Frequently Asked Questions

Medical malpractice occurs when a healthcare provider (such as a doctor or hospital) fails to meet the standard of care, resulting in harm to a patient. In Utah, as in other states, not every bad outcome is malpractice. You must show that the provider was negligent (did something wrong or failed to do what a competent provider would have done) and that this negligence caused injury. Common examples of situations that qualify as medical malpractice include misdiagnosis or delayed diagnosis, surgical errors (operating on the wrong site or leaving an instrument inside the patient), anesthesia mistakes, birth injuries caused by improper delivery techniques, or medication/prescription errors. In essence, if a medical professional’s care fell below accepted standards and directly caused you serious harm, it may be a malpractice case. Because these cases are complex, it’s best to have a qualified Utah medical malpractice lawyer review the details to determine if your situation meets the legal criteria for malpractice.

In Utah, the time limit to file a lawsuit (known as the statute of limitations) depends on the type of case. Generally:

• Medical Malpractice: The clock starts ticking on the date you discovered the basis for your claim, or when you reasonably should have discovered it. This is often the date that you received substandard care. Claims against a governmental entity or employee, such as the University of Utah, require a notice of claim within 1 year. You must file a medical malpractice lawsuit within 2 years. However, Utah law also imposes a statute of repose of 4 years from the date of the malpractice incident. This means no matter when you discover the malpractice, you cannot file more than four years after the negligent act occurred (with only a couple of narrow exceptions). Because calculating the deadline can be complicated, it’s crucial to consult an attorney as soon as possible after a suspected malpractice injury.
• Wrongful Death: For wrongful death lawsuits in Utah, the statute of limitations is generally 2 years from the date of death. If your family member passed away due to someone else’s negligence or medical malpractice, you have two years from that date to file a wrongful death claim. There are some special considerations here as well. For instance, if the wrongful death involved a government hospital or government employee, you may need to file a notice of claim much sooner (generally within one year) under Utah’s governmental immunity laws. It’s wise to seek legal advice quickly in any wrongful death situation to avoid missing critical deadlines.

In summary, time is of the essence. Failing to file suit within the allowed time means you likely lose your right to pursue compensation entirely. To protect your rights, contact a Utah wrongful death or medical malpractice attorney promptly.

You can hire DKOW with no upfront costs. Our firm works on a contingency fee basis for injury, product liability, malpractice, and wrongful death cases. This means you pay nothing out of pocket to retain us, no hourly fees and no retainer. We only get paid if and when we win money for you, either through a settlement or a jury verdict. Our fee is a percentage of the recovery, which we will discuss and agree upon in advance.

This contingency arrangement ensures that high-quality legal representation is accessible to everyone, regardless of financial situation. We believe our clients should focus on healing, not on legal bills. During your free consultation, we will clearly explain our fee agreement, and you won’t pay a dime unless we succeed in securing compensation for you. In short: DKOW only gets paid when you get paid.

Determining whether you have a valid case depends on the specific facts of your situation. In general, you have a case if you suffered significant harm and it appears to have been caused by someone else’s negligence or wrongdoing. Key elements we look for include:

• Liability (Fault): There must be an individual or entity that failed to uphold their duty of care. For example, a doctor who made an unreasonable error, a hospital that provided substandard care, a driver who ran a red light, or a manufacturer of a defective product. We need to show that this party was negligent or at fault.
• Causation: It’s not enough that someone was negligent, we must link that negligence directly to your injury. In other words, we have to prove that but for the wrongdoing, you would not have been hurt. Sometimes this is straightforward (e.g., a drunk driver caused a crash that broke your bones), and sometimes it requires expert analysis (e.g., proving a medication error caused a complication and not an underlying condition).
• Damages: You must have suffered damages (losses) that the law can compensate. If you had a minor scare but no actual injury or expense, there may not be a viable case. Usually, damages include physical injuries, medical bills, lost income, pain and suffering, etc., or in the tragic event of a death, the losses experienced by the family.

If you’re unsure about any of the above, that’s completely normal. These determinations can be complex. The best way to know if you have a case is to consult an experienced attorney. DKOW offers a free, no-obligation case evaluation. We will listen to what happened and give you an honest assessment of your legal options. If we believe your case has merit, we’ll explain how we can help and what the next steps would be. If your case isn’t one we think will succeed (for example, if it’s beyond the statute of limitations or we can’t establish negligence), we will tell you that up front as well.

Many clients start out thinking “I’m not the suing type” or worrying that they don’t have a case. Don’t self-diagnose your legal case. Talk with us first. Our team can quickly help determine if your situation is actionable. If you have a case, we will fight for you. If you don’t, we’ll advise you of that so you can have peace of mind. The consultation is free, so you have nothing to lose by reaching out for a professional opinion on your case.

Have more questions? DKOW is here to provide answers and guidance. Contact us anytime if your question wasn’t addressed above. Our knowledgeable attorneys and staff are ready to assist.

Families coping with a birth injury often face enormous emotional and financial challenges. It’s natural to wonder, “If we pursue a claim, what kind of settlement can we expect?” or “What is the average payout for a birth injury?” While this is a common question, the answer isn’t straightforward. The value of birth injury cases can vary widely.

It’s important to start with this reality: no two birth injury cases are exactly alike, and therefore settlement values can range from tens of thousands of dollars to many millions. The outcome depends on the specifics of the injury, the circumstances, and the impact on the child and family.

