Since that it is Friday, I thought I would post some random thoughts for the day. I feel that this week has been like I've been pulled through a meat grinder. Lots of work and stress. I'm sure there are many out there that have experienced the same thing. So here is to brighter days and merrier times.
One of the great things about my job is that I get to help people with their problems. I can't tell you how rewarding it is to see a clients face when you have completed a case for them. It truly is amazing how much you come to care for your clients. I guess that is the real reason I do what I do. Being an attorney is not an easy job. It comes with a lot of hard work, stress and at times, heart ache, but there are those times that it can be so rewarding. Some of my most treasured moments are the expressions on a person face when they thank you or that hug showing their appreciation.
Sorry to get all sappy but it's already been one of those days. Now to a new topic, client referrals. I am making a call to all those who read this to refer at least one person my way. I'm sure everyone out there either knows a company or an individual that my need legals services. So why not have them call me. I provide free consultations and many times I provide free advise with just a quick phone call. So many people out there have questions but they don't know where to turn to and they don't want to pay $100 for a quick 5 minute question. That is where I come in, I will answer that question and much more and it won't cost a penny. So what are you waiting for give me a call. 801-615-1951, you won't regret it.
My final though goes out to those involved in the Cooper's Run 5k tomorrow. It's being held at 8:30 am in Orem, near the University Mall. This is a touching story of how a family turned a tragic event into something positive. You should google it some time. I want to thank Joe Beal for getting me involved and I hope it is a wonderful success.
Jason C. Foulger, Attorney at Law Office is Salt Lake and Spanish Fork. 801-615-1951
Friday, July 27, 2012
Thursday, July 26, 2012
Understanding PIP insurance
In Utah, insurance companies are required to provide their insured with certain basic benefits. These are called PIP benefits. PIP stands for “personal injury protection.” They are designed to cover you if you get injured in a motor vehicle crash – even if the crash is your own fault. There are three components to these benefits. They are: (1) $3,000 minimum for medical bills, (2) one year of lost wages, $250 a week maximum and (3) household services reimbursement of up to $20 per day fro things like housecleaning, yard work, and food preparation.
First, the $3,000 is used to cover medical bills which are directly related to the crash. (Some policies may actually have higher limits, although all must have at least $3,000 available.) This is why after the crash, medical providers will ask you to give them the name of your insurance company and the claim number. They will bill your insurance company directly. Some health insurance companies, such as IHC, will not begin to pay any benefits until they are satisfied that the $3,000 from your insurance is used up. Also, if your insurance company suspects that your treatment is not related to the crash, they might cut off benefits. You should keep in mind that this coverage is available to you even if you caused the crash to happen. This is why it is sometimes called “no-fault” coverage.
Second, PIP coverage allows for lost wages if you have been released by your doctor from work. Even if you are put on “light duty” and there is no light duty work for you to perform, you are still eligible for this benefit. The benefit, though, is pretty small: a maximum of $250 per week. This is basically $6.25 per hour for 40 weeks, but it’s better than nothing. Your doctor will need to provide a note that you can submit to your insurance company before they will approve benefits. If your injury is more serious and it’s clear in the records, then those records may also suffice.
Finally, if someone is helping you with household tasks following your injury, then they are entitled to be reimbursed up to $20 per day. This would apply, for example, if your spouse is doing the laundry, or mowing the law or cooking the food, where before, you used to do all that. The pay isn’t much, and there is a form from your insurance company that you need to fill out to claim this benefit. But again it's better than nothing. In fact, this benefit is good for up to $600 per month.
If you have additional questions about PIP coverage or have been involved in an accident please contact me at 801-615-1951. All calls are confidential and consultations are free.
First, the $3,000 is used to cover medical bills which are directly related to the crash. (Some policies may actually have higher limits, although all must have at least $3,000 available.) This is why after the crash, medical providers will ask you to give them the name of your insurance company and the claim number. They will bill your insurance company directly. Some health insurance companies, such as IHC, will not begin to pay any benefits until they are satisfied that the $3,000 from your insurance is used up. Also, if your insurance company suspects that your treatment is not related to the crash, they might cut off benefits. You should keep in mind that this coverage is available to you even if you caused the crash to happen. This is why it is sometimes called “no-fault” coverage.
