Claimed Lawyer ProfileQ&AResponsive Law
- Personal Injury
All consultations are free. I also usually conduct due diligence on difficult cases (like where fault in a wreck is disputed) at no charge to the client unless I win or settle the case.
I usually charge a 33% contingency fee. However, sometimes I modify that agreement to be fair to the client if the facts of the case suggest a different fee is warranted.
Jurisdictions Admitted to Practice
- English: Spoken, Written
- Spanish: Spoken
- Young, Kester, Black & Jube
- - Current
- Oklahoma City University School of Law
- University of Utah
- Utah Valley State College
- Top 40 Under 40
- National Trial Lawyers
- Trial Lawyers College
- The Trial Lawyers College (TLC) was founded by famed attorney Gerry Spence. At the college, and through his instructors, Gerry has passed his trial theories to attorneys who vow to represent the "little guy" against large corporations and government.
- Utah State Bar  # 11325
- Utah Association for Justice
- Board of Governors
- Wildlife Liability Issues , Human Wildlife Encounters , Idaho
- Idaho Fish and Game
- Game Changing Wins: How recent victories can change your practice , Salt Lake City, Utah
- Utah State Bar
- Elevating You Case Beyond a Fender Bender , 2017 Auto Spectacular , Sandy, Utah
- Utah Association for Justice
- Expert Witness Disclosure & Hot Topics with Experts , Central Utah Bar Association Luncheon , Provo, Utah
- Central Utah Bar Association
Websites & Blogs
30 Questions Answered
- Q. How often does a previous injury affect an auto-injury case? Without offering information about a previous injury.
- A: Good question. Your issue is a common one in most personal injury cases. A reputable injury attorney knows how to deal with this. You are only entitled to make a claim for the injury that was "caused" by the wreck in question. Whether that means a completely new injury or aggravation of a pre-existing injury may be debated in your case. In all likelihood the insurer will be able to discover exactly what your prior records say (regardless of the state where you sought treatment for that injury) and have a physician or physicians consider how those injuries relate to your new injuries. If the evidence is clearly in your favor, sometimes the defense won't dispute your position about what injuries this wreck caused. Other times the defense takes an unreasonable position and hires unscrupulous experts to provide bogus opinions to try to hurt your case. You will be able to either have your physicians explain the difference between the new injury and the old, or hire experts to do that for you. You can also testify about the differences and/or have family and friends testify what they've observed. But a reputable injury attorney should be able to help you determine how to approach this in your case.
- Q. I need to know if I can fight an accident during an unsafe change lane from another driver.
- A: You're asking a classic comparative fault question. Yes, you can make a claim for your damages if you feel the other driver was at fault. But a jury may have to decide the answer to that question. The insurer may take the position that because the other driver was in front of you that you were more to blame for the accident. Whether a jury believes your position or the insurer's position will depend on the facts of your case as presented by your lawyer. A jury would likely hear your position, the other drivers' testimonies, and witness accounts of the events that led to your wreck. An accident reconstruction expert might also help a jury understand the factors that led to the crash. You likely can't win this battle on your own. An experienced injury attorney should be able to help you.
- Q. can i sue company for not having pretrial information that I requested and had to file without?Case was dismissed
- A: It appears your case originates in Georgia and you should ask a GA attorney your question. My response is based on Utah law, but most states do something similar to Utah. I'm also unclear as to the posture (or procedural stance) of your case so I'm making some assumptions in my answer. Yet, it appears you need a GA attorney to answer your question immediately. Insurance companies for someone you might sue almost never have your best interest at heart. Insurance companies usually "investigate" potential claims whether they think the case has merit or not. Regardless of whether they investigate a claim, you must take appropriate action within the deadlines (usually called a statute of limitations ) to protect your right to sue. I don't mean this to sound curt, but why would an insurer for a doctor you intend to sue protect your right to sue? It wouldn't. The insurer benefits financially if you make a procedural mistake or miss a deadline to sue. In any medical malpractice case you typically need a physician (expert) in the same field to provide opinions on the standard of care (SOC) at issue in your case. The expert usually must opine that the defendant breached the SOC and that the breach caused an injury to you. Unfortunately this makes many even meritorious lawsuits too expensive to litigate, but that's a requirement in most states. Your records alone almost never satisfy this requirement. Physicians are required to disclose your records to you. But in my experience they often disclose them late, the disclosures are incomplete, and sometimes they're altered. Unscrupulous physicians and insurers frivolously use this as a tactic. Yet, a reputable attorney has fought the record collection battles, can help collect all records, and can use evidence of altered records in your favor. Unfortunately however, I don't anticipate that you can "sue" the insurer or physician for belated record disclosures and misleading you about their investigations. There are a few unique exceptions to my conclusion, but it's too technical to explain here. I hope this gives you some guidance. But if you're going to salvage anything, you need to contact a GA attorney quickly.
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