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Utah Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Rights, Domestic Violence, Legal Malpractice and Family Law for Utah on
Q: After my husband was arrested for aggrevated assault against what the court papers called a protected person "TS" but wa

s actually me,he then signed a plea agreement that included an 8 month no contact order with this "TS" as the victim. I was not contacted by the courts or anyone to see if I wanted a no contact order, which I did not want. There was no other person present at the incident. To insure my... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm so sorry to hear about this difficult situation you're facing. It sounds like a very stressful and unfair ordeal. A few thoughts:

As the victim, you should have been consulted about the no contact order before it was put in place, especially since you didn't want it....
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2 Answers | Asked in Personal Injury and Civil Rights for Utah on
Q: Can a loss prevention employee after placing a person in handcuffs slam them against a wall when they are 100% complying

A loss prevention employee of WinCo placed a person in handcuffs when the person was complying to their orders a loss prevention employee came behind them slamming them into a wall giving them a black eye. Claiming merchant law

James L. Arrasmith
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answered on Dec 5, 2023

In Utah, loss prevention employees have certain authorities under the state's merchant law, such as detaining individuals suspected of shoplifting. However, this authority is not unlimited and must be exercised within the bounds of the law.

If a person is fully complying and poses no...
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Q: What type of lawyer do I need to fight against a company I was fired from for an allergic reaction to their chems?

Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.

T. Augustus Claus
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answered on Sep 28, 2023

For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.

2 Answers | Asked in Real Estate Law, Estate Planning and Personal Injury for Utah on
Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 25, 2023

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving...
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1 Answer | Asked in Car Accidents and Personal Injury for Utah on
Q: I was recently in an car accident and would like a professional opinion on who may be liable for damages.

It was raining heavily and I was heading home for the day. I was about to turn right onto a road to leave my works parking lot. I looked both ways and saw no incoming cars. However due to the rain and tall plants blocking my view of the sidewalk and I didn't see a man on a bike coming towards... View More

Tim Akpinar
Tim Akpinar
answered on Sep 4, 2023

A Utah attorney could advise best, but your question remains open for a week. Until you are able to consult with a local attorney on state-specific rules, there are elements on both sides that could be argued - bicycle on sidewalk, vehicle leaving parking lot duty to yield, and other possible... View More

3 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: I got into a situation defending a friend that was being beaten up I have charges being filed on me

I was visiting a friend and there was an argument between us and the neighbors . My friends boyfriend went outside and the neighbors started physically assaulting him. I went put to help him and one of them hit me from behind in the eye with a weapon. All of a sudden I hear gun fire and I pull... View More

Mike Branum
Mike Branum
answered on Aug 30, 2023

Your question has a long list of variables. You really do need to sit down with a qualified criminal defense attorney who can review your criminal history (if any) and the charges you are facing, and discuss the circumstances of your arrest to determine what the best course of action is in your... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Utah on
Q: My brother committed suicide by shooting himself. Can his widow get life insurance?

My brother had 2 difficult rounds of chemo after a cancer diagnosis. Alongside rigorous cancer treatment, he was prescribed Xanax. Some studies have shown there to be links between suicidal thoughts as a side effect of Xanax. Could a case be made that his prescription and use of Xanax could’ve... View More

Damon Miller
Damon Miller
answered on Apr 1, 2023

I'm so sorry for the loss of your brother.

For your sister-in-law to be eligible for life insurance benefits there are a couple things you'd need to know. First, do you know if your brother had a life insurance policy? For his widow to receive life insurance benefits, there would...
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1 Answer | Asked in Health Care Law and Personal Injury for Utah on
Q: I had gotten the Pfizer vaccine and have been dealing with blood clots do I have any kind of case?

I've been going through this for over a year and a half now. Also swelling in my left calf muscle down to my toes off and on. Nowhere else.

John Michael Frick
John Michael Frick
answered on Mar 24, 2023

You can’t sue but you can submit a claim to the Countermeasures Injury Compensation Program through the U.S. Department of Health and Human Services.

Be aware that the Biden Administration has been criticized for denying most such claims.

To optimize your chance of success, be...
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1 Answer | Asked in Personal Injury and Education Law for Utah on
Q: Can you sue a school for not taking action after three separate assaults occur - including injuries/concussion
Tim Akpinar
Tim Akpinar
answered on Jan 15, 2023

A Utah attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the assaults. It's possible you could - but more information is needed in terms of location and other details. You could reach out to local attorneys to try to arrange a free... View More

2 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for Utah on
Q: Can you sue a company for posting pictures of something you constructed (built) with out recognizing you as the builder?
T. Augustus Claus
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answered on Oct 24, 2023

In Utah, you can potentially sue a company for using pictures of something you built without crediting you, but the outcome depends on various factors. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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1 Answer | Asked in Personal Injury and Products Liability for Utah on
Q: Son hospitalized from a cooking that was made with Almond flour. Has nut allergy. Both Label and store no indication.