Second, PIP coverage allows for lost wages if you have been released by your doctor from work. Even if you are put on “light duty” and there is no light duty work for you to perform, you are still eligible for this benefit. The benefit, though, is pretty small: a maximum of $250 per week. This is basically $6.25 per hour for 40 weeks, but it’s better than nothing. Your doctor will need to provide a note that you can submit to your insurance company before they will approve benefits. If your injury is more serious and it’s clear in the records, then those records may also suffice.
Finally, if someone is helping you with household tasks following your injury, then they are entitled to be reimbursed up to $20 per day. This would apply, for example, if your spouse is doing the laundry, or mowing the law or cooking the food, where before, you used to do all that. The pay isn’t much, and there is a form from your insurance company that you need to fill out to claim this benefit. But again it's better than nothing. In fact, this benefit is good for up to $600 per month.
If you have additional questions about PIP coverage or have been involved in an accident please contact me at 801-615-1951. All calls are confidential and consultations are free.
Monday, July 23, 2012
Utah contract law to protect your business, clients and customers
Contract law in the state of Utah helps protect business owners entering into agreements with suppliers and contractors. Contract law in Utah helps keep boundaries between companies and organizations clear and working relationships positive.
Utah contract law attorneys make it their business to protect yours. Having the right contract law attorney in Utah keeps business owners aware of their rights and responsibilities. Without a contract law attorney in Utah, the terms of your agreement may not be as clear as you need them to be.
Contract law in Utah allows businesses to agree on terms beneficial to both parties. With the right contract law in Utah, businesses grow in both size and profitability. When clearly written, contract law in Utah helps reduce the need to go to court when questions arise. Utah contract laws will:
1. Protect business owners from lawsuits between Utah contract law parties.
2. Provide clear guidelines between businesses and their contractors.
3. Help business owners maintain good relationships between themselves and their contractors.
4. Eliminate the need for court appearances and costly lawsuits related to Utah contract law issues.
Utah contract law attorneys make it their business to protect yours. Having the right contract law attorney in Utah keeps business owners aware of their rights and responsibilities. Without a contract law attorney in Utah, the terms of your agreement may not be as clear as you need them to be.
Contract law in Utah allows businesses to agree on terms beneficial to both parties. With the right contract law in Utah, businesses grow in both size and profitability. When clearly written, contract law in Utah helps reduce the need to go to court when questions arise. Utah contract laws will:
1. Protect business owners from lawsuits between Utah contract law parties.
2. Provide clear guidelines between businesses and their contractors.
3. Help business owners maintain good relationships between themselves and their contractors.
4. Eliminate the need for court appearances and costly lawsuits related to Utah contract law issues.
Call Jason C. Foulger at 801-615-1951 for a free consultation and make sure business is protected.
What if my injuries are minor?
Many people have seen the advertisements on television showing people getting big checks for their accident. However, not every case is a big dollar case. Many people have been hurt because of someone else's negligence, but have injuries that some would consider less severe, such as so-called "soft tissue" or whiplash injuries. Although these cases do not always garner the big checks, you should still be compensated for your medical bills, lost wages, pain and suffering, and the time you have spent at the doctors office. And if you've been the unfortunate victim of negligence and have suffered these injuries, these injures are certainly not "small" or insignificant to you. In fact such injuries at times can be life changing.
In Utah, generally persons involved in a motor vehicle collision must have a minimum of $3,000.00 in related medical bills in order to present a claim to an insurance company for pain and suffering. There are many times when individuals get treatment in amounts just over $3,000.00. Of these people, many say that there is no reason to pursue a claim for that little of an amount, or that it's just a waste of time. Those people are wrong. There are many times when we can secure settlements for such "smaller" cases.
You may think: "Isn't it expensive to get a lawyer?" The answer is an emphatic NO. Our fees are only based on the amount you recover, so it is never "too expensive" for you to get a lawyer. Many times when injuries are just above the threshold amount of $3000.00, insurance companies are not willing to negotiate much. However, when you retain an experienced personal injury attorney, we are able to use our knowledge and skill to obtain fair compensation for you. Shouldn't you receive at least something for the inconvenience this accident has caused?
