Life is always moving very fast and time is money. It can be crippling to your financial life when you suddenly find yourself unable to make the money you need. Prisbrey Law has tried numerous cases allowing those who have fallen victim to be compensated as much as possible.
Personal Injury
Automobile Accidents
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 contact us.
Dog Bites
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 that 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.
Pedestrian Accidents
Every year in the United States, there are over 100,000 pedestrians injured by automobiles. More than half of these will be killed. This is obviously a very serious problem, especially for young school aged children, as many pedestrian related deaths occur between 3:00 pm and 4:00 pm, when many school children are on their way home from school. Children and the elderly are most at risk of injury or death in an automobile-pedestrian accident.
Automobile-pedestrian accidents cause broken bones, spine injuries, permanent disability, head injuries, brain injuries, disfigurement, emotional distress and far too often, death. If you have been injured or harmed in a pedestrian accident or if you are the relative of someone killed as the result of a pedestrian accident caused by a negligent driver, you should seek competent legal advice as soon as possible.
Negligence Claims
“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. Pitbulls 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.
Surgical Injuries
Every year in the United States, there are six million work related injuries. Additionally, there are about three million injuries resulting from automobile accidents. Each year, surgeons perform about one-half million spine surgeries. The majority of these surgeries are needed as a result of either work injuries or auto accident cases. For almost 14 years, Mr. Prisbrey has handled hundreds of spine surgery cases. It is Mr. Prisbrey’s experience that the most common injury that occurs from automobile accidents is neck injury. Conversely, the spine injuries which occur on the job tend to be low back injuries from lifting heavy objects. When a request for a spine surgery is presented to an automobile insurance or worker’s compensation carrier, it is typically denied.
It is no secret that automobile insurance and worker’s compensation carriers dislike spine surgeries. Typically, the insurance carrier will argue that the need for such asurgery relates to some type of preexisting condition, certainly not to an automobile accident or a work related injury. However, it appears that these denials may well be based more upon economics than reality. Spine surgeries cost tens of thousands of dollars. Indeed, complex fusions involving multiple levels of the spine can easily cost six figures. When presented with denial on a surgical spine case, it is essential that you have an experienced attorney who is familiar with this system of denial and how to approach it.
As we age, we all undergo degenerative changes in our body. These changes take place outwardly through wrinkles, loss of hair or an inability to perform physical acts to the same degree as in our youth. The same processes take place inside our body. Arthritis may start to set in, our bones become somewhat more brittle and our joints begin to wear.
On many occasions, even those of us who have never had spine problems, may have hidden degenerative processes of which we are not aware. Most of us have experienced an appointment with our doctor when we are told of a problem we did not even know we had. It is this information the insurance company will typically rely on in denying a spine surgery.
However, the experienced personal injury attorney recognizes that preexisting problems, or occult spine problems, may have little or no bearing on your claim. For example, if you have sustained injury to your spine in an automobile accident and diagnostic studies, such as an MRI, show that you had a previous asymptomatic condition, such as degenerative arthritis, your case would still be compensable under Utah law. However, such a result may be different in a worker’s comp case. The fact that your condition was asymptomatic, in a worker’s comp case, is irrelevant to the defense of the claim.
The complexities which arise in a personal injury claims involving preexisting conditions are quite complex. This is not an area of the law that is easily understood, and you do need to hire an attorney who is experienced in personal injury law and specifically in claims dealing with back and spine surgeries.
We have developed strategies and procedures to ensure the best resolution possible in your spinal injury case, whether it relate to worker’s compensation, automobile or the negligence of someone else. We work with you, your physicians and the insurance company to obtain the most appropriate settlement possible in your case. If such a settlement is not offered by the insurance company, we will prepare your case in the most expeditious fashion to present your case to a trial.
Death Claims
In 2007 on Utah Highways, two hundred eighty-five people were killed. Washington County, interestingly enough, ranked in the top four among Utah counties for fatalities. This almost certainly can be attributed to our increased population and resulting traffic.
Surprisingly enough, work related deaths occur at a much lower rate than automobile fatalities. In 2006, for example, there were forty-six fatalities in work related accidents. In other words, you are about six times more likely to be killed in an automobile accident than you are on the job.
If a friend or a loved one has been killed because of someone else’s negligence or on the job, you must act immediately. The time frames for bringing a wrongful death cause of action are accelerated in automobile, work comp and all negligence claims. Many unsuspecting attorneys, unaware of these Statutes of Limitations, have not filed the appropriate paperwork. This results in the dismissal of death claims. For that reason, the heirs of an accident victim must act in an expeditious manner.
If your spouse or parent has died in an automobile accident, you need to contact an experienced injury attorney who understands these time limitations.
Further, many times the insurance carrier will deny the claim based on the comparative negligence of your loved one. An experienced personal injury attorney can help you with these issues. Additionally, there might be additional insurance or other assets available that an experienced attorney can look to to determine how to best provide for you and your family in the event of the loss of a spouse.
If a loved one has died on the job, in a vast majority of those cases, the worker’s compensation carrier will initiate the payment of death benefits to the surviving spouse or minor children. Most times, an attorney does not have to be retained except to review the documents and to ensure that they are in order. If an attorney wants to take such a case on a “contingent fee basis,” as opposed to charging an hourly rate for two or three hours, you should consider another attorney. Typically, unless the insurance carrier has denied the compensability of a work related death claim, the case would not need to get into litigation.
Here at Aaron J. Prisbrey, P.C., we will review paperwork related to an accepted liability death claim free of charge.
Death claims resulting from someone’s negligence, however, are complex. These cases require an experienced attorney. Mr. Prisbrey has handled numerous such cases over the years. If you have any questions regarding the accidental death of a loved one, please call.