Browse recent news and blog posts related to personal injury law below. If you need a personal injury or accident attorney, please visit our Utah personal injury practice page.

Personal Injury Legal Representation

Richards Brandt Miller Nelson usually represents defendants in personal injury property loss claims through assignment by their insurance carriers. However, our experience on the defense side makes us especially effective in injured persons, provided that we do not have a conflict. We welcome inquiries from accident victims who have suffered serious injuries in catastrophic or life threatening accidents, as well as businesses seeking personal injury liability protection.

Experience and success representing both plaintiffs and defendants give an attorney a distinct advantage when a claim has been filed. This type of experience gives the personal injury attorney a better understanding of which cases are better settled quickly and which should be tried. Experienced personal injury accident lawyers also know how to provide what the insurance company or claims evaluator needs at the beginning of the case, and how to present information at the right time to reach the most beneficial outcome for the client.

Salt Lake City Personal Injury Attorneys

The personal injury attorneys at Richards Brandt fully understand the strategies on both sides of personal injury claims. Our lawyers are well positioned to advise and represent either side of a personal injury claim adeptly and aggressively. Whether you are a property owner, insurer, truck driver, or a driver or passenger in a car accident, do not hesitate to contact us for skilled personal injury legal representation.

Common personal Injury Cases

Our attorneys are experienced in many types of personal injury cases. These include, but are not limited to:

    • Auto Accidents
    • Boat Accidents
    • Dog Bites
    • Industrial and Work Accidents
    • Motorcycle Accidents
    • Bike Accidents
    • Truck Accidents
    • Wrongful Death
    • Why Do I Need a Personal Injury Attorney?

Our Utah personal injury attorneys have an extensive history of successfully securing settlements and results for injured persons, family members of fatal accident victims, and insurance companies. We have taken a tremendous number of personal injury cases to trial. We know how to present complex evidence and compelling arguments to juries and judges in Utah state and federal courts, including appellate courts. That extensive trial experience provides the necessary foundation for producing the best possible settlements for our clients. The knowledgeable, experienced Salt Lake City personal injury lawyers of Richards Brandt represent individuals in cases involving serious and objective injuries, including wrongful death, spinal cord injuries, quadriplegia and paraplegia, brain injuries, high-loss property damage, and other catastrophic injuries.

Contact us directly to discuss your legal needs

If you have been injured or if your business may be subject to liability in a personal injury lawsuit, contact Richards Brandt today to arrange a consultation. Our skilled and experienced attorneys are committed to representing clients in significant personal injury and wrongful death cases throughout the state of Utah.

Personal Injury & Property Loss

PERSONAL INJURY & PROPERTY LOSS


PRACTICE AREA / UTAH PERSONAL INJURY ATTORNEYS

Positioned to represent plaintiffs and defendants in personal injury and subrogation property loss claims, we welcome inquiries from accident victims who have suffered serious injuries in catastrophic or life-threatening accidents as well as businesses seeking personal injury liability protection.

Successful and experienced personal injury and subrogation property loss attorneys, who know how to win both plaintiffs’ and defendants’ cases, have a unique advantage in representing clients who file a claim. Those attorneys know how and why cases settle quickly, and which cases must be tried. They know how to provide what the insurance company or claims evaluator needs at the beginning of the case, and how to present that information at the right time to create the best chance of an early settlement.



PERSONAL INJURY LEGAL REPRESENTATION



At the law firm of Richards Brandt, we fully understand the strategies on both sides of personal injury claims. Our Salt Lake City personal injury attorneys are well positioned to advise and represent either side of a personal injury claim adeptly and aggressively. Whether you are a driver or passenger in a car accident, property owner, insurer, or truck driver, do not hesitate to contact us for skilled advocacy.

Our personal injury attorneys have an extensive portfolio of successfully securing settlements and results for injured parties, family members of fatal accident victims, and insurance companies. We have taken a tremendous number of personal injury cases to trial, and we know how to present complex evidence and compelling arguments to juries and judges in Utah state and federal courts, including appellate courts. That extensive trial experience provides the necessary foundation for producing the best possible settlements for our clients.

Lawyers of Richards Brandt represent individuals in personal injury cases involving serious and objective injuries, including wrongful death, spinal cord injuries, quadriplegia and paraplegia, brain injuries, high-loss property damage, and other catastrophic injuries.



SUBROGATION



Subrogation is relevant in the insurance industry. Simply put, one person, the insurer, makes a payment on an obligation that is the primary responsibility of another party, the insured. An example might be, your toaster oven catches fire and burns your house or business down. The insurance company would make payments under the policy, but would ultimately recover the damages from the manufacturer of the toaster. Our attorneys represent the insurance carrier and the insured in this case.

RECENT PERSONAL INJURY & PROPERTY LOSS LAW UPDATES



Personal Injury Legal Representation

Subrogation Law



PERSONAL INJURY ATTORNEYS AT RICHARDS BRANDT IN SALT LAKE CITY



PROPERTY LOSS

Losing property is not only financially difficult but also has a personal impact. Personal and commercial property loss can be disruptive to your life and your business. You may be entitled to damages and loss of income, working with one of our experienced attorneys will provide the best outcome.

We can also assist you in interpreting your personal and commercial property insurance coverage before you have a claim, as well as work with your insurance company after you file a claim to recover the financial loss, replace the items and make you whole again.

Property loss sometimes results in insurance litigation. Working with trial attorneys is critical in finding the most favorable outcome in any litigation situation.

In the process of documenting lost or damaged items, identifying what repairs may be needed, securing estimates to repair or replace property, etc., you have to be careful about agreeing to settlements or cashing checks from your insurance carrier. Our attorneys can take you through this overwhelming process and provide you with the legal counsel you need to successfully recover from your loss.