You may think: "I don't have time to wait for this matter to resolve. Don't lawsuits take months to years to resolve?" It is true that some lawsuits can take years before full justice can be achieved. However, when the injuries are less severe typically these cases can be resolved very quickly. Depending on the nature of your accident and injuries, such cases can be resolved shortly after completing your medical treatment.
Even if a settlement can't be reached, we can get your case litigated in a timely manner. There are many other avenues besides going to trial to adjudicate so-called "smaller" cases. Small Claims Court cases can be heard within 30-45 days of filing a lawsuit. There is also arbitration available for auto collision claims valued under $50,000. Arbitration usually can be resolved in half to one-third of the time of a jury trial, and usually does not involve the other driver. Both of these options are cost effective and will often garner similar or better results as going before a judge and jury, and in much less time.
After any accident in which you have been injured you should contact an attorney, if for nothing more than to see what your rights are. It will cost you nothing, and will help you get the peace of mind you need.
In Utah, generally persons involved in a motor vehicle collision must have a minimum of $3,000.00 in related medical bills in order to present a claim to an insurance company for pain and suffering. There are many times when individuals get treatment in amounts just over $3,000.00. Of these people, many say that there is no reason to pursue a claim for that little of an amount, or that it's just a waste of time. Those people are wrong. There are many times when we can secure settlements for such "smaller" cases.
You may think: "Isn't it expensive to get a lawyer?" The answer is an emphatic NO. Our fees are only based on the amount you recover, so it is never "too expensive" for you to get a lawyer. Many times when injuries are just above the threshold amount of $3000.00, insurance companies are not willing to negotiate much. However, when you retain an experienced personal injury attorney, we are able to use our knowledge and skill to obtain fair compensation for you. Shouldn't you receive at least something for the inconvenience this accident has caused?
You may think: "I don't have time to wait for this matter to resolve. Don't lawsuits take months to years to resolve?" It is true that some lawsuits can take years before full justice can be achieved. However, when the injuries are less severe typically these cases can be resolved very quickly. Depending on the nature of your accident and injuries, such cases can be resolved shortly after completing your medical treatment.
Even if a settlement can't be reached, we can get your case litigated in a timely manner. There are many other avenues besides going to trial to adjudicate so-called "smaller" cases. Small Claims Court cases can be heard within 30-45 days of filing a lawsuit. There is also arbitration available for auto collision claims valued under $50,000. Arbitration usually can be resolved in half to one-third of the time of a jury trial, and usually does not involve the other driver. Both of these options are cost effective and will often garner similar or better results as going before a judge and jury, and in much less time.
After any accident in which you have been injured you should contact an attorney, if for nothing more than to see what your rights are. It will cost you nothing, and will help you get the peace of mind you need.
Accepting referrals and new clients
Are you in need of a good attorney? Have you been injured in an accident? Have you been wrongfully charged with a crime? Does someone owe you money? Are you thinking about a divorce? Does your business need some legal advice? If you are pondering these issues you need to give me a call.
Please give me call let me be your attorney. licensed in Utah and Nevada. I will even come to your house, place of business or hospital, where ever you are located.
Thanks and I hope to hear from you soon.
Jason C. Foulger, Attorney at Law
801-615-1951
Please give me call let me be your attorney. licensed in Utah and Nevada. I will even come to your house, place of business or hospital, where ever you are located.
Thanks and I hope to hear from you soon.
Jason C. Foulger, Attorney at Law
801-615-1951
Friday, July 20, 2012
Does Crime pay? Apparently so
Once in a while, some credit should be given to the victims; it’s not always the criminals that do stupid things. Now, I’m not saying they deserve it, so don’t go out and rob someone because they like one direction or vandalize their lawn for buying Snookie’s autobiography, but sometimes the innocent ones raise our self-esteem a bit as well.
So here’s what NOT do when a bunch of teenage hooligans drive by and throw a milkshake in your face: toss back your alligator skin purse. A California woman is to thank for that lesson, whose purse happened to contain $2,000 in cash. It was reported that she had thrown the purse in return for the milkshake to the face, but it ended up going right through the vehicle’s window and into the hands of kids likely to buy 2 grand worth of frozen dairy.