Factors That Influence a Birth Injury Settlement in Utah

Given the broad range of outcomes, it’s more useful to understand the key factors that determine how much a birth injury case is worth:

• Severity and Type of Injury: This is the single biggest driver of case value. Injuries causing permanent disabilities (like cerebral palsy, brain damage, or severe physical impairments) typically lead to larger settlements because the lifetime costs of care and the impact on the child’s life are enormous. For instance, caring for a child with severe cerebral palsy can cost millions of dollars over their lifetime, and verdicts/settlements will account for ongoing medical treatment, therapy, special education, assistive devices, and more. Milder injuries (such as a temporary nerve injury that heals, or a minor fracture during delivery) will generally have a much lower value, as the child can recover fully or with minimal long-term effects.
• Medical Expenses and Future Care Needs: Related to severity, the amount of medical and care expenses is crucial. A case that involves a lifetime of medical care, surgeries, rehabilitation, home modifications, and possibly 24/7 care will require a higher settlement to cover those needs. Part of any settlement calculation is an expert-driven analysis of future costs (often done by a life care planner and an economist).
• Loss of Earning Capacity: While a newborn obviously isn’t earning money, a birth injury can impact their ability to ever work or live independently. A severe injury can mean the child will never be able to hold gainful employment, resulting in a claim for loss of future earning capacity. Juries and insurers consider what income the child might have earned had they been healthy. This can add substantial value in cases of permanent disability.
• Clarity of Liability: Another major factor is how strong the evidence of medical negligence is. If it’s very clear that the doctor or hospital made an egregious error (for example, clear fetal monitor negligence or a stark deviation from standard care), the case is stronger and often the defense will be more inclined to offer a large settlement. However, if liability is contested—say, the doctors argue that the outcome was due to an unforeseen complication rather than their mistake—the case value might be lower or it might have to go to trial to resolve disputes. Strong liability often equals higher settlement; debatable liability can reduce settlement amounts.
• Insurance Policy Limits: In practical terms, the amount of insurance coverage available can put a cap on settlements. Hospitals typically have very high insurance limits or self-insurance for big claims, so that’s usually not an issue. But if the negligent party is an individual doctor with limited malpractice insurance, the settlement might be constrained by that policy limit. Most obstetricians carry substantial malpractice policies due to the nature of their work.
• Legal Team’s Experience: Having an experienced birth injury attorney (and conversely, the defense knowing that the family has strong legal representation) can influence settlement value. A law firm with a track record of big verdicts (like DKOW) shows the insurance company that the family is prepared to win in court if a fair settlement isn’t offered. This often leads to better settlement offers. It’s one reason we always emphasize choosing the right attorney. It can make a difference of thousands or even millions in the outcome.

Maximizing the Value of Your Birth Injury Case

If you are pursuing a birth injury claim, you likely want to ensure you secure enough compensation to take care of your child’s needs and hold the negligent parties accountable. Here are a few steps to help achieve the best outcome:

• Document Everything: Keep all medical records, bills, and correspondence. Journals of your child’s symptoms, treatments, and daily challenges can illustrate the extent of care needed. This evidence will support your damages claim.
• Work with Experts: Cases involving birth injuries often require testimony from medical experts (to establish negligence and causation) and economic/life-care planning experts (to establish the cost of future care). At DKOW, we work with top-notch experts in obstetrics, neonatology, pediatric neurology, and life care planning to build a compelling case for the full extent of your losses.
• Don’t Settle Too Early: It can be tempting to accept a quick settlement offer to cover immediate bills, but often initial offers are much lower than what the case is truly worth. It’s important to understand your child’s long-term prognosis before settling. Some injuries may appear moderate at first but have more serious developmental impacts that become clear over time. Make sure any settlement accounts for future needs, not just current expenses.
• Choose the Right Law Firm: As mentioned, having experienced legal counsel can greatly affect case value. DKOW has a history of record-setting verdicts and settlements in Utah and specifically has handled many complex birth injury cases. We know how to accurately value a case and fight for every dollar our clients and their children deserve. We are familiar with the tactics insurance companies use to minimize payouts and how to counter them effectively.

A product liability case arises when a person is injured by a defective or dangerous product. In Utah (as in other states), you generally don’t need to prove the manufacturer was negligent in the usual sense. Instead, the focus is on the product itself being unreasonably unsafe. Common types of product defects that can lead to liability include:

• Design Defects: Flaws in the product’s design that make it inherently dangerous (even if made correctly). For example, a power tool designed without a proper safety guard could be unreasonably unsafe. In these cases, our attorneys investigate industry standards and safer alternative designs to show the product was designed hazardously.
• Manufacturing Defects: Errors in the production or assembly of a product that depart from the intended design. A batch of consumer products might be contaminated with toxins, or a crucial bolt missing from an ATV, making it fail. We work with engineering experts to pinpoint how a product deviated from its proper design during manufacturing.
• Failure to Warn (Marketing Defects): Inadequate instructions or warnings for the product’s use. If a product has hidden dangers, the maker must warn consumers. For instance, if a cleaning chemical can emit toxic fumes when mixed with other common products but has no warning label, that’s a potential failure-to-warn case.

If you were using the product as intended (or in a foreseeable way) and were hurt due to one of these defects, you may have a valid product liability claim. It’s important to preserve the product and any pieces or packaging, as they can be critical evidence. Take photos of the product and the injury, and get medical treatment right away. These cases often rely on expert analysis. For example, engineers or safety experts may examine the product to identify the defect. In Utah, product liability claims are subject to a two-year statute of limitations. There’s also a statute of repose in some cases that can bar claims filed too long after the product was made or sold, even if you didn’t discover the issue until later. Because these deadlines can be complicated, it’s wise to consult an attorney as soon as possible after a defective product injury.

