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Utah Personal Injury Questions & Answers
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...
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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 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.

2 Answers | Asked in Criminal Law and Personal Injury for Utah on
Q: can a walmart securty guard lay hands on you

my friend got beat up mat walmart hurt her back her sholders dshes got whip lash

Brian K Jackson
Brian K Jackson answered on Oct 28, 2016

It can depend on the exact circumstances of the case, the evidence the security guard had, and the reasonableness of the use of force in connection to the arrest.

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3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Utah on
Q: Attacked by yellow jackets at work

We were asked to start a project as soon after starting we were attacked by yellow jackets I was stung 20 to 30 times on the back of my head and throughout my body. I was wondering if there was any legal action I can take

Lincoln W. Hobbs
Lincoln W. Hobbs answered on Oct 27, 2016

Assuming you required medical treatment, the expenses should be paid by your employer's workers' compensation insurance. You probably don't have a personal injury claim against your employer, assuming they had that required coverage. And there's not likely a claim against anyone... Read more »

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3 Answers | Asked in Personal Injury and Car Accidents for Utah on
Q: Hello I'm in Salt Lake city UT I sing a Release of all Claims about a month and a half ago. I keep calling asking

About when will I get my payment. As they don't know what can I do about this

Peter N. Munsing
Peter N. Munsing answered on Oct 12, 2016

If you were hurt they may be doing you a favor. You can call and say you consider the deal over and see an attorney. Or you can file a complaint with the insurance commissioner.

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1 Answer | Asked in Personal Injury for Utah on
Q: autistic six-year-old son has been being sexually assaulted in Riverton Elementary School what lawyer is best fit

The Jordan School District is doing nothing about it but covering their own self and not worrying about the safety and well being of my child. The press knows and I as a protective parent am not going to stop until those responsible are held accountable

David Alan Wolf
David Alan Wolf answered on Apr 28, 2016

Cases against public and government entities can be quite challenging. I recommend you retain the services of an attorney who has handled child abuse cases of this nature. I cannot recommend a specific attorney in this forum due to the rules of this forum but I do know that there are a number of... Read more »

1 Answer | Asked in Personal Injury for Utah on
Q: Can a US based attorney file a civil lawsuit against CREN, Serial Number 86436382, Registration Number 4755730

person was injured due to faulty ladder made by Cren. please answer this question under the basis that the ladder was defective and the person was seriously injured as a result. he has an attorney and they are telling him it is impossible to sue because the manufacturer is in china

Brian K Jackson
Brian K Jackson answered on Mar 16, 2016

It depends on the facts of the case to determine whether or not it was due to a defect and whether or not there were any damages sustained from the defect.

1 Answer | Asked in Personal Injury for Utah on
Q: Arrested several times, accused of 37 felonies, all false alligations by an ex boyfriend. Charges dropped can I sue?

During the pre-trial my ex said he thought I was sending him emails. Under cross he said he got my home address by watching police records, then he was creating spoof emails looking like they were comming from me.He accused me of sending additional emails and hacking into his bank account and... Read more »

Brian K Jackson
Brian K Jackson answered on Nov 20, 2015

You would have to prove that the charges against you weren't reasonable and that the person bringing the charges knew they weren't legitimate.

1 Answer | Asked in Personal Injury for Utah on
Q: city has been digging a well close to my back yard for over 2 months, it was a 24/7 operation for over 2 months

its still ongoing, i have lost sleep and the noise has been extremely disturbing, should i just file a civil suit or do i need a lawyer and what kind?

Brian K Jackson
Brian K Jackson answered on Nov 1, 2015

Have you tried talking to them and explaining the situation? Have you gone to the city and explained them the situation? That might be the best way to go before going to the courts. If they still don't respond, then you can try and enforce a noise ordinance on them or a nuisance case.

2 Answers | Asked in Personal Injury for Utah on
Q: How long does a case take to be litigated if a lawsuit is filed in personal injury case in utah
George Tait
George Tait answered on Aug 31, 2014

It depends - but if you file a case and go all the way through trial it should be completed within about 18 months.

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2 Answers | Asked in Personal Injury for Utah on
Q: How do i find out if someone really won a 13 million$ lawsuit?
Ryan P. Sullivan
Ryan P. Sullivan answered on May 13, 2011

Perform a public records search in the jurisdiction where the case was claimed to have been filed. If there was a judgment, it will be public record unless sealed.

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