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

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

Official Utah State Website