Salt Lake City Slip and Fall Lawyer
With Personal Injury Law Offices in Sandy, Utah
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Brad DeBry is not associated or affiliated with Robert J. DeBry & Associates, P.C.
Client Testimonials
Brad is fantastic! So pleased with all the help he has been giving me in such a stressful hard time with my accident. He definitely treats his clients like family and wants what is best for them. Would recommend him to anyone.
Ashley Richey
I contacted Brad a couple of times with some questions regarding our accident and what our rights were. He gave us valuable and helpful suggestions and was so friendly and knowledgeable.
Aimee Ballif
Went above and beyond to not only help me with my case but to reassure me as I was struggling with my anxiety. He was very kind and supportive and wasn't afraid to offer as much help as possible. One of the best you'll meet here and I highly recommend!
Linzie Builds
ABOUT BRAD DEBRY
7 Mistakes That Ruin Personal Injury Cases
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The possibility of getting injured at one time or another is something most of us accept as a fact of life. And while accidents happen, most of us take what measures we can to avoid them. When you’re injured because someone behaved in a careless or negligent manner, however, you deserve to be compensated.
If you’re reading this, you may have been in an accident caused by someone else’s negligence. You may be in pain. You’ve probably missed work and might be looking at missing more. You’re likely worried about paying the bills. And, chances are you’re wondering who to turn to for help with a personal injury claim.
We are here to help. Our firm offers free legal consultations. Call our Salt Lake City personal injury lawyer today.
Don’t worry about having the money to pay for the answers you need upfront. Just give us a call as soon as you can and schedule a free legal consultation.
The information that you’ll find below will help you better understand your personal injury claim. First, we want to make you aware of the many ways you can unwittingly damage your claim. Then, we’ll use a client story to help you get an even better idea of important elements you’ll need to know. Be sure to read to the end to learn as much as possible.
Common Personal Injury Claim Mistake
The last thing you want to do when filing a personal injury claim is damage its value. Unfortunately, this is exactly what many people do in their Salt Lake City personal injury claims. Please take note of the mistakes below to help you avoid these same pitfalls.
Not Getting to the Hospital After the Accident
It’s not uncommon for people to refuse a trip to the hospital after a personal injury. This may be tough to believe, but the natural rush people often experience during traumatic experiences can mask pain, at least temporarily. In addition, they may experience a temporary boost in energy and strength. This effect makes it important for a doctor to check you out and make sure you don’t have internal injuries of which you are unaware.
If you pass up an exam and go later, you’re risking your health and your personal injury claim. The insurance agency will jump at the chance to suggest you mustn’t have been all that badly hurt if you didn’t go to the doctor right away.
If you skip the exam altogether and then file a claim, you’ll be without the official record of your injuries your visit would have provided. This record is important evidence for your claim, and the closer the date and time of your exam is to the accident, the tougher it will be for the insurance company to challenge.
Disregarding Your Doctor’s Treatment Plan
If you’re like most of us, you’re familiar with the packet of information you’re given when you leave the hospital or doctor’s office. You may have also completely disregarded it, assuming it was just “blah, blah, blah” that would make no difference to your health.
What’s important to look at in the packet you receive after leaving the hospital or doctor’s office is the treatment plan. This may include medications, physical therapy, chiropractic appointments, or other treatments. This plan will guide you in how you can participate in your own recovery to get back to your life as quickly as possible.
It’s crucial to not only do the things you’re instructed to by your treatment plan, but to refrain from activities that are too strenuous until you’ve recovered.
In addition to risking your health, you risk the insurance company devaluing your claim, if they discover you are disregarding doctor’s orders.
Not only should you not be posting photos of yourself on social media bungee jumping while recovering from a neck injury, you shouldn’t be bungee jumping while recovering from a neck injury, no matter what the guy strapping you into the harness says.
Be diligent about following your doctor’s treatment plan. It will protect your claim, and most importantly, your health.
Agreeing to Give the Insurance Company a Recorded Statement
After an accident, you can expect the insurance company to contact you. This is standard procedure. While they may act as if they are calling to see how you’re feeling, you need to know they’re calling to save their company money.
Insurance adjusters are well-trained in interviewing injured people. They’re bound to be great listeners, empathetic, and highly skilled at getting you talking. Remember, they’re looking to record any information that can be used to lower the value of your claim.
Imagine a call from an insurance adjuster to talk about your injuries from being hit by a car. The conversation with the insurance company could somehow get around to a casual remark to ferret out whether you’ve ever jaywalked. Not whether you jaywalked the day you were struck by the car, but ever. If the company can suggest that you weren’t in a crosswalk, they might get away with paying you less than you rightfully deserve in compensation.
By the way, have you ever looked at your phone while walking down the street? Yeah, another example of a loaded question that will be asked in a far less obvious way, if it comes from an insurance adjuster. Before you know it, they may suggest you were wandering around in the road scrolling through your social media when you were hit.
