbors and the landlord and they all agreed that me and my boyfriend should be evicted, and then... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 3, 2020

If your eviction is still pending, a landlord-tenant attorney could advise in the best manner - or given the difficult situation, you may have already decided to start looking into other places at this point. Good luck

Tim Akpinar

1 Answer | Asked in Child Support, Family Law, Libel & Slander and Personal Injury for Utah on
Q: What can i do if my custody case has other proceedings and or personal attacks against me from those who r on my ex side

my ex filed for full custody after i filed for support. well after out temporary orders hearing my ex and his attorney had requested things they know i cant do so there for my parent time has been taken from me even though i begged them to make it to where i can do them but they would not. My ex... Read more »

Lane Wood
Lane Wood answered on Jan 13, 2020

First and foremost, it sounds like you should consider hiring an attorney. It sounds like your ex and his attorney are taking a very aggressive approach in the custody litigation. Their approach seems to be working to keep you from the kids. I suggest finding an attorney who can help level the... Read more »

1 Answer | Asked in Nursing Home Abuse, Employment Law and Personal Injury for Utah on
Q: I got hurt/burnt at work, at a nursing home. Someone left oil and food on the grill and set off the fire alarm.

And in a panic I grab the tool to get grease off and other stuff off the grill and the oil was at the highest temperature. And when I scrapped the burnt everything off the oil went up the tool on to my hand and caused. 2nd-3rd degree burns from the tip of my finger to my nuckle. After a half hour... Read more »

Michael C. Smith
Michael C. Smith answered on Oct 18, 2019

I'm very sorry to hear about your injury and the retaliation by your company. You probably have a workers compensation claim for your injuries and a wrongful termination. You should definitely speak to an attorney about your case. Best wishes to a quick recovery.

1 Answer | Asked in Car Accidents and Personal Injury for Utah on
Q: Is a driver liable for causing an motorcycle accident if they initiate a turn in front of the bike and it goes down?

The driver of the car initiated a left turn into a school and stopped a foot in the lane of traffic of the motorcycle who was traveling in the opposite direction. The car didn’t hit the motorcyclist. The driver of the motorcycle assuming they would be hit braked hard locking the front wheel while... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2019

I do not practice in Utah, but your question remains open for four weeks. A local attorney could best advise on the operation of Utah's vehicle and traffic laws. However, as general legal doctrine, one can be liable for an accident even if they do not actually physically impact the other... Read more »

1 Answer | Asked in Personal Injury for Utah on
Q: due you know any lawyer that will take a case from a women who had direct inguinal hernia surgery in 2001.

I can only find ones that go back as far as 2004. The doctor that did the surgery is no longer in salt lake city and they no longer have my records. So I do not no if I have the recall ring or mesh they used. I have had a lot of problem,and pain with this surgery.

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2019

The issue is if they remove it you want it saved. I don't see a likely case until you can identify that item. Check the hospital records for the bills for the surgery--that might state what it was that was put in. Also hospitals frequently have the records that far back.

1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Utah on
Q: Don't you have to be a felon to be a restricted person? Or have mental illness? Or have some conviction for violence?
Tim Akpinar
Tim Akpinar answered on Feb 9, 2019

You could additionally post this in the Criminal Law section. Criminal law attorneys would be able to provide more meaningful input on the issues mentioned here than personal injury attorneys would.

Tim Akpinar

1 Answer | Asked in Personal Injury for Utah on
Q: Whats the statue of limitations on suing a company of your injuries
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

If its a company you work for it will be different than if it's from a product is diiferent from other cases. Contact a member of the Utah Trial Lawyers Assn in your county. They give free consults.

1 Answer | Asked in Intellectual Property and Personal Injury for Utah on
Q: Left personal property behind in nevada hotel room. Staff say nothing has been found since april 2018

Contacted them by email and by phone many times. I am certain staff did not turned it in.

Wesley Winsor
Wesley Winsor answered on Dec 12, 2018

I am not sure that you posited a question. I will try to answer what you might be asking and that is whether a hotel is liable to disclose or facilitate the return of property left at their hotel by tenants if the tenant reports that it was left there.