So here’s what NOT do when a bunch of teenage hooligans drive by and throw a milkshake in your face: toss back your alligator skin purse. A California woman is to thank for that lesson, whose purse happened to contain $2,000 in cash. It was reported that she had thrown the purse in return for the milkshake to the face, but it ended up going right through the vehicle’s window and into the hands of kids likely to buy 2 grand worth of frozen dairy.
MythBuster: Only People Who Want More than Their Fair Share File Personal Injury Cases
In a perfect world where every business and insurance company honored its commitments and obligations, but that's rarely the case. The vast majority of personal injury cases involve insurance companies, and insurance companies make their money by collecting premiums and then not paying out claims.
Insurance company representatives are trained to encourage personal injury victims to accept less than they're entitled to. Some insurance companies even interfere with medical treatment by refusing to authorize procedures or delaying payment.
Hiring a personal injury lawyer is often the only way a personal injury victim can get his legitimate expenses covered by the person or company responsible for his injuries. Insurance companies are well aware of this, and so train their representatives to make every effort to discourage injury victims from retaining personal injury lawyers.
Personal injury victims who work with personal injury lawyers may be more likely to receive larger personal injury settlements. It's not because those personal injury lawyers are "holding up" the insurance companies; it's because victims who aren't represented by personal injury lawyers often get cheated.
Insurance company representatives are trained to encourage personal injury victims to accept less than they're entitled to. Some insurance companies even interfere with medical treatment by refusing to authorize procedures or delaying payment.
Hiring a personal injury lawyer is often the only way a personal injury victim can get his legitimate expenses covered by the person or company responsible for his injuries. Insurance companies are well aware of this, and so train their representatives to make every effort to discourage injury victims from retaining personal injury lawyers.
Personal injury victims who work with personal injury lawyers may be more likely to receive larger personal injury settlements. It's not because those personal injury lawyers are "holding up" the insurance companies; it's because victims who aren't represented by personal injury lawyers often get cheated.
Thursday, July 19, 2012
Understanding Negligence
Negligence is legally identified as having four parts: duty, breach of duty, causation, and damages. Duty stipulates the obligation owed to others in society. Physicians, attorneys, and other professionals of the same caliber are stated to have an implied duty to use a high standard of care due to their training, experience, and dealings with the general public, when administering services. Individuals in society are stated to have a general duty to others, which is to act as a reasonable person would in certain circumstances, such as driving defensively. This duty may become breached if one knowingly puts another at risk or acts in a way that puts someone at a risk that a reasonable person in the same situation would have anticipated. In the event that a person becomes injured, personal injury law requires that it be proven that negligence or intentional action was the cause of the injury. If this is proven the injured party may be entitled to be compensated for medical bills, pain and suffering, emotional distress, lost wages, and other related damages.
Wednesday, July 18, 2012
FAQ about small claims court
What are the dollar limits for small claims court cases in Utah?
The most you can ask for in small claims is $10,000.
Which court hears small claims case in Utah?
Small claims cases in Utah are heard in the Small Claims Department (District Court)
How long does the defendant have to answer the small claims complaint?
In Utah the defendant may file a written answer at least 15 days before trial, but only if a counterclaim ($7,500 maximum) is being filed. Otherwise an answer is not required.
Are attorneys allowed in small claims court in Utah?
Yes, you are allowed to have an attorney represent you in small claims.
Can a landlord bring an eviction lawsuit in small claims court in Utah?
No, Eviction cases are not allowed, they must be heard in a higher court.
Can you bring a personal injury suit in small claims court in Utah?
Yes, but you are limited to $10,000 for both your injuries and property damage.
How long will my trial take in small claims court in Utah?
It depends on the nature of the case. Most trials are done in an hour or two.
Do I have the right to a jury in small claims court in Utah?
In Utah, there is no provision for jury trials.
Where can I get more information about small claims court in Utah?
Call Jason C. Foulger at 801-615-1951 or see www.utcourts.gov/howto/smallclaims
The most you can ask for in small claims is $10,000.
Which court hears small claims case in Utah?
Small claims cases in Utah are heard in the Small Claims Department (District Court)
How long does the defendant have to answer the small claims complaint?
