As Southern Utah’s population increases, as our small towns turn to cities and as we move from a rural to an urban lifestyle, automobile accidents, injuries and fatalities will also increase. Ominously, Washington County now ranks consistently in the top five Utah counties for automobile accidents. Iron County ranks in the top ten. All indicators and predictors are that Southern Utah will increase substantially in population over the next decade. With the increased population, rest assured that there will be increased traffic and a significant increase in automobile injuries and fatalities as a result.
Unfortunately, experience has shown that the majority of people who get hurt in automobile accidents are hurt due to the negligence of someone else. About one fourth of all automobile accidents in Utah are caused by inattentive drivers charged with “improper lookout.” Additionally, about 20% of all fatalities are caused by a speeding driver. Unfortunately however, just because you have been injured by the negligence of someone else, does not necessarily mean that person will be responsible for all of the damage he or she has done.
Utah law does not require drivers to maintain insurance adequate to compensate you for a serious injury caused by someone else. Indeed, here at Aaron J. Prisbrey, P.C. one of the major tasks we have when someone has been injured in an automobile accident is to seek out additional payment sources for your loss. We look not only to the insurance of the driver who was at fault, but at multiple other sources of payment for your loss. These can be complex matters involving your own car insurance, private health carriers, workers’ compensation carriers, as well as State and Federal law. We understand these complex issues and can, many times, fashion an appropriate remedy.
We have handled numerous automobile accident cases. Indeed, Mr. Prisbrey has tried literally hundreds of injury and disability cases. He has recorded some of the highest automobile accident jury verdicts in Southern Utah. If you have been injured in an automobile accident as a result of someone else’s negligence, browse our site, order one of our books and contact us.
"Negligence" is a universal word which can be used to describe varying degrees of conduct. For example, you may have a child who neglects his homework. You may know a co-worker who neglects to return phone calls. Some are negligent in getting to appointments at the proscribed hour. In much the same way, a "negligence claim" could refer to varying degrees of conduct.
For example, a doctor could perform an operation in a negligent manner. You may become injured as a result of a driver who neglects to stop for a red light. You may get hurt by riding a negligently manufactured bicycle. You may slip and fall in the supermarket due to the grocers negligence in inspecting for produce in the aisle. You may get bitten by a dog, due to the owner's negligence to appropriately restrain the animal. You may become seriously ill or be hurt as a result of the negligent design of prescription medication by the drug company. Indeed, there are numerous different manners in which you may be hurt due to the negligence of someone else.
Here at Aaron J. Prisbrey, P.C., we discovered this principle long ago. It is virtually impossible to become versed in the law related to all potential negligence claims. For that reason, we have limited the scope of our negligence practice to just a few types of claims. The claims we handle generally relate to three areas of negligence; automobile accidents, construction accidents and dog bites. Many of the cases we take involve motor vehicles. We handle all manner of auto accident claims ranging from one car rollovers to large truck cases as well as auto-pedestrian claims. As we have handled hundreds of these claims, we have the skills necessary to handle these cases for you. If you have been injured in an auto accident, browse the site for information, order one of our books and give us a call. We are here to help.
The second group of negligence cases we take relate to construction accidents, whether occurring on a job site by someone else or as the result of faulty building construction. Prior to going to law school, Mr. Prisbrey worked in the construction industry and actually held a Utah journeyman electrician license. He understands construction and how the construction industry works. Here at Aaron J. Prisbrey, P.C. we have handled numerous cases where workers or others have been injured in these types of accidents. We have litigated many of these cases and are responsible for much of the case law in this field from cases we have taken to the Supreme Court. If you have been injured on the job as a result of the negligence of someone else, who does not work for your employer, browse the site for information, order one of our books and give us a call. We are here to help.
The final group of negligence cases we take are dog bite cases. This is a highly specialized area of negligence law. It is a little known fact that male dogs are several times more likely to attack than female dogs. Pit bulls and Rottweilers are most likely to attack, followed by Akitas and Chows. Also, two dogs left unattended are much more likely to attack than one. Many times, defense lawyers and insurance companies will argue you provoked the dog. We understand the fallacy of this defense. Most times we have obtained favorable settlements in these claims. We have handled numerous dog bite cases and are prepared to assist you if you have been seriously injured by a dog.
Even though the workforce in the United States has steadily increased, chances of being injured at work have actually decreased. There are several reasons for this. Through State and Federal legislation and indeed, through lawsuits brought by Plaintiff’s attorneys, much of the machinery and equipment used today is safer than machinery and equipment used in the past. In many aspects, in the past, the worker was simply treated as a “cog” in the wheel of industry.
If the worker broke down, just like a cog, he could simply be replaced. That is no longer the case. There have been great strides made through technology, engineering and the dreaded lawsuit, that have protected workers. Additionally, our workforce has changed. More and more of our occupations are less physically demanding with many manufacturing jobs going overseas. As a result, our chances of being injured while at work have decreased. Nevertheless, every year in Utah, there are typically 60,000 to 70,000 reported injuries on the job.
The vast majority of these cases are taken care of by the employer or its insurance carrier without the need of legal counsel. Workers’ compensation is a “no fault” system. That means the injured worker does not need to show the employer was at fault before benefits will be paid. Likewise, the employer cannot claim the injured worker was at fault in order to avoid paying workers’ compensation benefits. Because of this no fault system, many times you do not need the help of an attorney because the workers compensation insurance company will pay your medical expenses and the statutory required 2/3 of your wage. Indeed, here at Aaron J. Prisbrey, P.C., we cannot assist you unless there has been a denial of benefits in your case.
While the workers’ compensation insurance carrier for the employer will typically pay benefits in most work related accident, it appears that the denials normally relate to significant injuries, such as permanent disability claims and requested complex surgeries such as neck and low back operations. It is denials of these significant injury claims in which Mr. Prisbrey concentrates the workers’ compensation part of his practice.
Mr. Prisbrey has tried literally hundreds of these cases involving permanent disability or significant surgical denials. These cases are quite complex, and indeed, few attorneys are willing to take on these cases. If you have been seriously injured in a work accident and it appears you will not be able to go back to work, or if a major surgical procedure is being denied, browse our site, order one of Mr. Prisbrey’s books and contact us.
Dog bite cases are actually quite complex. There are facts relating to dogs and the reasons they attack that most people and, indeed, many injury attorneys simply do not understand. For example, it is a little known fact that male dogs are several times more likely to attack than female dogs. Pit bulls and Rottweilers are most likely to attack, followed by Akitas and Chows. Also, two dogs left unattended are much more likely to attack than one.
Many times, defense lawyers and insurance companies will argue you provoked the dog. This is almost never the case. We understand the fallacy of this defense. Most times we have obtained favorable settlements in these claims. We have handled numerous dog bite cases and are prepared to assist you if you have been seriously injured by a dog.