(435) 673-8400

law-questions

FAQ

We are happy to help you with any question you have about your case, and since we realize every case is special, and may need special answers, you are welcome to contact us for a free consultation. Please click on any question below to see the answer to the question.

Personal Injury Cases

 

1. Who pays for my vehicle?

The insurance company for the driver at fault.

2. Can I get a rental car?

Yes, if the other driver is at fault.

3. Who pays for my wage loss?

Your own auto insurance will pay some of your wage loss through your personal injury protection (PIP) coverage. The balance will be sought from the driver at fault’s insurer.

4. Who pays for the ambulance and my initial medical bills?

Your own auto insurance personal injury protection (PIP) coverage will pay your initial medical bills up to the limits you purchased, which are most commonly at least $3,000.

5. The insurance company offered me a settlement. Do I really need a lawyer?

Yes, you need a lawyer. Statistics show that the amount of compensation in an injured person’s pocket is greater when they are represented by an experienced attorney –- even after the attorney fee is deducted from the settlement.

6. How much is my case worth?

The value of an injured party’s claim is evaluated based upon several factors, including fault, damages and causation. Call WITT LAW OFFICES today for a free consultation and we can give you an initial evaluation of your case.

7. What are your fees?

Our fees are 1/3 of the settlement of verdict, plus costs.

 

Criminal Defense Cases

 

1. Do I need an attorney?

Yes. I wouldn’t want my own kids or family member to risk it without an attorney so I wouldn’t suggest it to anyone else. Given what is at stake, except perhaps for minor speeding tickets, no one should attempt to represent themselves in criminal court. The prosecutor may offer you a take it or leave deal and threaten trial as your only other choice. You can almost always achieve a better result with competent legal representation to properly defend your case. We have a number of people hire us who wish they had hired an attorney on a previous charge and learned the hard way.

2. What is the difference between using the public defender and a private defense attorney?

You may qualify financially to be represented by the public defender’s office. However, they have a very heavy caseload and may not be able to give your case the same amount of attention as a private criminal defense attorney. We can work with you by accepting installment payments.

3. How much will it cost?

We handle most misdemeanor cases starting at a flat fee of $2,500 and felony cases for $3,500, excluding trial.

4. Can I get my record expunged?

Our first goal is always to seek to have some of all of the charges dismissed by skilled application of the law to the facts. The record of dismissed charges and many convictions are eligible for expungement.

 

Family Law Cases

 

1. Can’t I just do my divorce online?

Yes, if your spouse is willing you can accomplish a do-it-yourself divorce online. The problem with that is you may reach an agreement you later regret after living with it for a while, and divorce decrees are difficult to modify. It is better to get it right the first time, and save yourself time, money and headache in the long run.

2. Can I get sole custody of my kids?

Under certain circumstances, yes. There are many variations possible. However, the most common custody arrangement is joint legal custody primary physical custody being with one parent and parent-time (visitation) for the other parent.

3. How much am I going to have to pay in child support?

The amount of child support is governed by statutory guidelines and a calculator, which is based upon the combining the gross monthly income of the parents and applying it to the number of minor children the two parents have between them.

4. What if one spouse doesn’t work?

Unless legally disabled, the unemployed spouse will be attributed the federal minimum wage as his or her gross monthly income

5. What about alimony?

Alimony is not automatically awarded. It is allowed under Utah law under certain circumstances to balance out the standard of living between the two parents upon divorce. Alimony may be awarded for up to the length of the marriage.?

6. How much will it cost?

Depending upon the issues to be resolved and the willingness of the parties to resolve them, an uncontested divorce can be accomplished for as little as $750 plus the court filing fee. The average fee of a contested divorce is about $2,500.

 

Wills, Trust & Probate

 

1. What is the difference between a will and a living will?

A will directs how your assets are to be distributed upon your death. A living will is a directive to physicians to remove you from life support if you are terminal; but you are still administered water, some food and pain medication.

2. What is the difference between a will and trust?

A will must be probated by the court and requires attorney involvement. The estate is also taxed. With a trust no probate is necessary, attorneys may not be needed in simple cases, and the estate is generally not taxed.

3. What is the difference between a will and a way?

Success. And I am just checking whether you are reading this.

 

Business Formation

 

1. Can’t I just file my articles online with the state?

Yes; but there is more involved than just filing your articles with the state in order to properly set up an LLC or S-Corp. The value of hiring an attorney is to make sure it is done correctly and completely, and that your business stays properly protected.

2. Is it expensive?

No. We can usually complete the whole process for a flat fee of $500, plus the state filing fee.

 

Landlord/Tenant & Real Estate Cases

 

1. I have a tenant who is not paying rent. Can you help me with that?

Yes, and for a reasonable fee.

2. I have rental properties. Can you draft a rental or lease agreement for me?

Yes. We provide this service all the time.

3. I would like to sell my home on a For Sale By Owner basis. Can you help?

Absolutely. If you believe you can find a buyer without the help of a realtor, then we can save you many thousands of dollars in realtor commissions. We can prepare all the necessary documents and guide you through the process. We will still use a title company for closing.