In Utah the defendant may file a written answer at least 15 days before trial, but only if a counterclaim ($7,500 maximum) is being filed. Otherwise an answer is not required.
Are attorneys allowed in small claims court in Utah?
Yes, you are allowed to have an attorney represent you in small claims.
Can a landlord bring an eviction lawsuit in small claims court in Utah?
No, Eviction cases are not allowed, they must be heard in a higher court.
Can you bring a personal injury suit in small claims court in Utah?
Yes, but you are limited to $10,000 for both your injuries and property damage.
How long will my trial take in small claims court in Utah?
It depends on the nature of the case. Most trials are done in an hour or two.
Do I have the right to a jury in small claims court in Utah?
In Utah, there is no provision for jury trials.
Where can I get more information about small claims court in Utah?
Call Jason C. Foulger at 801-615-1951 or see www.utcourts.gov/howto/smallclaims
Tuesday, July 17, 2012
Rock and Roll Denver Marathon
Am I crazy! My wife and I just signed up to run the Rock and Roll marathon in Denver. Just started to ramp up my training. So if you see me out running, please honk and encourage me to keep going. I will post the results at the end on September.
Common Mistakes Motorists Make
Motorists often make costly mistakes when they are involved in an accident. First, motorists will often downplay injuries they sustain from the accident, thinking that they will heal on their own. However, pain that persists over three months is 90 percent likely to become permanent and may require regular and costly medical treatment.
Another common mistake is thinking that your insurer will act in favor of your best interests. Insurance companies want to settle your claim as quickly and as cheaply as possible. Utah law requires your insurer to pay up to $3,000 of your medical bills, regardless of who is responsible for the accident, without raising your insurance rates.
A related mistake is that motorists will often accept a settlement offer from their insurer without knowing what is at stake. People who do this often fail to ensure that all of their current and long-term costs are adequately covered by the settlement and sign away their rights in the process.
Finally, accident victims frequently neglect to complete the paperwork associated with an accident on time. If insurance forms or medical documentation are not filed on time you may miss out on benefits and have to pay for these expenses out of pocket.
What to do After an Accident
Another common mistake is thinking that your insurer will act in favor of your best interests. Insurance companies want to settle your claim as quickly and as cheaply as possible. Utah law requires your insurer to pay up to $3,000 of your medical bills, regardless of who is responsible for the accident, without raising your insurance rates.
A related mistake is that motorists will often accept a settlement offer from their insurer without knowing what is at stake. People who do this often fail to ensure that all of their current and long-term costs are adequately covered by the settlement and sign away their rights in the process.
Finally, accident victims frequently neglect to complete the paperwork associated with an accident on time. If insurance forms or medical documentation are not filed on time you may miss out on benefits and have to pay for these expenses out of pocket.
What to do After an Accident
To avoid the common mistakes made following an accident, you should take the follwoing steps:
- See a doctor-in addition to treating your aches and pains, this will document any injury that you sustained in the accident for later use.
- Gather evidence-if you can, take pictures of the accident scene, showing the damage to your vehicle and your injuries. Also, note the names of any witnesses.
- Notify your insurance company-however, don't sign anything or give a statement before speaking with an attorney.
Open for business
My doors are opened and I doing my own thing. I still am affiliated with a firm but I am doing more of my own work. I am accepting new clients for a variety of legal matters. Including personal injury, family law, criminal law, landlord/tenant, contracts drafting and negotiating, estate planning, business law, and collections.
Stay tuned to the blog I will provide a series of legal updates and other items that may be important. I also will have some information that may be less informative but will put a smile on your face.
I provide free consultations and very reasonable rates.
You will received and honest evaluation of your legal matter. You can be assured that I will not tell you that you have a great case only later to do a full reversal. I will not give you any misleading information about your case. I will be honest and fair.
Mention this blog and I will provide a 20% discount.
Stay tuned to the blog I will provide a series of legal updates and other items that may be important. I also will have some information that may be less informative but will put a smile on your face.
I provide free consultations and very reasonable rates.
You will received and honest evaluation of your legal matter. You can be assured that I will not tell you that you have a great case only later to do a full reversal. I will not give you any misleading information about your case. I will be honest and fair.
Mention this blog and I will provide a 20% discount.
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