Protect your claim’s value from creative interviewers. Just pass on this call. Many people don’t realize it’s actually allowed. Your claim isn’t going to stall out if you don’t speak to the insurance company— it’s going to be better protected. In fact, your Salt Lake City personal injury lawyer would love to handle conversations with the insurance company for you.
Failing to Hire a Lawyer as Soon as Possible
This one is understandable, to a point. If you’ve sustained serious injuries, you may not be thinking about anything but survival and recovery right after your accident. As soon as you’re in a place where you can give the issue consideration, it’s important to make finding a lawyer a priority.
Another reason this call is often neglected is that people go by the state’s statute of limitations for filing a personal injury claim.
People who go this route need to know is that while in most cases you have four years to file your claim in the state of Utah, there are exceptions. For instance, if you’ve been injured in an accident involving a municipality— the city, county, or state— you’ll only have one year to file.
A year can fly by when you’re recovering from serious injury, but even a year is too long to wait to get started. As time passes, you can expect less evidence to be available to you.
The accident scene is going to get cleared away. Evidence may get lost. Security videos can be recorded over. Even if you’re lucky enough to have witnesses, remember that people move and change phones and email from time to time. And even if witnesses are located months or years after the accident, memories won’t be as clear as they were immediately afterward.
If your claim goes to trial, the insurance company will have an easier time challenging the memories of witness whose testimony was recorded many months after the accident. Protect your claim from devaluation by hiring a lawyer as soon as possible after your injury.
Salt Lake City Slip and Fall Client Story
On a snowy day in December not long ago, 68-year-old Bob Laskin went on a first date. It wasn’t his first date ever, but having been widowed after almost 50 years of marriage, it may as well have been.
He did okay on his own for the first two years after Audrey passed. He’d always been a man of routine; his daughter Elise liked to joke, “If it’s Tuesday, it must be Brussels sprouts!” Between his chores and hobbies, he was sufficiently occupied, even if he wasn’t ecstatic. Plenty to do around the house and with the grandkids.
When his daughter Elise’s husband moved the family to Minnesota for his work, though, Bob found himself wandering the house looking for things to fix. No more “honey-do” lists. Audrey was a pro at those. She had this long, narrow pad with little bees and flowers in the margins, and the words, “Honey, do” curled around a honey-laden beehive.
Bob could accept the big things he’d lost when his wife died. Had to. It had taken him a long time, but he’d gone through all the grieving stages and thought he’d come out pretty well. It was the little things, though, that would get to him. He’d see an “old guy” sitting alone on a bench at the mall, waiting for his wife to finish shopping. Bob had begun to sit beside them and strike up a conversation. They’d laugh about the wait. And if the guy complained, Bob would smile sadly and tell them to enjoy the little things, even sitting on a bench in the mall waiting for your wife to come bustling out with a shopping bag and a big smile. “Best seat in the house,” he’d say quietly.
Bob read a lot to stay occupied; he’d always been a reader. These days, he marked his pages with an old slip of paper, yellow with age. It was long and narrow with bees on it, and his wife’s lovely cursive listed chores for him to accomplish.
He was sit-in in his quiet house looking at the bookmark again when his daughter called from the Twin Cities. As they caught up, she told Bob she’d created an online profile for him on a senior’s dating site. She assured him it was trustworthy and that she’d already set it to only receive messages from people within driving distance of Salt Lake City.
That’s how Bob met Darlene. She was widowed, like him, and looking for a friend to share movies and the occasional meal. They discovered they had a lot in common, including having read every novel in John Sandford’s “Prey” series and volunteering at the animal shelter. They found it hard to believe they hadn’t yet run into each other.
Bob and Darlene began communicating through messages on the dating site, then moved to email. After another month, they began talking on the phone, more than happy to take it slow. After a while, Bob’s day didn’t feel complete without checking in with his friend Darlene. They’d been talking for almost a year when Bob took a chance.
“How about a movie?” he asked, bracing for a polite excuse.
Darlene surprised him, happily accepting his invitation. As usual, they agreed on a film effortlessly and he drove through a light snowfall across town to pick her up.
The actual meeting felt more like a happy reunion than a first encounter. They marveled at how it felt as if they’d known each other forever.
They even shared inside jokes from eleven months of steady communication. The snow began coming down harder as they parked and walked into the movie theater. It had been a snowy winter, and there were still three inches on the ground from earlier snows. A theater employee was shoveled out front as they entered the lobby.
Two hours later, Bob and Darlene reemerged in the lobby, laughing as they talked about the movie.
A glance through the tall lobby windows revealed a glowing soft pink night sky that only snow can bring. It was still falling; two more inches had piled up since they’d entered the theater.
“Why don’t you wait here, Darlene, I’ll bring the car around,” Bob said with a smile.
He left the shelter of the lobby, crossing the entry tiles to the parking lot.
That’s when he slipped on a thick layer of ice beneath the fresh, unshoveled snow. It was so slick that Bob’s feet went completely out from under him. He flew into the air and landed hard, bruising his tailbone and slamming the back of his head on the ground.
Bob woke up in the hospital to find his daughter beside him. She told him he’d sustained a traumatic brain injury from the fall and a bruised tailbone. “You really gave us a scare, Dad,” she said, taking his hand. He’d been unconscious for eighteen hours.
