Utah Personal Injury Law Resources

Utah is a no-fault auto insurance state with mandatory PIP coverage, a four-year statute of limitations for most personal injury claims, and a modified comparative fault rule with a 50% bar. There are no general caps on compensatory damages in most personal injury cases, but medical malpractice non-economic damages are capped at $450,000. Auto insurance liability minimums are 30/65/25 (increased January 1, 2025).

Statute of Limitations

General Personal Injury FOUR Years

Utah provides a four-year statute of limitations for most personal injury claims under Utah Code § 78B-2-307. This applies to motor vehicle accidents, premises liability, product liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death (Utah Code § 78B-2-304).

Medical malpractice: Two years from the date of discovery of the injury, with a four-year statute of repose from the date of the act (Utah Code § 78B-3-404). Pre-litigation panel review is required before filing suit.

Property damage: Three years.

Intentional torts (assault, battery): One year.

Government Claims Strict Notice Requirements

Claims against Utah governmental entities are governed by the Governmental Immunity Act (Utah Code § 63G-7). A notice of claim must be filed within one year of the incident. After filing, the government has 60 days to approve or deny the claim. If denied, the claimant must file suit within one year of the denial.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity. The discovery rule applies when injuries are not immediately discoverable a 2025 amendment clarified that the statute begins when injuries are "reasonably discoverable."

Modified Comparative Fault 50% Bar

Utah follows a modified comparative fault rule under Utah Code § 78B-5-818. A plaintiff who is 50% or more at fault is completely barred from recovery. If the plaintiff is less than 50% at fault, damages are reduced by their percentage of fault.

Utah applies several liability each defendant pays only their proportionate share of damages based on their percentage of fault.

Damage Caps

No General Caps on Compensatory Damages

Utah imposes no caps on economic or non-economic damages in most personal injury cases, including auto accidents, premises liability, and product liability.

Medical Malpractice Non-Economic Cap

Non-economic damages in medical malpractice cases are capped at $450,000 (Utah Code § 78B-3-410). Economic damages are not capped.

Government Liability Caps

Under the Governmental Immunity Act (Utah Code § 63G-7-605), adjusted biennially:

• $583,900 per person for personal injury (2024 figures)
• $3,000,000 aggregate for all injuries and property damage per occurrence
• Medical malpractice claims against governmental entities are subject to the $450,000 non-economic cap

Punitive Damages

Punitive damages require proof by clear and convincing evidence. There is no statutory cap, but the Utah Supreme Court applies constitutional reasonableness review. Punitive damages are not available against governmental entities.

Auto Insurance Requirements

Utah is a no-fault state with mandatory PIP coverage.

Liability Minimums 30/65/25 (Effective January 1, 2025)

• $30,000 per person for bodily injury (increased from $25,000)
• $65,000 per accident for bodily injury
• $25,000 per accident for property damage

Mandatory PIP Coverage

Under Utah Code § 31A-22-307, all drivers must carry Personal Injury Protection (PIP) with a minimum of $3,000 per person. PIP covers medical expenses, lost wages (lesser of $250/week or 85% of gross income), household services, and funeral expenses regardless of who caused the accident.

No-Fault Threshold When You Can Sue

To step outside no-fault and pursue a liability claim against the at-fault driver (including pain and suffering), the injured person must meet one of these thresholds under Utah Code § 31A-22-309:

• Medical expenses exceeding $3,000, OR
• The injury results in permanent disability, permanent disfigurement, dismemberment, or bone fracture

UM/UIM Coverage

Uninsured/Underinsured Motorist coverage must be offered by insurers but can be rejected in writing.

Where Personal Injury Cases Are Filed

Personal injury lawsuits are filed in District Court (general jurisdiction). Justice Courts handle small claims up to $11,000. Venue is generally proper in the county where the defendant resides or where the incident occurred.

Salt Lake County handles the largest volume of personal injury litigation. Other significant jurisdictions include Utah County, Davis County, Weber County, and Washington County.

Common Types of Personal Injury Cases in Utah

Utah's geography, outdoor recreation culture, winter driving conditions, growing population, and expanding highway system generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-15, I-80, I-84, and mountain roads), commercial truck accidents, motorcycle accidents, pedestrian and bicycle accidents, ski and snowboard injuries (Utah has 15 ski resorts inherent risk statutes limit liability but negligence claims are permitted), premises liability (including slip-and-fall on ice and snow), medical malpractice, product liability, wrongful death, construction accidents (rapid growth along the Wasatch Front), workplace injuries, dog bites (Utah follows a strict liability statute owner liable regardless of prior knowledge under Utah Code § 18-1-1), nursing home abuse, ATV and off-road vehicle accidents, hiking and outdoor recreation injuries (on both public and private land), and injuries at national parks and federal lands (Zion, Bryce Canyon, Arches federal jurisdiction may apply).

This page provides general legal information about Utah personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Utah to discuss the specific facts of your case.