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Our Frequently Asked Questions About Injury Cases

If you or your loved one experienced a severe personal injury, you probably have a lot of questions. Facing the legal process can seem overwhelming if you do not have the guidance of an attorney. Fortunately, Brett Pearce, the founding attorney of The Law Office of Brett G. Pearce, is ready to speak with you and address any questions or concerns you have. On this page, we have compiled some of the questions that our clients frequently ask in their free initial consultations.

Answering Our Clients’ Questions

1. What kinds of cases does attorney Brett Pearce handle?
For the past 20 years, our practice has focused principally on the following areas:

2. Do I need an attorney, or can I handle my own case?

Without proper representation, you will most likely be told information that is inaccurate and untrue. The fact is, you need an attorney if you want to maximize your potential recovery. If you represent yourself, you are playing against the professionals in a game where you don’t even know the rules.

Insurance companies and corporations are in business to take in the most money and pay out the least money. Their employees are trained professionals, attorneys or otherwise, who handle hundreds of insurance claims and legal cases each year. Don’t believe the TV ads and hype about insurers and companies caring about their customers. Caring isn’t their job, profit is.

Brett Pearce is an experienced accident attorney who knows what your claim is worth and what your chances are to get a settlement or jury verdict in your favor. There are too many variables unless you have been through it many times. Brett Pearce knows how to build and present a legal case. To get what you deserve from an insurance company, corporation or government entity, you have to convince them that a judge and jury will find in your favor if they don’t treat you fairly. Brett Pearce as your personal injury attorney does this for a living. You don’t.

3. How are your attorney fees paid?

Brett Pearce works on a contingent fee basis. He collects no fees unless there are monies paid for your case.

Your first appointment will be with Brett Pearce, He is a personal injury attorney specializing in Utah as a personal injury lawyer that is applicable to your specific case. The first meeting will be a fact-finding mission to determine the merits of your case.

As your attorney, Brett Pearce will guide you through the necessary steps to proceed with your case. Personal injury and wrongful death cases are all handled on a contingent fee basis. You do not pay out any money before the conclusion of your case, but you pay out only if you win and a favorable settlement is reached.

Brett Pearce’s legal fees are paid by a percentage of the settlement. If you are not awarded a settlement, he will not be charging you for the work he has done on your behalf. All fee agreements must be signed by the client and attorney Brett Pearce at the beginning of the case. You will not get any surprises in the end; you will know exactly what fees to expect.

He may give you referrals to other professionals who can help you and your family during the recovery process. You will be informed of the work to be done on your behalf and if an investigation will be necessary. He will tell you the expected timeline of your case and any other pertinent information.

Brett Pearce works on all of the personal injury and wrongful death cases on a contingency fee basis, which means that he does not charge upfront fees and he is only compensated if the outcome is successful for you.

4. What do I have to prove to win my automobile, truck or bus accident case?

An auto negligence case requires that you prove three elements:

  1. Duty – Someone owed you a duty to use reasonable care in performing some task, like operating a car/truck within the rules of the road.
  2. Breach of duty – Someone breached such a duty, such as by driving too fast or an unsafe lane change.
  3. Damages – Someone’s breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger or a pedestrian involved in an auto or truck accident.

5. What do I have to prove to win my bus accident case?

A bus accident case also requires that you prove duty, breach of duty and damages. These apply regardless of whether you were a driver, a passenger or a pedestrian involved in a bus accident. Thousands of people, including school children, are injured each year in bus accidents, which also result in a number of wrongful deaths. Bus accident victims may be the bus passenger, a driver or passenger in another vehicle involved in the accident or a pedestrian.

When a bus accident occurs and you suffer an injury, whether you are a hit pedestrian, a bus passenger, or a vehicle driver or passenger in a vehicle hit by a bus, you should obtain photographs of the accident scene, including all vehicles involved, and you should also photograph any injuries caused to victims of the accident. You will also need to write down the name, address, insurance information, vehicle license number and driver’s license number of everyone involved in the accident, as well as getting the names, addresses and telephone numbers of anyone who witnessed the accident. Under no circumstances should you discuss the accident or your injuries with anyone except for your doctor and attorney.

If you or a loved one is the victim of a bus accident, you will want to secure the legal services of an attorney like Brett Pearce. As a leading attorney in the area of bus accident cases, Mr. Pearce can provide you with the experience necessary to determine the extent of the fault of the bus driver, bus company or other vehicle involved in the accident.

These cases can often be complex, and to help strengthen the client’s legal position, Brett Pearce utilizes the expertise of accident reconstruction experts who can establish the exact cause of the bus accident and all of the circumstances involved.

Brett Pearce is committed to ensuring that his clients receive appropriate compensation for medical expenses, lost wages, diminished earning capacity, emotional distress, and pain and suffering. He will negotiate the settlement with the bus company’s insurance company and if that amount is insufficient to compensate his client, he will take the case to trial.