Bob was kept in the hospital for the next three weeks as he began to heal. The doctors told him he may need to go on to a rehabilitation facility for a month after discharge before returning home.
The first week in the hospital, Bob endured severe headaches and ringing in his ears. His speech was slurred and his balance was off. The doctors said with luck his symptoms would be temporary, but only time would tell.
Elise reluctantly left at the end of the week, promising to return in time for Christmas with the rest of the family. The day she left, she suggested Bob give us a call to discuss a slip and fall claim.
“I don’t know, El, I don’t feel all that up to it,” Bob responded. He’d been showing signs of depression as the days passed, and Elise was worried.
“Why don’t I call and arrange an appointment?” She suggested.
“Maybe I should wait until you and the kids come back,” Bob suggested.
“Darlene could help,” Elise ventured, smiling at his father’s surprise. “She’s a lovely lady, Dad. Who do you think sat with you until I arrived?
“Her kids are in town, but she told me she’d be back this afternoon to see how you’re doing, if that’s okay.”
Bob didn’t know what to say. He’d assumed his graceless acrobatics had put an end to the prospect of Darlene. He swallowed hard and nodded. So much to process, but he was sure he’d like to see Darlene again.
“Good,” said Elise, “It’s the only way I can bear to leave you here.” She kissed his cheek and turned to leave, stopping in the doorway to add, “In my humble opinion, Dad, Darlene’s a ‘keeper.’”
Elise called us and said her dad was in need of a free legal consultation. He wanted to know how much it would cost to hire our firm, how much his claim was worth, and how long it would take. We met Bob and Darlene the next day in his hospital room.
How much does it cost to hire a lawyer?
After everyone was settled, Bob found himself reluctant to ask about the cost of our services. Darlene, on the other hand, took up the thread for him without missing a beat.
“Before we get started, Bob should be made aware of what you charge for your services,” she said with an open and friendly smile.
Our lawyer explained that there would be no charge upfront. “Our firm works on a contingency-fee model, so we cover all case expenses— investigation and administration, as well as litigation, should your case require it.
“The contingency model means that we don’t get paid unless we bring your slip and fall claim to a successful resolution, Bob.”
How much is my claim worth?
“Well, okay,” Bob answered. “Can you tell me what a claim like this is worth?”
The lawyer said, “Unfortunately, there are no ‘typical’ claims. Every case is unique. This means before we can tell you the value of your claim, we’ll need to do an investigation. We’ll also need to get an accurate picture of your damages.
“We can begin the investigation right away, gathering evidence and speaking to witnesses. We’ll work your claim up as if it’s going all the way to court, to make sure we’re ready for anything.
“To discover your damages, we’ll need you to recover to ‘maximum medical improvement.’ This means, up to the point that your doctors consider you ‘back to normal.’
“If your former ‘normal’ is no longer attainable, then maximum medical improvement will be when you reach your ‘new normal.’ It’s also going to mean you’re through with surgeries, and we know what the future care of your injuries will look like.
“When you get to maximum medical improvement, we’ll know your damages and can tell you the value of your claim. Your job, Bob, is to channel all of your energy into recovery. Take your meds, do your occupational therapy and anything else the doctors recommend. Just don’t overdo it. Go as slow as you need to.”
How long will my claim take?
“Well, Bob said, patting Darlene’s hand, I’m sure this young lady will keep me in line.” Darlene gave him a big smile and took his hand.
“How long will my claim take?” Bob asked.
“That too is impossible to accurately predict at the outset,” the lawyer said. “Your case timeline is going to depend upon two factors. The first is how long it takes you to reach maximum medical improvement. We can only move as fast as the speed of your recovery, Bob. But it’s critical that you don’t rush it, either. Try to be patient and take the time you need.
“As I mentioned, when you reach maximum medical improvement, we’ll know your damages. At that point, we’ll send a demand letter to the insurance company. From then on, your timeline will depend on how they respond.
“If they’re reasonable about working out an acceptable settlement, we can wrap up your claim without delay. If they refuse to settle, however, we’ll take them in front of a jury.
“Please don’t worry about this possibility, though, Bob. Our firm has won many slip and fall claims via negotiation and in court. Whatever happens, we’ll be ready.
“In fact, the insurance company is bound to know who we are. It’s quite possible they’ll be agreeable to a settlement just to avoid facing us in the courtroom. That’s why no matter whom you hire, we recommend going with a personal injury trial attorney with experience winning slip and fall claims,” the lawyer said.
Bob was satisfied with the answers we gave him and hired our firm. Today, we are happy to say we got him six times what the insurance company initially offered.
Call Our Salt Lake City Slip and Fall Lawyer Today
Hopefully, the information on this page has provided clarity for you around your slip and fall claim. No two cases are exactly alike of course, and we invite you to call our Salt Lake City slip and fall lawyer to get answers about your specific claim today. You don’t have to figure out your claim alone while recovering from your injuries. Call as soon as you can and let us help.