What to expect and how DKOW can help: Product liability cases can be complex and hard-fought. Manufacturers often have teams of lawyers and experts to defend their product. DKOW’s attorneys are highly experienced in this field and have a proven track record of success in Utah product defect cases. We will fully investigate the history of the product (including recalls, safety reports, or prior incidents) and identify all parties in the supply chain who might be liable. Our firm has secured significant recoveries for victims of defective products, including multimillion-dollar verdicts and settlements. For example, DKOW obtained the first eight-figure punitive damage award in a product defect case in Utah, a $10 million recovery for a young athlete injured by a defective product, a $25 million verdict for a wrongful death caused by a window blind, and a $7.5 million jury verdict in federal court for an automobile defect case. These results show that our team knows how to hold product manufacturers accountable. We also understand the physical, emotional, and financial toll such an injury can take on you and your family, and we provide personalized support through every step. If you believe a defective consumer product caused your injury, our lawyers can evaluate your case for free and, if we take the case, you pay nothing up front. We only get paid if we win compensation for you (this is known as a contingency fee). Ultimately, a valid product liability case in Utah will allow you to recover damages for medical bills, lost income, pain and suffering, and other losses caused by the defective product.

Being involved in a collision with a commercial truck (such as a delivery vehicle or tractor-trailer) is often devastating due to the sheer size and force of these vehicles. If you’re injured in a trucking accident in Utah, your health and safety are the top priority, but there are also critical steps you can take to protect your legal rights. Here’s what to do in the aftermath of a truck crash:

1. Call 911 and Seek Medical Help: Always call the police to report the accident and request medical attention. Even if you feel “okay,” get evaluated by medics or a doctor as soon as possible. Shock and adrenaline can mask serious injuries, and having an official record of your injuries is important if you pursue a claim.
2. Document the Scene (If Safe): If you are able, gather evidence at the accident scene. Take photographs of the vehicles (including the truck’s license plates and any company logos or identification on the truck), the road conditions, skid marks, and your injuries. Truck accidents can scatter debris over a wide area. Photos of things like blown tires or cargo spills can be valuable. Also, get the names and contact information of any witnesses.
3. Exchange Information, But Be Cautious: Obtain the truck driver’s name, the trucking company’s name, and insurance information. Limit your conversation with the truck driver or company representatives. Do not admit fault or make detailed statements about the accident on the scene. Anything you say can potentially be used to downplay your claim later.
4. Preserve Evidence of Your Injuries and Expenses: Keep copies of all medical records, bills, and receipts related to the accident. If you miss work due to injuries, document lost wages. It’s also helpful to keep a journal of your recovery, noting any pain, limitations, or emotional distress. These details can demonstrate the impact of the accident on your daily life.
5. Contact an Experienced Truck Accident Attorney Early: Trucking companies and their insurers often deploy investigators immediately after a serious crash to protect their interests. Important evidence can be lost or even intentionally destroyed if not secured quickly. For example, a truck’s electronic log data or onboard “black box” recording of the crash, the driver’s logbooks, maintenance records, and dash cam footage. An experienced attorney will send spoliation letters to preserve this evidence and will know how to obtain records on driver hours, prior safety violations, and more. In Utah, commercial truck drivers and companies must follow federal safety regulations (like limits on hours-of-service to prevent driver fatigue, truck weight limits, etc.), and violating these rules is often a sign of negligence. By getting a lawyer involved early, you level the playing field and ensure critical proof isn’t lost.

After taking care of these immediate concerns, you’ll want to understand how a trucking accident claim works. Trucking accident cases are more complex than typical car accident cases. For one, the injuries tend to be far more severe because of the size and momentum of big rigs. We often see catastrophic injuries like brain trauma, spinal cord injuries, or wrongful deaths in trucking crashes. There may also be multiple liable parties. Aside from the truck driver, the trucking company may be liable, as could maintenance contractors or manufacturers of a faulty truck part, or even a loading company if unsecured cargo contributed to the crash.

What to expect from a trucking accident claim: Once you hire a firm like DKOW, we will immediately begin investigating and building your case. Our truck accident lawyers know how to obtain driver qualification files, truck maintenance logs, hours-of-service records, and toxicology reports (to see if the driver was under the influence)—evidence that is crucial in proving negligence in a trucking case. We often work with accident reconstruction experts who can analyze the crash dynamics, and we may download data from the truck’s electronic control module (ECM) which can show speed, braking, and engine performance prior to the crash. Expect that the trucking company’s insurer will have aggressive lawyers; trucking companies carry large insurance policies (often $1 million or more), so their insurers fight hard to minimize payouts. They might try to argue that you were at fault or that your injuries aren’t as severe as claimed. Don’t be discouraged. DKOW has a proven record of overcoming these tactics. Our firm has secured major outcomes for truck accident victims, including a $6 million settlement for a trucking collision case and a $3.1 million jury verdict for a wrongful death in a trucking accident. We have the resources to go toe-to-toe with trucking insurers, and we take cases to trial if that’s what it takes to get justice. As our client, you can expect compassionate support and clear communication throughout the process. Ultimately, if your case is successful, you can recover compensation for your medical bills (including future medical care), lost wages or lost earning capacity, pain and suffering, and other damages resulting from the crash. In tragic cases involving a fatality, the family may pursue a wrongful death claim to recover funeral expenses and the loss of their loved one’s support and companionship. Keep in mind that Utah follows a comparative fault rule, so as long as you were not 50% or more at fault for the accident, you can still recover damages (any partial fault on your part will reduce your compensation proportionally). Your attorney will work to counter any unfair blame tactics the trucking company uses. The bottom line: after a trucking accident in Utah, focus on getting well and let an experienced legal team like DKOW handle the complexities. We’ll fight to hold the negligent truck driver and company accountable and secure the maximum compensation available for you.

