FAQs

For over a decade, The Gooch Firm, P.C. has represented Utah and Idaho accident and negligence victims in personal injury, medical malpractice, and wrongful death claims. In the emotional and stressful time following an accident, it is empowering to be aware of your legal rights and responsibilities. Therefore, we have compiled this page of frequently asked questions to provide some basic, but important, information. If you or a loved one has been involved in an accident, please contact our office for a free initial consultation. We handle cases on a contingency fee basis, meaning you do not pay a fee until we collect compensation on your behalf.

What should I do if I am involved in a car accident?

When you are in a serious auto accident it can be hard to focus on anything other than the physical and emotional aftermath. However, obtaining as much pertinent information as possible is important to ensure a maximum insurance settlement, or to substantiate a lawsuit if necessary. If you are able to, you should gather:

• Names and contact information of possible witnesses
• Contact information and insurance information for other drivers and vehicle owners
• License plate numbers of others involved in the accident, especially if they attempt to flee the scene
• Details about the accident scene, such as the position of the vehicles, weather and road conditions, traffic signs and speed limits
• Photographs of the accident scene, if possible

Also, it is important to protect yourself. Do not apologize or admit fault, but report the accident to the police and obtain a copy of the police report. You should also notify your insurance company and provide the details of the accident. However, do not sign anything until you have explored all of your rights and options with an experienced personal injury attorney. Insurance companies will often undervalue your claim, and urge you to accept a settlement offer that is much less than you need and deserve.

What if I was hit by a drunk driver?

If you were hit by a drunk driver, he or she should be held accountable for your losses, as well as the dangerous decision to drive under the influence. Therefore, in addition to compensation for your medical bills, pain and suffering, lost wages, and property damage, we may also pursue punitive damages, which are intended to deter or reform such irresponsible behavior. However, for these claims to be successful, it is often necessary to conduct a thorough investigation immediately. Please refer to our drunk driving accidents page for more information about these personal injury claims.

I experienced a poor result after receiving medical treatment, but how can I tell if I have a medical malpractice claim?

A less than optimal result does not necessarily mean that you have experienced medical malpractice, for even with the best care, complications can occur. Generally, to be successful in a medical malpractice case, you must prove through expert medical testimony that no reasonable health care provider would have done as yours did. Reasonable care is usually determined in view of available knowledge, the geographic location where care occurred, and the state of medical practices at the time of the illness or injury. Additionally, the expert testimony must establish that your health care provider was a cause of the injury or death at issue. For example, a doctor can be negligent, but not liable if the injury or death was caused by some other factor. Please refer to our medical malpractice page for more information about these claims.

What is a wrongful death claim?

A wrongful death claim arises when person's death is caused by the negligence, recklessness, or wrongdoing of another person, corporation, or government entity. Heirs, including surviving spouses, children, and dependents, or the representative of the deceased person's estate may bring an action against the responsible party to recover damages that they have sustained as a result of the loss, including funeral costs, lost future wages, and mental anguish and suffering. Please refer to our wrongful death page for more information about these claims.