Utah Personal Injury - New Disclosure Requirements

In November 2011, the Utah Legislature placed new disclosure requirements on parties in civil actions, and specifically personal injury actions.  Nearly all of the evidence that a Plaintiff plans to use as evidence in their case must be disclosed to the Defendant shortly after the filing of the Complaint.  Specifically, the evidence has to be provided to the Defendant 14 days after the Defendant files his Answer with the Court (which typically comes within 20 days of the filing of the Complaint).  Prior to these new disclosure requirements, most of a Plaintiff's evidence wouldn't be disclosed or produced for months after the filing of the original Complaint so Plaintiffs had time collect their evidence throughout the litigation process.  What this means now is that Plaintiffs need to have all of the evidence supporting their claims at the time they file their Complaint.  Failure to disclose the evidence in a timely fashion could result in their exclusion at trial.  As a result, if you are contemplating a personal injury action, it is important for you to collect and retain the following documentation:

1. The name, address and telephone number of any witnesses or individuals with knowledge of facts,                   claims or defenses that you intend to assert at trial.
2. The names of any witnesses you intend to call at trial.
3. A computation of the damages you contend were sustained.
4. A copy of any document under which any person may be liable to satisfy part or all of a judgment or to indemnify or reimburse for payments made to satisfy a judgment.
5. A list of all health care providers who have treated or examined you for the injury at issue (this must include the name, address, date of treatment, and a general description of the treatment).
6. A list of any and all health care providers that that may have treated or examined you for any reason in the 5 years prior to the event giving rise to your claim (including the name, address, date of treatment and a general description of the treatment).
7. If you are claiming lost wages, a description of all disability or income-replacement benefits received (this must include the amounts received, payor's name and address and duration of benefits).
8.  If you are claiming lost wages, a list of your employers for the 5 years proceeding the date of the event giving rise to your claim.
9. Copies of all bills, statements, or receipts for medical care, prescriptions, or other out-of-pocket expenses incurred as a result of the event giving rise to the claim.
10. Copies of any investigative reports prepared by any public official or agency in your possession.
11. Any and all written or recorded statements of individuals relative to the events giving rise to your claim.

Failing to disclose any of this information could severely jeopardize your likelihood for recovery.  As a result, it's important to compile all of the information you have relative to your claim and consult an attorney so that you pursue your claim in the most effective manner possible and maximize your potential for recovery.  Other disclosure, such as expert witness information, is also required later in the litigation.  Those issues, and other issues of privileged and/or confidential information should be discussed with an attorney.  If you have a personal injury action and have questions about these requirements, please give us a call so that we can assist you through this process.