Being involved in a collision with a commercial truck (such as a delivery vehicle or tractor-trailer) is often devastating due to the sheer size and force of these vehicles. If you’re injured in a trucking accident in Utah, your health and safety are the top priority, but there are also critical steps you can take to protect your legal rights. Here’s what to do in the aftermath of a truck crash:

1. Call 911 and Seek Medical Help: Always call the police to report the accident and request medical attention. Even if you feel “okay,” get evaluated by medics or a doctor as soon as possible. Shock and adrenaline can mask serious injuries, and having an official record of your injuries is important if you pursue a claim.
2. Document the Scene (If Safe): If you are able, gather evidence at the accident scene. Take photographs of the vehicles (including the truck’s license plates and any company logos or identification on the truck), the road conditions, skid marks, and your injuries. Truck accidents can scatter debris over a wide area. Photos of things like blown tires or cargo spills can be valuable. Also, get the names and contact information of any witnesses.
3. Exchange Information, But Be Cautious: Obtain the truck driver’s name, the trucking company’s name, and insurance information. Limit your conversation with the truck driver or company representatives. Do not admit fault or make detailed statements about the accident on the scene. Anything you say can potentially be used to downplay your claim later.
4. Preserve Evidence of Your Injuries and Expenses: Keep copies of all medical records, bills, and receipts related to the accident. If you miss work due to injuries, document lost wages. It’s also helpful to keep a journal of your recovery, noting any pain, limitations, or emotional distress. These details can demonstrate the impact of the accident on your daily life.
5. Contact an Experienced Truck Accident Attorney Early: Trucking companies and their insurers often deploy investigators immediately after a serious crash to protect their interests. Important evidence can be lost or even intentionally destroyed if not secured quickly. For example, a truck’s electronic log data or onboard “black box” recording of the crash, the driver’s logbooks, maintenance records, and dash cam footage. An experienced attorney will send spoliation letters to preserve this evidence and will know how to obtain records on driver hours, prior safety violations, and more. In Utah, commercial truck drivers and companies must follow federal safety regulations (like limits on hours-of-service to prevent driver fatigue, truck weight limits, etc.), and violating these rules is often a sign of negligence. By getting a lawyer involved early, you level the playing field and ensure critical proof isn’t lost.

After taking care of these immediate concerns, you’ll want to understand how a trucking accident claim works. Trucking accident cases are more complex than typical car accident cases. For one, the injuries tend to be far more severe because of the size and momentum of big rigs. We often see catastrophic injuries like brain trauma, spinal cord injuries, or wrongful deaths in trucking crashes. There may also be multiple liable parties. Aside from the truck driver, the trucking company may be liable, as could maintenance contractors or manufacturers of a faulty truck part, or even a loading company if unsecured cargo contributed to the crash.

What to expect from a trucking accident claim: Once you hire a firm like DKOW, we will immediately begin investigating and building your case. Our truck accident lawyers know how to obtain driver qualification files, truck maintenance logs, hours-of-service records, and toxicology reports (to see if the driver was under the influence)—evidence that is crucial in proving negligence in a trucking case. We often work with accident reconstruction experts who can analyze the crash dynamics, and we may download data from the truck’s electronic control module (ECM) which can show speed, braking, and engine performance prior to the crash. Expect that the trucking company’s insurer will have aggressive lawyers; trucking companies carry large insurance policies (often $1 million or more), so their insurers fight hard to minimize payouts. They might try to argue that you were at fault or that your injuries aren’t as severe as claimed. Don’t be discouraged. DKOW has a proven record of overcoming these tactics. Our firm has secured major outcomes for truck accident victims, including a $6 million settlement for a trucking collision case and a $3.1 million jury verdict for a wrongful death in a trucking accident. We have the resources to go toe-to-toe with trucking insurers, and we take cases to trial if that’s what it takes to get justice. As our client, you can expect compassionate support and clear communication throughout the process. Ultimately, if your case is successful, you can recover compensation for your medical bills (including future medical care), lost wages or lost earning capacity, pain and suffering, and other damages resulting from the crash. In tragic cases involving a fatality, the family may pursue a wrongful death claim to recover funeral expenses and the loss of their loved one’s support and companionship. Keep in mind that Utah follows a comparative fault rule, so as long as you were not 50% or more at fault for the accident, you can still recover damages (any partial fault on your part will reduce your compensation proportionally). Your attorney will work to counter any unfair blame tactics the trucking company uses. The bottom line: after a trucking accident in Utah, focus on getting well and let an experienced legal team like DKOW handle the complexities. We’ll fight to hold the negligent truck driver and company accountable and secure the maximum compensation available for you.

Suffering a serious injury on the job can be physically and financially devastating. In Utah, as in most states, workplace injuries are generally covered by the workers’ compensation system. Workers’ comp is essentially no-fault insurance that your employer is required to carry; it provides benefits for medical bills and a portion of lost wages regardless of who caused the accident. The trade-off, however, is that if you’re a regular employee, you typically cannot sue your employer for negligence in causing your injury. Workers’ compensation is usually the exclusive remedy against your employer, meaning even if your employer was careless (for example, failed to provide proper safety equipment), you’re limited to workers’ comp benefits and cannot file a standard personal injury lawsuit against the employer in most situations. There are very limited exceptions (such as if an employer intentionally injured you, which is rare and hard to prove). Also, if your employer doesn’t carry the required workers’ comp insurance, Utah law might allow you to sue them in court, but those cases are uncommon since most employers comply with insurance requirements.

That said, you may be able to sue other parties who are responsible for your work-related injury. Just because you can’t sue your direct employer doesn’t mean you’re without legal recourse. Many work accidents happen due to the fault of a third party. Here are a few scenarios where an injured worker can pursue a personal injury lawsuit outside of workers’ comp:

• Negligence of a Third Party: If someone other than your employer or co-worker caused your injuries, you can sue that person or company. For example, imagine you’re a delivery driver and get hit by a negligent third-party motorist while on the job. You can file a regular injury claim against the at-fault driver (in addition to receiving workers’ comp). Or, if you’re a construction worker and a subcontractor from another company causes an accident (say, a crane operator from a different firm drops an object on you), you could sue that subcontractor’s company. We often investigate construction and industrial accidents to identify all companies involved; often multiple contractors operate on a site, and only your direct employer is protected from being sued. Other companies can be held liable if they were negligent.
• Defective Equipment or Product: Sometimes work injuries happen because a machine or product failed. If a defective tool, machine, or piece of safety equipment contributed to your injury, you could have a product liability claim against the manufacturer. For instance, if your safety harness snaps due to a design flaw, or a factory machine malfunctions due to a defect and injures you, the manufacturer (and possibly distributors) of that equipment can be sued. DKOW’s expertise in product liability would be invaluable in such a case. We’ve secured major settlements for clients injured by defective products used in workplaces.