The hotel's position is that...
Read more »

1 Answer | Asked in Personal Injury and Small Claims for Utah on
Q: Auto-repair/dealer employee made rude/crude comments while giving me a bill for something i didnt ask for. What can I do

I already knew the problem and just wanted an idea of how much it would cost. I left and returned and decided it was to much so i wanted my car and to leave. So, he wrote me a bill for diagnostics and i told him i already knew what was wrong, i didn't want the diagnostic. He said it was in the... Read more »

Wesley Winsor
Wesley Winsor answered on Aug 28, 2018

I am sorry, but there is not much you can do legally. Offensive speech is free speech. There are such claims as "intentional infliction of emotional distress" and "negligent infliction of emotional distress" but his conduct would not rise to that level.

If he had...
Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Utah on
Q: Can a judge keep making you restart supervision with no end in sight torment&continues still years over even no illegal?

Is it okay for someone to suffer over and over for years because a judge wants to say you can't do it...even legal everywhere...then expect me to be okay with revoking and restarting for 10 years or however long and go through all this keeping in mind already spending 48 months in custody... Read more »

Gary Kollin
Gary Kollin answered on Jul 31, 2018

You need to consult directly with an attorney. Your facts are not sufficient to understand what occurred. Moreover, you have one long run-on sentence so it is virtually impossible to parse

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1 Answer | Asked in Gov & Administrative Law, Personal Injury and Employment Discrimination for Utah on
Q: Timing on filing a federal TORT CLAIM. Have a final decision pending with the board of THE MSPB.
Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

You want to consult a member of the Utah Assn for Justice that handles federal employment claims. They give free consultations. The notice of investigation you received from the Board should have that information on it.

Q: What if my husband had a 3 to 4 slice of wood jammed through his hand at work and the employer asked my husband if he

Would put it on our personal insurance because he didn't have workman's comp for his employers. Very small company, we question if workman's comp is required. This was Friday 10/27/17, my husband was "let go" yesterday, 10/31/17!! Please help?

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Nov 1, 2017

I'm not licensed in Nevada, and am not sure where this occurred, but in Utah the employer would have to have had workers compensation insurance (and I'm 99% certain that would be the case in Nevada -- I think it's the case in all states. Your husband should see a good personal injury... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Utah on
Q: I'M 62 year's old and trying to find an attorney to represent me concerning the tobacco master settlement agreement.

Or tell me how I can get on the list to get the money for it.

Brian K Jackson
Brian K Jackson answered on Jul 28, 2017

Are you located in Utah or California?

1 Answer | Asked in Personal Injury and Workers' Compensation for Utah on
Q: Are workers compensation checks based off of hours youve worked for the company or is it just 2/3 of a regular check..
Peter N. Munsing
Peter N. Munsing answered on Jun 9, 2017

You look at your average wages (gross). Note any second jobs or other work you can't do. Also, if while you are out there is OT you missed, or holiday pay you should factor that in.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Utah on
Q: Can an adult instructor of equine activities be held liable if they don't require their youth students to wear helmets?

Utah S.B. 123: INHERENT RISK OF LIVESTOCK ACTIVITIES

Utah Code: 78-27B-102

Brian K Jackson
Brian K Jackson answered on May 1, 2017

The statute listed says it all, which constitutes negligence in the disregard for the safety of the participant. After that is proven, you have to show that there was an injury associated to that. They can't be held liable for anything if there isn't an injury according to the statute. So... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury and Workers' Compensation for Utah on
Q: If I fell and hit my head and shattered my wrist from 20ft and the never checked for a brain injury would I have a case

Was at work

Peter N. Munsing
Peter N. Munsing answered on Apr 17, 2017

You are only compensated for what did happen, not what could have happened. If you had a brain injury that was made worse by their failure to diagnose and treat, yes; if the damage had been done before they examined you and the delay made no difference no. Get your comp attorney to recommend some... Read more »

1 Answer | Asked in Employment Discrimination, Libel & Slander and Personal Injury for Utah on
Q: Can I sue a former supervisor for slander if they told a new employer untruths about me that almost cost me my new job?

I have worked at the State Hospital since 2008 when I got my RN license until January 10, 2017 when I was forced to quit or be terminated, accused of patient neglect. I worked on a unit that is one of the most difficult units in the hospital. There are severely ill patients and 2-3 day shift psych... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 28, 2017

Possible, as that could be libel per se; however hopefully things are doing well, you are working hard to counter any suspicion they may have, and have prevented major fallout. Consult a member of the Utah Assn for Justice who handles slander cases--they give free consults.

1 Answer | Asked in Civil Rights, Criminal Law and Personal Injury for Utah on
Q: my 13 yr old is in mental hospital where we visit him every saturday i left my cell phone accidently can they look at it

isnt it a invasion of my privacy to look threw my phone

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

Not if they are trying to identify who owns it.

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