Utah Personal Injury Law: A Comprehensive Guide

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Last reviewed .
Personal injury law exists to make someone whole after another person’s carelessness has cost them their health, their income, or their independence. Utah’s version of that law has features you will not find in most states: a no-fault insurance system that decides whether you can sue at all, a comparative fault rule that cuts off recovery earlier than people expect, and several categories of claim that require formal steps long before a lawsuit is filed.
This guide covers the types of personal injury cases Utah recognizes, the legal rules that decide them, the deadlines that end them, and what the claim process actually looks like from the first phone call to a verdict. Citations to the Utah Code are included throughout so you can read the law yourself.
Utah Is a No-Fault Car Insurance State
If your injury came out of a car crash, this is the first thing to understand, because it governs what happens before anyone argues about who caused the collision. Every Utah auto policy carries personal injury protection, usually called PIP, and PIP pays your early expenses regardless of fault.
For county-by-county crash and death figures, causes, and year-by-year trends, see our Utah car accident statistics page.
Under Utah Code 31A-22-307, the required PIP benefits include:
- At least $3,000 in medical expenses.
- Lost wages at the lesser of $250 per week or 85% of your gross pay, for up to 52 weeks. There is a three day waiting period, which does not apply if your disability lasts longer than two weeks.
- Up to $20 per day for household services you can no longer perform yourself, for up to 365 days.
- $1,500 in funeral expenses.
- A $3,000 death benefit.
PIP is meant to get bills paid quickly. It is not meant to compensate you for what the injury actually did to your life, and it pays nothing for pain and suffering.
When You Can Step Outside No-Fault and Sue
To bring a claim against the at-fault driver for pain and suffering, your injury has to clear what is known as the tort threshold. Under Utah Code 31A-22-309(1)(a), you may bring that claim if any one of the following applies:
- Death.
- Dismemberment.
- Permanent disability or permanent impairment based on objective findings.
- Permanent disfigurement.
- A bone fracture.
- Medical expenses exceeding $3,000.
Two of these deserve emphasis. A single broken bone clears the threshold on its own, with no dollar figure attached, so a fracture that was treated cheaply still opens the door to a full claim. And the $3,000 medical expense figure is reached faster than most people assume once imaging and specialist visits are counted.
One point trips people up constantly: the threshold restricts general damages, meaning pain and suffering. It does not erase your claim. Economic losses beyond what PIP covers, such as medical bills above your PIP limit, continuing wage loss, and vehicle damage, remain recoverable from the at-fault driver whether or not you clear the threshold.
The threshold also has a limit of its own. Under 31A-22-309(1)(b), it does not apply to uninsured motorist claims. If you are pursuing your own UM coverage because the other driver had none, you do not have to clear the threshold first.
Types of Personal Injury Cases in Utah
Utah law allows victims of negligence to be compensated for injuries sustained in many different kinds of accidents. The most common include:
Car Accidents
Car accidents are the most common source of personal injury claims in Utah. Speeding, distracted driving, following too closely, failing to yield, and driving under the influence are the recurring causes. Injuries range from soft tissue damage to broken bones, traumatic brain injury, and spinal cord injury. Because Utah is a no-fault state, these claims run through PIP first and through the tort threshold described above before reaching the at-fault driver.
Truck Accidents
Truck accidents often cause catastrophic injuries because of the size and weight difference involved. Driver fatigue, inadequate training, improper maintenance, overloaded trailers, and reckless driving are frequent causes. Liability commonly extends past the driver to the trucking company, the maintenance contractor, the freight loader, or the manufacturer of a failed component. Federal rules on driver hours and carrier insurance apply alongside Utah law, which makes these cases materially more complex than an ordinary car crash.
Motorcycle Accidents
Motorcyclists have almost no physical protection in a collision, so injuries tend to be severe even at low speeds. These crashes are commonly caused by drivers who turn across a motorcycle’s path or change lanes into one, and also by road hazards and defective parts. Injured riders may seek compensation from the at-fault party for the full range of their losses.
Pedestrian and Bicycle Accidents
Drivers must yield to a pedestrian in a crosswalk, must come to a complete stop at a school crosswalk, and may not overtake a vehicle that has stopped at a crosswalk (Utah Code 41-6a-1002). Separately, 41-6a-1006 requires every driver to exercise due care to avoid a pedestrian, and that duty applies even where another provision would otherwise excuse the driver. A pedestrian outside a crosswalk is therefore not automatically without a claim.
Slip and Fall Accidents
These happen on private and public property because of dangerous conditions such as wet floors, uneven surfaces, accumulated ice, or poor lighting. Property owners owe visitors a duty to take reasonable precautions against foreseeable harm. The central questions in most of these cases are whether the owner knew or should have known about the hazard, and how long it had been there.
Dog Bites
Utah imposes strict liability on dog owners. The owner is responsible for injuries the dog causes whether or not the dog had ever shown aggression before and whether or not the owner was careless, which distinguishes Utah from states that effectively give an owner one free bite.