What should you do after a workplace injury? First, report the injury to your employer immediately. In Utah, there are strict deadlines for reporting a work injury. If you delay too long, you could jeopardize your comp benefits. Getting prompt medical treatment is not only important for your health but also documents the incident. Once your immediate medical needs are addressed, consult a qualified work injury attorney to explore any work comp and third-party claims. An attorney can examine the circumstances and identify if someone besides your employer might be liable.

When DKOW takes on a workplace injury case, we bring a wealth of experience in handling major industrial accidents. In fact, our firm was lead counsel in Utah’s largest workplace disaster case, the Crandall Canyon Mine collapse, securing a substantial eight-figure settlement for the victims’ families. We’ve won multimillion-dollar settlements for workplace injuries in a variety of industries. For example, we obtained a $32 million settlement on behalf of clients in a catastrophic workplace accident (the largest such settlement in Utah). We also achieved a $4 million jury verdict for a workplace injury (in that case, a part-time farm employee was severely hurt on the job). These outcomes show that while workers’ comp might provide limited benefits, DKOW excels at pursuing full justice through third-party lawsuits when another company or a defective product is to blame. In practical terms, this means we strive to recover damages that workers’ comp doesn’t cover, such as pain and suffering, full lost earnings (not just the portion workers’ comp pays), and in cases of permanent disability, compensation for loss of future earning capacity and life care needs. We coordinate our efforts with the workers’ comp process (since if you collect from a third party, you may need to reimburse some workers’ comp benefits—our lawyers handle these issues to maximize your net recovery).

In summary, after a serious workplace injury in Utah, you generally cannot sue your employer due to workers’ comp exclusivity, but you may have a case against other negligent parties. It’s crucial to have knowledgeable legal counsel evaluate your situation. If we take your case, you pay no fee unless we win. Our goal is to ensure that if your injury was caused by someone’s negligence—whether on a construction site, in a factory, an oilfield, or any workplace—no responsible party escapes accountability. We handle the heavy lifting of legal action while you focus on recovery, and we fight to secure the financial compensation you truly deserve, beyond the modest benefits workers’ comp provides.

Construction sites are inherently hazardous environments. Whether you are a construction worker or even just an unlucky passerby, injuries on construction sites can be severe, such as falls from scaffolding, being struck by falling objects, machinery accidents, electrocutions, and countless other frightening scenarios. In Utah, if you’re injured on a construction site, determining who is liable (legally responsible) is a crucial question that can be complicated to answer. Construction accidents often involve multiple companies and individuals, so there may be several potential defendants. Here are some of the parties that might be held liable in a construction site injury case:

• General Contractor or Construction Manager: The general contractor overseeing the project has a duty to maintain a reasonably safe worksite for workers and visitors. They typically coordinate safety measures and compliance with OSHA regulations. If safety protocols are neglected (e.g., lack of fall protection, poor site coordination, debris left in walkways), the general contractor can be held responsible for resulting injuries.
• Subcontractors: Modern construction projects involve many subcontractors (electricians, plumbers, steel erectors, etc.). Each subcontractor is responsible for performing their work safely. If a subcontractor’s negligence causes injury—for example, an electrician leaves live wires exposed, or a crane operator employed by a subcontractor swings a load without checking the area—that subcontractor (and their employer company) could be liable. An injured worker who is not employed by that subcontractor can sue them (workers’ comp would typically not protect the negligent subcontractor in that situation).
• Property Owner / Developers: The property owner or developer might bear liability if they retained control over the premises or if the injury was caused by a pre-existing hazard on the property. For instance, if a developer knowingly forces work to continue on unstable ground that then collapses, or an owner fails to disclose known dangers on the site, they could share in the fault.
• Equipment and Material Suppliers: Sometimes an accident is caused by faulty construction equipment or materials. Perhaps a scaffolding collapses due to a defect, or a power tool malfunctions. In such cases, the manufacturer or supplier of the defective equipment can be liable under product liability law (similar to any defective product case). For example, if a crane’s cable was defectively made and snaps under normal use, the cable manufacturer could be on the hook for injuries.
• Engineers or Architects: On rare occasions, a design professional’s negligence contributes to an accident (e.g., an engineer’s miscalculation leads to a structural collapse, or an architect’s plans didn’t meet code). They carry professional liability and could be liable if their errors cause injuries.

Determining liability in a construction site accident is often challenging. It may involve parsing through contracts, safety logs, and accident reports to see who had responsibility for the area or task that went wrong. It’s common for multiple parties to dispute fault and even blame the injured person.

DKOW has handled some of the most significant construction-related injury cases in Utah’s history. Notably, our firm served as lead counsel for the victims of the Crandall Canyon Mine disaster, a tragic mining collapse, and obtained a substantial eight-figure settlement for those families. We’ve also secured numerous other multimillion dollar recoveries for injuries stemming from oilfield explosions, refinery accidents, and construction site failures. Each case is different, but our commitment to the client is the same. We operate on a contingency fee for these cases, so you pay nothing upfront. Our fees are paid out of the settlement or verdict we win, and if we don’t win, you owe nothing.

If you’ve been injured on a construction site in Utah, it’s wise to talk with our attorneys as soon as possible. Important evidence like accident-site conditions can change quickly (debris gets cleared, equipment fixed), and witnesses’ memories can fade. We can take swift action to preserve evidence and protect your rights. Remember, there is typically a four-year statute of limitations for negligence cases in Utah (and the deadline may be as short as one year if a government entity is involved), so don’t delay seeking legal advice.