If you have been injured or if your business may be subject to liability in a personal injury lawsuit, contact Richards Brandt today to arrange a consultation with one of our experienced personal injury lawyers. We are committed to representing clients in significant personal injury and wrongful death cases throughout the state of Utah.

TALK WITH US

FREQUENTLY ASKED QUESTIONS (FAQS)



BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE / FEATURED FAQS



Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.

Answered by:

Barry G. Scholl

Barry Scholl

Shareholder, Cybersecurity Section Chair and Business Practice Chair

A: To decide which entity is right for you, we look at: liability, taxation, and maintenance. Both corporations and LLC’s have limited personal liability—this means that owners are usually not responsible for business debts. However, corporations and LLC’s are taxed very differently—corporations are classified as a separate taxable entity, whereas LLC’s are typically taxed as a pass-through entity (unless you choose otherwise). And corporations and LLC’s have different levels of maintenance—LLC’s have fewer reporting requirements and can operate solely with members acting as the managers. Conversely, corporations are required to hold certain annual meetings, keep certain records, and appoint boards and officers to manage the company for the stockholders. Every situation is unique so we recommend that you consult with an attorney in making your decision. Contact our firm, Richards Brandt, if we can help you decide which entity is right for you.



BUSINESS TRANSACTIONS & CORPORATE GOVERNANCE – CASE STUDIES





Utah Manufacturing Company Needed Employment Contracts For Key Staffers




Utah Construction Company Needed Planning For Business Growth & Protection




Utah Family Enterprise Needed Guidance and Representation to Sell Business

REVIEWS




“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”

“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”

“Lorem ipsum dolor sit amet, consectetuer adipiscing elit, sed diam nonummy nibh euismod tincidunt ut laoreet dolore magna aliquam erat volutpat. Ut wisi enim ad minim veniam, quis nostrud exerci tation ullamcorper suscipit lobortis nisl ut aliquip ex ea commodo consequat.”




Immigration Issues and Personal Injury Defense

Personal Injury Law Books & Gavel

Tanya N. Lewis Peters
February 2013

Regardless of the political issues currently swirling around immigration reform, it is important to have a grasp of basic immigration law principles when defending personal injury cases.

A few recent cases are illustrative of the effects that an undocumented worker’s status can have on claims of personal injury, plaintiff employment, or similar claims.

Hoffman v. NLRB, 122 S.Ct. 1275 (2002). In this case, the employer petitioned for review of, and the National Labor Relations Board (NLRB) cross-applied for enforcement of, an NLRB order awarding an undocumented worker backpay from date of his illegal termination until the employer discovered he was unauthorized to work. A panel of the Court of Appeals for the District of Columbia Circuit ordered enforcement. Following grant of a petition for rehearing en banc, the Court of Appeals again granted enforcement. On appeal, the U.S. Supreme Court, Chief Justice Rehnquist, held that federal immigration policy foreclosed the NLRB from awarding backpay to an undocumented worker who had never been legally authorized to work in the United States.

Madeira v. Affordable Housing Foundation, 315 F.Supp.2d 504 (S.D. New York 2004). Here, an injured undocumented worker’s status did not prevent him from recovering compensatory damages for defendants’ violation of New York’s Scaffold Law. His undocumented immigrant status was relevant to determining whether lost wages were appropriate and how much should be awarded.

Silva v. Wilcox, 223 P.3d 127 (Colo. Ct. App. 2009). Here, to the extent that a defendant is able to establish that a plaintiff immigrant is not authorized to be in the United States and has secured employment by violating the law or is in violation of the law in some other particular manner related to such employment, so that the plaintiff is unlikely to remain in this country throughout the period of claimed lost future income, the jury should be provided that information in determining whether to award damages for lost future wages.

During discovery, an attorney may wish to direct written discovery to the plaintiff that asks about citizenship and immigration status. During the deposition of a plaintiff believed to be an undocumented immigrant, potential questions to ask include: Are you a U.S. Citizen? Where were you born? What is your immigration status? Are you legally authorized to work in the U.S.? If so, how is that documented? Have you ever applied for Medicare or Medicaid? (Don’t assume they haven’t – a Medicare audit last year revealed that people living in the U.S. illegally had collected over $120 million in Medicare benefits as of 2012. This could trigger Medicare Secondary Payer Act issues in the future.)

You can also take the deposition of the employer. Always do this as a 30(b)(6), and always serve the notice as a Notice of Deposition Duces Tecum. You can also subpoena the documents beforehand using Rule 45. Ask them to provide a complete employee file, including hire documents. Define “hire documents” as the employment application, I-9 form, and any copies of documents inspected in conjunction with the I-9 form. (This is, of course, in addition to any wage loss documents you want to obtain, such as W2s, W4s, payroll information, etc.)

Using best practices in the handling and workup of these cases can minimize carrier/defendant exposure by putting you in the best position for pretrial motions, including motions in limine.

Of course, this raises the issue of what to do when defending a case and your client (defendant) is undocumented. For example, this problem arises when a driver hired by an employer turns out to be working illegally, and then causes an automobile accident while in the course and scope of his/her employment. First, try to exclude the defendant’s immigration status under Rule 401. Second, TXI Transportation v. Hughes, 306 S.W.3d 230 (Texas 2010) is extremely helpful. It held that neither the illegal immigrant status of a gravel truck driver, nor his use of a fake Social Security number to obtain his commercial driver’s license, was relevant to a negligent entrustment or hiring claim against the employer. It also held that the illegal immigrant’s status was inadmissible to impeach the driver’s testimony, and that erroneous admission of evidence relating to the driver’s immigration status was not harmless.

Copyright © 2021 by Richards Brandt. All rights reserved. Attorneys located in Salt Lake City, Utah