If you or a loved one has been the victim of a bus accident, you should call on the expert legal services of attorney Brett Pearce. Contact his offices immediately to set up a free consultation.

6. What do I have to prove to win my bicycle accident case?

BICYCLISTS TAKE NOTE – there is a substantial prejudice against bicyclists when they are involved in accidents with cars or pedestrians. The cyclist in such an accident will not often get the benefit of the doubt – traffic officers, insurance adjusters and other investigators will tend to assume that the cyclist caused the accident. This is why it is very important that you get attorney Brett Pearce involved in the initial phases of your claim when liability is determined.

A bicycle accident case also requires you to prove duty, breach of duty and damages. These apply regardless of whether you were a driver, a passenger, a cyclist or a pedestrian involved in an accident.

7. What do I have to prove to win my defective product case?

There are a variety of detailed elements in a defective product case that can be generally reduced to the following:

  1. The party or parties you are making a claim against designed, manufactured or sold a defective product.
  2. The product in question was defective at the time it left a given party’s possession.
  3. The product, at the time of injury, was being used.

8. What do I have to prove to win my dog bite/attack or animal bite/attack case?

If you were attacked by a normal domestic dog or another pet, and the bite happened in a public place or while you were lawfully on private property (e.g., visiting the dog’s owner), you must prove that:

  1. The person you are making a claim against in fact owned or had custody of the dog or another animal.
  2. The attack caused you injury.

9. What do I have to prove to win my motorcycle accident case?

MOTORCYCLISTS TAKE NOTE – there is a substantial prejudice against motorcyclists when they are involved in accidents with cars or pedestrians. The motorcyclist in such an accident will not often get the benefit of the doubt – traffic officers, insurance adjusters and other investigators will tend to assume that the motorcyclist caused the accident. This is why it is very important that attorney Brett Pearce be involved in the initial phases of your claim when liability is determined.

A motorcycle accident case requires that you prove:

  1. Duty – Someone owed you a duty to use reasonable care in performing some task, like operating a car within the rules of the road.
  2. Breach of duty – Someone breached such a duty, such as by driving too fast or an unsafe lane change.
  3. Damages – Someone’s breach of a duty of care to you caused you some form of damages, such as personal injuries.

These apply regardless of whether you were a driver, a passenger or a pedestrian involved in a motorcycle accident.

10. What do I have to prove to win my slip-and-fall case?

A slip-and-fall (premises liability) case requires that you prove four elements:

  1. Dangerous condition – A dangerous condition must be present on the property (e.g., a wet floor).
  2. Control – The defendant you are making a claim against (or their employees) must have had some form of control over the premises sufficient to give them legal responsibility for preventing the dangerous condition.
  3. Notice – The defendant you are making a claim against must have had actual notice of the existence of the dangerous condition or must have been so careless in inspecting for dangerous conditions that the law says they should have known of the dangerous condition if they had exercised reasonable efforts to discover it (“constructive” notice).
  4. Damages – The dangerous condition must be a substantial factor in causing the injuries you sustained.

11. Do I have a good case? Will I win?

Give us a call and find out. Brett Pearce’s 20-plus years of experience in accident and injury law allows him to accurately, honestly and thoroughly advise you as to your chances of recovery and to estimate the potential value of your case.

12. Common misconceptions

The insurance adjuster makes good sense when he or she says, “You don’t need an attorney.” Actually, the opposite is true. Personal injury claims are evaluated, in part, on the involvement of a talented, experienced attorney. Accident victims who promptly hire an experienced injury attorney substantially increase the amount of compensation they personally receive upon resolution of their case.

The adjuster representing the at-fault driver says you must talk with him or her about your injury case. Since you are not their company’s customer, the adjuster for the at-fault driver has little incentive to treat you fairly or evaluate your case promptly. You should keep in mind that in a personal injury claim situation, you and the adjuster for the at-fault driver are in adversarial positions. It is the adjuster’s job to get information from you to use against you. You are not obligated to tell the adjuster how the accident happened or about your injuries and treatment. You should consult with an experienced injury attorney before having any conversations with the adjuster for the at-fault driver. Brett Pearce and his experienced staff will interact with the adjuster on your behalf, allowing you to concentrate on your healing from accident-related injuries.

Ask More Questions For Free

Attorney Brett Pearce has one goal in mind when he takes your case to get the best settlement possible from the party or parties responsible for the harm and damage that was caused to you. Without proper legal representation, you are risking your future financial situation and your health. Choosing the right legal counsel is also one of the most important decisions you will ever make.

Brett Pearce is a premier Utah attorney and the right guy to fight for your rights under the law. Call him today at 801-893-9073 or send an email to discuss your personal injury claim.