“Premises liability” refers to the legal responsibility property owners (or those in control of a property) have for injuries that occur due to unsafe conditions on their property. These cases most commonly involve slip-and-fall or trip-and-fall accidents, but premises liability can also cover things like being hit by a falling object in a store, injuries due to building code violations (such as a broken railing on a stairway), dog bites or attacks (though dog bite cases have some of their own rules, Utah generally holds owners liable if their dog bites someone), or inadequate security leading to an assault on the property. The core issue in any premises liability claim is whether the property owner or occupier failed to meet their duty to keep the property reasonably safe.

Here are a few examples of unsafe conditions that often lead to premises liability claims: a supermarket that didn’t clean up a spilled liquid on the floor (leading a customer to slip), a parking lot that wasn’t salted or cleared after a snowstorm for an unreasonable length of time (leading to an icy fall), a store with poorly stacked merchandise that falls on a shopper, or a landlord who didn’t repair a known hazard in a common area (like faulty wiring that causes a fire or broken stairs that cause a fall). Simply getting hurt on someone’s property doesn’t automatically make it a valid claim; you typically must show that the property owner was negligent in allowing a dangerous condition to exist.

If you’re injured on someone’s property, take action quickly. Report the incident to the property owner or manager immediately. If you’re in a store or business, they should create an incident report. Request a copy of any report. If possible, gather evidence: take photos or video of what caused your injury (before it gets fixed or cleaned up). Get contact info for any witnesses who saw what happened or the hazard. Seek medical attention right away, both for your well-being and to document your injuries. All this can greatly strengthen your case, because one challenge in premises cases is proving the condition existed as you say it did (since hazards are often fixed after someone is hurt). Also, be cautious about giving statements to insurance adjusters who may contact you. It’s wise to speak with a lawyer first.

Be aware of the time limits: generally, the statute of limitations for a premises liability injury in Utah is four years from the date of the accident. However, if the property is government-owned (say you slipped in a courthouse or a city park), you must follow the Utah Governmental Immunity Act, which requires a formal notice of claim to be filed within one year of the injury, and the lawsuit itself may need to be filed within a shorter window. These procedural details can be tricky, which is another reason to consult an attorney promptly.

Polaris is a popular manufacturer of off-road recreational vehicles (like RZR side-by-sides, ATVs, and snowmobiles), but in recent years some Polaris models have been associated with serious safety issues

If you’ve been injured by a Polaris vehicle, first and foremost get the medical care you need. Next, preserve the vehicle (or what remains of it) if at all possible, because it’s crucial evidence. Do not attempt to repair or alter it; have it secured in a storage facility if you can. An expert inspection will be needed to pinpoint the defect. Also, gather any records you have, including proof of purchase, maintenance records, any communications about recalls or repairs, etc. These cases can be complex, often requiring engineering experts who can testify about how the Polaris vehicle was defectively designed or manufactured. They may also involve corporate documents from Polaris about known issues (for instance, whether Polaris knew of the fire risk and what they did about it). DKOW is very familiar with this process, as we have represented clients in Polaris injury claims.

If your case is successful, what can you recover? Like other injury cases, you can seek compensatory damages for medical bills, including hospitalizations, surgeries, rehabilitation, and future medical care (burn injuries, for example, often require long-term treatment and multiple surgeries). You can claim lost wages and lost future earning potential if you can’t return to work or have to take a lower-paying job due to your injuries. You also are entitled to pain and suffering damages for the physical pain and emotional trauma. Additionally, in a case where it’s proven that Polaris knew of a defect and willfully ignored it, Utah law (like many states) allows for punitive damages to punish especially egregious conduct.

In summary, if you were injured by a Polaris ATV, UTV, or snowmobile and you suspect a defect (such as RZR fire issues) was the cause, you should explore a legal claim. DKOW has established itself as a leader in these Polaris product cases in Utah, offering knowledgeable and compassionate representation. We understand the technical aspects of these vehicle defects and, more importantly, we understand how deeply such an injury can affect your life. We will help you determine if you have a valid case, and if so, we will fight to get you the compensation you need to rebuild your life.

Aviation accidents—whether involving commercial airliners, private planes, helicopters, or medical transport aircraft—are devastating and rare events. If you or your family member has been harmed in a plane crash or helicopter accident in Utah or elsewhere, you may have a right to pursue a legal claim. These cases are legally and technically complex, but they are winnable with the right team of attorneys and experts.

At DKOW, we understand that victims of aviation disasters and their families face unimaginable loss. Our firm has represented families in fatal aviation accident litigation and has the experience, resources, and trial strength to pursue justice against powerful defendants such as aircraft manufacturers, operators, and insurers. We have specialized knowledge in this area, including that one of our attorneys is an instrument-rated pilot.

Who can be held responsible in an aviation accident?

Depending on the cause of the crash, multiple parties may be legally liable:

• Pilot or Crew: If the crash resulted from pilot error—such as misjudging weather conditions, deviating from procedures, or failing to respond to engine warnings—the pilot (or their employer) may be liable.
• Aircraft Owner or Operator: Private charter companies, flight schools, tour operators, or even hospitals operating medical helicopters must maintain their aircraft, train their pilots, and comply with FAA regulations. If they cut corners, they can be sued for negligence or wrongful death.
• Aircraft or Component Manufacturer: Many crashes are caused by mechanical failure, such as engine malfunction, defective landing gear, or control system failure. If a design or manufacturing defect contributed to the crash, the manufacturer (or parts supplier) may be held liable under product liability laws.
• Maintenance Providers: Improper inspections, skipped maintenance, or negligent repairs can lead to fatal consequences. Maintenance contractors who fail to comply with aviation standards may be responsible.
• Air Traffic Control or Government Entities: In rare cases, liability may extend to the FAA or air traffic controllers. For instance, if a controller gave unsafe instructions or failed to warn of a mid-air conflict. These cases have specific notice-of-claim and procedural requirements.

