FAQs

Q: How long do I have to file a medical malpractice case?
A: Time limits are governed by laws called “statutes of limitations.”  In Utah, the statute of limitations on malpractice actions is generally two years, but in some cases, can be as short as one.  The time limit that applies to your case depends on who was negligent, where they worked, and what kind of malpractice occurred.  The time period may not begin to run until you suffer an injury, and discover that it was caused by negligence.  But the clock may start ticking even if you don’t know who caused your injury.  If the victim was a child, then the limitation period may not begin to run until he or she turns 18. Sound complicated?  It is.  The only way to know if you are eligible to bring a malpractice action is to contact an experienced attorney and get the case reviewed.  I offer free, confidential consultations, and this is one of the first questions I can answer for you.
Q: I had an attorney help me with a divorce…or a bankruptcy…or a will…can she do my malpractice case?
A: Ask her, but make sure she has successfully handled a medical malpractice case before.  Medical malpractice cases are among the most complex forms of litigation in Utah.  The laws that apply to malpractice actions are complicated, and they are constantly changing.  If even a simple mistake is made, you might lose your right to bring a claim forever.  My practice is focused on medical negligence cases; I understand the medicine and I know the law.  I don’t do divorces, I don’t do bankruptcies, and I don’t write wills.  By keeping my practice focused on malpractice and serious injury cases, I can deliver a high rate of success for my clients and make sure they are getting the best representation possible.

Q: How do I know if I have a good case?
A: There is a difference between having a case and proving a case.  The first thing I do is evaluate the facts, including reviewing records, photographs, and any other evidence.  If the evidence can be used to show that someone breached the standard of care and caused you an injury, and I can prove the case in court, then we can go forward with the case.  I offer free consultations, and I can usually tell you if your case is worthwhile over the phone.  If you have questions, we can meet in person to discuss your case.  We’ll go over the records together, I’ll explain your legal options, and we can decide how you want to proceed.
Q: How much is my case worth?
A: The law is designed to compensate injured people for their losses–to put them back in the position they would have been, but for the negligence of another.  Generally, the law allows you to recover for medical expenses, lost income, lost earning capacity, and pain & suffering.  I work closely with economic experts to ensure that we obtain a full recovery for you.
Q: Why do you practice injury law?
A: My first job out of law school was defending banks and insurance companies, and I hated it.  I went to law school because I was taught the importance of our national and state constitutions, and I believe strongly in the individual rights of Utah’s citizens.  When negligent people or corporations are allowed to act unreasonably, it takes away from people’s rights to enjoy life and pursue happiness.  Because negligence is not a crime, and is not prosecuted by the government, the only way to hold negligent people and companies accountable is for individuals to stand up and fight for their rights.  Not only does this secure justice for the injured person, it makes our community safer by encouraging responsible actions and deterring bad conduct.  After a year of working to help insurance companies get off the hook, I switched sides.  I want to represent real people, not giant corporations.
Q: How much will my case cost?
A: I handle most injury cases on a “contingency fee” basis, which means that you do not need to pay me anything up front.  In fact, you won’t pay me anything unless I recover for you.  If I obtain a settlement or verdict on your behalf, then the attorneys fees and costs will be paid from that amount.  The attorneys fee is up to 33.3% of the recovery–it will never be higher than that.  One of my goals is to put as much of the recovery into the pocket of my clients as possible, so in many cases, we will work together with financial specialists and annuitants to ensure that you are getting the most of any recovery.

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