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Utah Personal
Injury Law
The following summary of Utah personal injury laws and theories of
liability will help you understand important aspects of injury claims
in this state.
Utah Statute of Limitations:
ANY Personal Injury: 4 years (unless a city or county employee or
entity caused your fall, in which
case government immunity statutes apply under the
Utah Governmental Immunities Act)
Medical Malpractice: 2 years; If it is occasioned due to insertion of a foreign object,
it is 2 years from discovery of the object
Products Liability: 2 years
Intentional Torts: 1 year
Caps on Personal Injury Awards in Utah:
There are no caps on personal
injury awards in the state of Utah other than those limits
imposed by the insurance policy against which a claim seeks
compensation.
Utah Serious Injury Threshold:
There is an injury threshold in the state of Utah. In order to pursue a
pain and suffering settlement, one of the following must exist:
-Reasonable and necessary medical bills of $3000; or
-Permanent disability or disfigurement.
If you are injured by a party without insurance or with out-of-state
insurance, you do not need to meet these threshold requirements.
Utah is a No
Fault state, meaning that the good driver does not have to
prove fault before requesting that his/her insurance company pays
medical bills, rehabilitation and lost wages.
The exchange is that there is not an automatic right in Utah to pursue
a claim in court unless threshold requirements listed above are met.
Personal Injury Cases & Theories of
Liability in Utah:
Wrongful
Death Cases: When a personal injury occurs and an individual
dies as a result, these cases are handled as wrongful death.
Slip and Fall Accidents: These are injuries that occur when
someone slips, trips or falls and they usually occur in public places
under the premises liability theory.
Auto
Accident Claims: These are injuries or property damages that
occur when, due to one party’s negligence, an auto accident occurs.
Medical
Malpractice Cases: These are injuries that occur
when a medical professional fails to perform medical services to the
degree and skill expected of them.
Products
Liability Lawsuits: Manufacturers and distributors of
products can be held liable if an injury occurs as a result of the
manufacturing or distribution.
Workers'
Compensation Laws: When an injury occurs on the job
or in the workplace, employers are responsible for carrying insurance
to compensate their employees for any injury that occurs.
For More
Information Check out these sites:
Utah Labor Commission - Industrial Accidents
Official
Utah State Website
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Injury Laws
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