What compensation is available in an aviation wrongful death or injury claim?

If you’ve lost a loved one or suffered injury in an aviation accident, you may be entitled to compensation for:

• Economic Damages: Medical bills (if the victim survived for a time after the crash), funeral and burial expenses, lost income and benefits, loss of financial support.
• Non-Economic Damages: Pain and suffering, emotional distress, loss of companionship, and mental anguish. Utah law allows families to recover these damages in wrongful death actions.
• Punitive Damages: If the crash was caused by gross negligence, such as knowingly flying an unairworthy aircraft or ignoring critical safety information, punitive damages may be awarded to punish and deter such conduct.

In some aviation cases, federal laws or international treaties (like the Montreal Convention) may also apply. Our attorneys analyze each jurisdictional angle to maximize your claim.

What makes aviation cases different from other wrongful death cases?

Aviation disaster litigation is uniquely demanding:

• Regulatory Complexity: These cases often involve federal oversight from the FAA and NTSB, complex safety regulations, and international aviation standards. Understanding these regulations is essential to proving negligence.
• Technical Evidence: The causes of a crash may involve highly technical systems, including avionics, aerodynamics, black box data, flight logs, and weather data. We work with aviation engineers, pilots, and former NTSB investigators to identify the truth.
• Resource-Intensive Investigations: Aircraft crash investigations can take months or years. DKOW has the resources and resolve to independently investigate when necessary and to preserve evidence before it is lost, destroyed, or manipulated.
• Corporate Defendants: Whether the defendant is a multinational aircraft manufacturer, a tour operator with limited insurance, or a major insurer, these cases are aggressively defended. You need a firm with courtroom firepower and financial strength.

DKOW has represented families in aviation cases involving medical helicopters, charter flights, and private planes. Our attorneys have recovered tens of millions of dollars in catastrophic injury and wrongful death cases, and we have the skill to navigate the complexities of aviation litigation.

Like all our cases, we handle aviation claims on a contingency fee. You pay no legal fees unless we recover money for you.

If you’ve lost a loved one in a plane crash or helicopter accident, contact DKOW. We are here to help you find answers, pursue justice, and rebuild in the wake of tragedy.

Suffering a catastrophic injury or prematurely losing a family member is a life-altering event. Catastrophic injuries—such as severe brain injuries, spinal cord injuries, significant burns, or similar traumas—often require long-term medical care and rehabilitation. Choosing the right lawyer to handle your catastrophic injury or wrongful death case is one of the most important decisions you will make. The right attorney can make the difference in securing full and fair compensation to rebuild your life. But how do you know who is “right”? This guide will walk you through what to look for when selecting a Utah catastrophic injury or wrongful death lawyer to advocate for you or your loved one.

Experience with Catastrophic Injury Cases

Not all personal injury lawyers have experience with truly catastrophic or wrongful death cases. You’ll want to find an attorney (or law firm) who has a demonstrated history of handling severe injury or death claims similar to yours. Catastrophic injury and wrongful death cases are complex, they often involve intricate medical details, high damages, and sometimes multiple liable parties. An attorney who has successfully managed cases involving, for example, traumatic brain injury or paralysis, will be familiar with the nuances that these cases entail.

Key things to consider:

• Track Record of Success: Ask the lawyer about their results in past catastrophic injury and wrongful death cases. Have they secured significant settlements or verdicts for clients with major injuries? For instance, DKOW has obtained some of Utah’s largest personal injury and wrongful death verdicts and settlements, including numerous multimillion-dollar recoveries. A proven record shows the law firm knows how to fight and win high-value cases.
• Trial Experience: While most cases settle, catastrophic injury and wrongful death cases sometimes must go to trial to get fair compensation (because insurance companies fight hard on big-dollar claims). You want a law firm that is not only unafraid of trial but has ample courtroom experience and success in front of juries. A law firm that has won large jury verdicts—for example, our firm achieved a $36.7 million brain injury settlement, a $25 million wrongful death verdict, and an $11.2 million medical malpractice verdict in Utah—sends a strong signal to the insurance company that if they don’t offer a fair settlement, your lawyer can and will take the case to trial.

Specialization and Resources

Personal injury law is broad. When dealing with a life-changing injury, you want a firm that specializes in catastrophic injury and wrongful death, not a general practice firm or one that mostly handles minor car accidents. Specialization means the lawyer focuses on catastrophic cases day in and day out, staying current on laws and tactics that can benefit your case.

Additionally, catastrophic cases require significant resources. They can be expensive to litigate due to expert witness fees, investigations, and more. A well-established firm will have the financial resources to front these costs (since you shouldn’t be paying out of pocket) and the network of experts needed.

Look for the following:

• Medical and Technical Experts: Your lawyer should have connections to top-notch experts in fields relevant to your case, for example, neurologists, surgeons, rehabilitation specialists, burn care experts, accident reconstructionists, life care planners, and economists. Building a strong case often means bringing in these experts to provide opinions and testimony. At DKOW, we routinely engage esteemed experts across medical and economic fields to support our clients’ cases. Ask a prospective attorney if they have a go-to network of experts for catastrophic cases.
• Team Support: Does the attorney have a team (paralegals, additional lawyers, support staff) to assist? Catastrophic cases are a lot of work. There are many documents, interviews, and pieces of evidence to manage. A firm with a solid support team can handle the workload efficiently and thoroughly. It also means the firm can match the resources that big insurance companies and corporations will throw at the case.
• Financial Resources and Contingency Fees: Ensure the lawyer works on a contingency fee (most do for injury cases, meaning no fee unless you win) and is willing to advance case costs. Catastrophic injury litigation can involve tens of thousands in expenses for experts and discovery. A reputable firm will cover these upfront. DKOW, for example, offers services on a contingent fee basis and advances all costs, so clients pay nothing unless we recover funds. You want to feel confident that your attorney isn’t going to pressure you to take a quick low settlement because they can’t fund the fight. Instead, they should be prepared to see it through all the way.