Is the local cookie company libel? If no clear indication that cookie includes nuts or has been made with nut flour?

Tim Akpinar
Tim Akpinar
answered on Aug 31, 2023

A Utah attorney could advise best, but your question remains open for a week. I hope your son is okay. Only a local attorney could advise on state-specific requirements for labeling - one option is to try to arrange a free initial consult with a local attorney, with the applicable packaging. Good... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Utah on
Q: On my third donation, there was not enough blood flow for some reason from either arm, so a staff member came over⬇️

He told me despite trying both arms he was just going to “unplug” me because they weren’t getting any plasma from me. He turned off the machine, and immediately after, another worker standing by realized he had turned off my machine before giving me any of my blood back. They hadn’t... View More

Joel Gary Selik
Joel Gary Selik
answered on Aug 21, 2023

It appears they acted below the standard of care. It is not clear what the nature and extent of your injuries may entail. If the harm is sufficient, it may be worth hiring an attorney.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Utah on
Q: Is there an attorney who can help me get my medical bills for. My doctor said he would and he's not.

I have a voice recording of the doctor that said he was going to pay for my medical bills from this point on. He did plastic surgery on me and it didn't go right and now I've submitted my bills to him and he's not paying them I need help.

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2023

A Utah attorney could advise best, but your question remains open for a week. It's difficult for attorneys to reach out to you - you would need to reach to them. In addition to your own searches, there's a tab above, Find a Lawyer. State and local bar associations also have attorney... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Utah on
Q: When does the 21 day clock start ticking on the deadline to respond in a federal civil suit?

If one learns one has been named a defendant in a federal civil suit prior to actually being served (say, for instance, by coming across the complaint while reading other cases), does the 21-day "clock" start counting down to respond from the moment one first becomes aware one is a... View More

Wesley Winsor
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Wesley Winsor
answered on Jul 5, 2023

The clock doesn't start until actual service is made.

1 Answer | Asked in Personal Injury for Utah on
Q: can I sue my school for giving students 3 day expired milk
John Michael Frick
John Michael Frick
answered on Mar 1, 2023

Milk is more than likely safe to drink 5-7 days past its sell-by date if it was unopened.

If you required medical care as a result of drinking the milk, you theoretically could sue for personal injury to recover your medical expenses.

1 Answer | Asked in Elder Law, Identity Theft, Personal Injury and Products Liability for Utah on
Q: Can I sue my past landlord in02/09/2021 for evicting me from my apartment over night when it was against the law to evic

Tenets during that time in the beginning of the COVID-19 Pandemic

Wesley Winsor
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Wesley Winsor
answered on Feb 13, 2023

If it were a wrongful eviction, you would need to prove damages. Do you have good evidence that it was a wrongful eviction? Also, that you suffered damages? I would not advise, based on the limited facts, that you pursue this. You are likely to spend more money in litigation and attorney's... View More

1 Answer | Asked in Personal Injury for Utah on
Q: If I tripped on a backpack in a dark room when it was not supposed to be there and I got injured can I sue the school?

Came into the room and the teacher had all the lights off so it was dark and I tripped on a backpack when it was not supposed to be there and hit a rail and got injured.

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2022

A Utah attorney could advise best, but your question remains open for two weeks. The best way to answer your question would probably be to reach out to a local attorney to discuss in further detail. While anyone could sue for anything, an attorney could help you evaluate whether you have a case... View More

1 Answer | Asked in Personal Injury for Utah on
Q: While spraying for pest control at a customers home I fell through their plastic window well covered by snow.

He said the home inspector told him he had to have his winow wells covered so he bought the cheapest he could find. The window well was in an odd corner of the house and I had zero idea it was there because it was covered by snow. I now have major back issues and possible medical bills will follow.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2022

A Utah attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal with the injuries and the financial burden they have created. In these types of situations, the first go-to source for medical bills would ordinarily be workers' comp insurance. If... View More

1 Answer | Asked in Personal Injury for Utah on
Q: Can you sue a residential treatment center from when you where a minor (8) years ago for physical abuse and negligence ?

Myself and a few other girls from my treatment center where abused as minors and we have permanent nerve damage as well as other injuries we still have today. I was young when I left and didn’t realize it was child abuse until I was older

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2022

A Utah attorney could advise best, but your question remains open for two weeks. I'm very sorry this happened to you and the other girls at the facility. You could reach out to law firms to discuss in detail and confidence. The fact that this happened to more than one of you could possibly... View More

1 Answer | Asked in Employment Law, Personal Injury and Communications Law for Utah on
Q: (Utah) I was terminated due to attendance at my job, and my boss contacted my cohabitates to inform them.

For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... View More

Michael Lewis Eisner
Michael Lewis Eisner
answered on Sep 21, 2021

You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... View More

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