Personal Injury Dustin Gibb February 5, 2024

Personal Injury Lawyer in Kaysville and Clearfield

After an injury, the phone starts ringing with adjusters, medical offices, and your employer, usually while you're still trying to get through the day. Dustin Gibb helps injured people and their families sort out who pays for what, so they can focus on getting better.

Kaysville, Clearfield (by appointment), or virtual  ·  (801) 725-6035

Gibb Law Firm handles car accident, slip and fall, dog bite, and medical malpractice cases in Utah, from offices in Kaysville and Clearfield. Injury cases are taken on a contingency fee, and the first consultation is free. Utah has unusual injury rules, including no-fault auto insurance, strict liability for dog bites, and a required pre-lawsuit review for medical malpractice, and each one affects how a claim works.

Your health comes before the claim

The first thing Dustin tells most injury clients isn’t about insurance. It’s this: get the medical care you need, and follow through with it. People who skip appointments to get back to work, or who push through pain because they don’t want to make a fuss, often end up worse off, both physically and in how their claim is treated.

A claim can wait a few days while you get treatment. Your recovery shouldn’t wait on a claim. When an injury makes it hard to come to the office, Dustin is open to meeting at the hospital or at home in appropriate cases.

Injury cases we handle

Car accidents

Utah’s no-fault system means your own insurance pays first. When and how you can pursue the other driver depends on your injuries.

Slip and fall

The key question is whether the property owner knew, or should have known, about the hazard. Winter ice and falls on public property have their own complications.

Dog bites

Utah holds dog owners responsible even for a first bite, and payment usually comes from homeowners or renters insurance.

Medical malpractice

Utah requires notice and a review panel before a lawsuit can be filed, and the deadlines are short.

Where the money comes from in a Utah injury case

Most injury claims are paid by insurance, not by the person who caused the harm. Knowing which policy applies is often the first real step in a case.

Car accident

Who usually pays first
Your own PIP coverage, regardless of fault

What else may apply
The at-fault driver’s liability coverage once the injury meets Utah’s threshold; your uninsured or underinsured motorist coverage

Slip and fall

Who usually pays first
The property owner’s liability insurance

What else may apply
Claims against a city or other government entity follow special notice rules

Dog bite

Who usually pays first
The owner’s homeowners or renters insurance

What else may apply
Sometimes a landlord or another person who was keeping the dog

Medical malpractice

Who usually pays first
The provider’s malpractice insurance

What else may apply
Hospitals or clinics, depending on who was involved

Your health insurance may also pay bills along the way, and it may expect to be repaid from any recovery. That affects what you actually take home, so we go over it early.

Utah injury deadlines

Generally 2 years from discovery, and no more than 4 years from the error, with limited exceptions

These are general rules. Exceptions can shorten or extend them, so check your specific deadline early.

What if you were partly at fault?

Utah uses modified comparative fault. If you were partly responsible, your recovery is reduced by your share. For example, 20% at fault means 20% less. If you’re found 50% or more at fault, you recover nothing. Insurance companies know this rule well, which is why fault gets argued even in cases that look clear.

What insurance companies commonly do after an injury

Most adjusters are professional and polite. Their job is still to pay as little as the facts allow. Things our clients are often surprised by:

A quick call asking for a recorded statement, often before you know how badly you’re hurt.

An early offer that arrives before your treatment is finished.

A broad medical authorization that opens your entire medical history, not just this injury.

Arguments about “gaps in treatment” or pre-existing conditions.

Attention to your social media, where one photo can be used to argue you weren’t really hurt.

How fees work

We take injury cases on a contingency fee. We explain the fee arrangement and how case costs are handled, in writing, at your free consultation, before you decide anything.

Experience and results

  • Licensed in Utah since 2010
  • Former law clerk, Utah State Courts
  • Member, Davis County Bar Association and Utah State Bar Litigation Section
  • Trial experience, including Junkins v. Boshard Electric, Inc. and Smarte Carte, Inc., which settled near the end of a multi-day trial
  • Avvo Client’s Choice (2019)

“Dustin is precise and ethical and diligent.”

Clark Fielding, personal injury attorney, Avvo endorsement

Past results don’t guarantee a similar outcome. Every case depends on its own facts.

Who handles your case

Dustin handles your case himself. His paralegal gathers medical records and bills, and his assistant keeps you updated. On some cases, including certain medical malpractice claims, Dustin brings in co-counsel for additional resources. If that happens, you’ll know from the start who is working on your case and why.

Injury questions

Usually that depends on three things: who was responsible, how badly you were hurt, and which insurance applies. A short conversation can often answer all three.

Honestly, no one can say at the start. Value depends on the full extent of your injuries, which often isn’t clear until treatment is well underway, and on the insurance available. Anyone who puts a number on it in the first call is guessing.

Most injury claims settle without a trial. We prepare every case as if it might need one, because that preparation often leads to a better settlement.

Often longer than people expect. Settling before your treatment is finished can mean settling before anyone knows what the injury will cost you.

What to bring to your consultation

  • Photos of the scene, the injury, and any damage
  • The police, incident, or accident report number
  • Insurance information: yours and the other party’s, if you have it
  • Medical records and bills so far
  • Any letters, emails, or offers from an insurance company
  • Pay stubs or a note from your employer about missed work
  • Names and phone numbers of witnesses

Talk with Dustin about your injury

Free consultation  ·  Contingency fee  ·  Kaysville, Clearfield (by appointment), or virtual  ·  Hospital and home visits in appropriate cases  ·  (801) 725-6035

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