Reputation and Leadership in the Field

An attorney’s reputation can significantly benefit your case. Defense lawyers and insurance companies know which plaintiff lawyers are formidable. A lawyer who is known for being knowledgeable, prepared, and successful will command respect and likely obtain better results.

Here’s what to look for:

• Peer Recognition: Has the attorney received awards or honors in the legal field? For example, our own Colin King was honored as Best Lawyers® Lawyer of the Year 2025 in Plaintiff’s Medical Malpractice in Salt Lake City. DKOW attorneys have received many other such awards, including Mike Worel’s recognition by Best Lawyers® as Lawyer of the Year 2015 and 2010 for Salt Lake City in Plaintiff’s Medical Malpractice and Personal Injury litigation, respectively.
• Leadership Roles: Attorneys who serve in leadership positions (e.g., President of the state trial lawyers association, chairs of legal committees, mentors to other lawyers) tend to be very committed to and experienced in their field. It shows they are respected by colleagues. One of DKOW’s partners, Ed Havas, was recognized as Mentor of the Year by the Utah State Bar for training new lawyers, an example of leadership in the legal community. Similarly, Colin King served as the Utah chapter president of the American Board of Trial Advocates and the Utah Association for Justice. This kind of background can indirectly benefit clients, as it means the lawyer is well-connected and up-to-date on best practices.
• Client Testimonials and Reviews: While awards are nice, what do former clients say? Check online reviews or ask the attorney for client references. People who have been through similar situations can give insight into how the attorney treated them and whether they delivered results. Look for comments on responsiveness, compassion, and whether clients felt their outcome was positive. A lawyer who has stellar reviews for big injury cases likely can do a great job for you as well. We invite you to read what our clients say about DKOW [link to testimonials].
• Community Involvement: This is a plus. Attorneys who are active in community safety initiatives, charities, or advocacy groups for injury victims often demonstrate a genuine passion for helping people, not just earning fees. It can also raise their profile, which again can put pressure on the opposition.

Communication and Compassion

A catastrophic injury case can last a long time—often multiple years—and during that time you will work closely with your attorney. It’s crucial to choose someone who communicates well and whom you trust. You’re going through one of the toughest periods of your life; you want a lawyer who is not only a skilled advocate but also empathetic and supportive.

Consider the following:

• Does the Attorney Listen? In your initial consultation, pay attention to whether the lawyer truly listens to your story and concerns or just delivers a sales pitch. A good catastrophic injury lawyer should be patient and attentive, asking detailed questions about how the injury happened and how it affects your life. They should make you feel heard. Compassion and communication go hand in hand. You want someone who will take the time to understand the full impact of your injury.
• Clear Explanations: The legal process is complex. Your lawyer should be able to explain things in clear, understandable terms, whether it’s the strategy for your case, the laws that apply, or what to expect at each stage. If they use a lot of jargon or rush through explanations, you might end up confused and frustrated. Clarity is key.
• Availability: Catastrophic injuries often involve evolving medical situations. You might have urgent questions or updates about your condition. Will the attorney be available when you need to talk? Ask how quickly they respond to calls or emails, and who your point of contact will be (some firms assign a dedicated paralegal or case manager in addition to the lawyer). You deserve timely updates and answers. At DKOW, for instance, we make it a point to have a paralegal assigned to each case to provide timely responses even if the attorney is busy at trial or in hearings.
• Compassionate Approach: During such a difficult time, you want to feel that your lawyer actually cares about you and your family. This doesn’t mean they become your therapist, but basic compassion (like asking how you’re holding up, understanding the non-economic toll of your injury, and being considerate of your emotions) is a quality of a good attorney. They should be passionate about getting you justice because they care about what happened to you. In our experience, attorneys who are personally invested often go the extra mile for their clients.

When you meet with a prospective lawyer, trust your gut. If you feel comfortable with them, that’s a great sign. If you feel intimidated, confused, or like just another case, you might keep looking. You need to have confidence and trust in your lawyer, as you will be relying on them during a very challenging journey.

Why DKOW Exemplifies the Right Choice for Catastrophic Injuries

We’d be remiss not to mention that DKOW embodies these qualities. As a firm deeply experienced in Utah catastrophic injury cases, we have:

• Decades of experience and a team of seasoned trial lawyers who have handled some of the toughest injury cases in Utah’s history.
• A track record of record-setting results, such as Utah’s first eight-figure punitive verdict and numerous multimillion dollar recoveries across medical malpractice, birth injury, brain injury, workplace catastrophes, and wrongful death cases.
• Recognition as leaders—our attorneys have been named among the best in Utah and have led major cases and legal organizations.
• A commitment to compassionate client service, ensuring every client is supported and kept informed. We take pride in being both warm and authoritative in our approach. You get empathy and top-notch legal skill under one roof.
• No fee unless we win, and we have the resources to battle the biggest insurance companies on equal footing.

Take the Next Step – Free Consultation

Your choice of a lawyer can greatly affect the outcome of your catastrophic injury or wrongful death claim. It’s worth taking the time to make an informed decision. We invite you to reach out to DKOW for a free, no-obligation consultation about your catastrophic injury or wrongful death case.

There is no upfront cost to speak with us, and if we proceed together, no fee until we win your case. We are confident that after talking with our team, you will understand why DKOW is trusted by so many people in Utah.

To submit your information to a Utah catastrophic injury and wrongful death attorney, call us at 800-404-8520 or visit contact us online to send us a message. We are here to provide guidance, support, and aggressive representation so that you can focus on healing. Choosing the right lawyer is critical. Let us show you what makes DKOW the right choice for you and your family in this difficult time.