Medical Malpractice
Medical malpractice occurs when a health care provider’s negligence injures a patient. Misdiagnosis, surgical error, medication error, and birth injury are common examples. Proving these claims requires showing that the provider fell below the accepted standard of care and that the failure caused the harm. Utah also imposes pre-suit requirements on these claims that do not exist for ordinary negligence, which are set out later in this guide.
Product Liability
Product liability claims involve injuries caused by defective or unreasonably dangerous products, whether the defect is in the design, the manufacturing, or the warnings. Anyone in the chain of creation, production, or distribution may be liable. Under Utah Code 78B-6-703, the defect must have existed at the time of sale, and compliance with a governing government standard creates a rebuttable presumption in the seller’s favor. Under 78B-6-705, alteration or misuse of the product after sale is treated as fault.
Workplace Accidents
Most Utah employees are covered by workers compensation, which pays medical expenses and a portion of lost wages without any need to prove fault. In exchange, it is generally the only remedy available against the employer. Where someone other than the employer contributed to the injury, a separate claim against that party may still be available. The deadlines and mechanics are covered below.
Wrongful Death
A wrongful death claim arises when negligence causes a fatal injury. The surviving spouse, children, or other eligible family members may seek compensation for both economic and non-economic losses. Utah treats these claims differently from other injury claims in one important respect: the state constitution forbids statutory caps on damages for injuries resulting in death, which is discussed under damage caps below.
The Legal Rules That Decide a Utah Injury Case
Negligence
Nearly every personal injury claim is an allegation of negligence. To prove it, the injured party must establish four elements:
- The at-fault party owed them a duty of care.
- The at-fault party breached that duty.
- The breach caused the injury.
- The injured party suffered actual damages as a result.
All four are required. A driver who behaves carelessly but injures no one owes nothing, and an injury with no careless act behind it is not a claim.
Comparative Fault
Utah applies modified comparative fault under Utah Code 78B-5-818. Your damages are reduced by your own share of the fault, and past a certain point you recover nothing at all.
The statute states the test in terms of a comparison rather than a percentage. Under 78B-5-818(2), you may recover only where the fault of the defendants, combined with any fault allocated to persons immune from suit and to nonparties, exceeds your own. In practice that means your own share has to come in under 50%, and an even split recovers nothing: at 50/50 the fault on the other side does not exceed yours, so the claim is barred rather than halved.
Worked through with numbers, on $100,000 in damages:
- You are 20% at fault. You recover $80,000.
- You are 49% at fault. You recover $51,000.
- You are 50% at fault. You recover nothing.
This is why the percentage assigned to you is worth fighting over even when liability looks obvious. A few points of movement near the midpoint is the difference between a substantial recovery and none.
One detail in the statute works in an injured person’s favor. The comparison is not limited to the defendants actually before the court. Fault allocated to people who are immune from suit, and to nonparties, counts on their side of the ledger under 78B-5-818(2) and (4). Where responsibility is spread across several actors and only one of them can be sued, that allocation can be what keeps a claim alive.
Utah also applies several liability under 78B-5-818(3). When multiple defendants share fault, each one pays only its own percentage. You cannot collect the entire judgment from whichever defendant is easiest to collect from, which makes identifying every responsible party early a practical necessity rather than a formality.
Caps on Damages
Utah does not cap damages in ordinary injury cases. Car accidents, slip and falls, dog bites, and product liability claims have no statutory ceiling on what a jury may award.
Medical malpractice is the exception. Under Utah Code 78B-3-410, noneconomic damages, meaning pain, suffering, and inconvenience, are capped at $450,000 for causes of action arising on or after May 15, 2010. The section was last amended effective May 7, 2025. The cap does not touch economic damages such as medical bills and lost earnings, and under subsection (4) it does not apply to punitive damages.
The cap also does not survive in a death case. In Smith v. United States, 2015 UT 68, the Utah Supreme Court held that applying the noneconomic cap to a wrongful death claim violates Article XVI, Section 5 of the Utah Constitution, which prohibits statutory limits on the amount recoverable for injuries resulting in death. A malpractice claim brought by an injured patient is capped. The same claim brought by a family after that patient dies is not.
Punitive damages run on separate rules under Utah Code 78B-8-201. They require clear and convincing evidence of willful and malicious conduct, intentional fraud, or knowing and reckless indifference to the rights of others, and they are available only where compensatory damages have also been awarded. That heightened standard has a significant exception: under 78B-8-201(1)(b)(i), claims arising from driving while intoxicated are exempt from it, so a drunk driving victim does not carry the same evidentiary burden to reach punitive damages.
When punitive damages are awarded, the first $50,000 goes to the injured party and anything above that is divided evenly between the injured party and the state (78B-8-201(3)(a)). For amounts received after May 11, 2025, the state’s share is deposited into the Victim Services Restricted Fund rather than the General Fund.
Filing Deadlines in Utah Injury Cases
A statute of limitations is the deadline for filing suit. Miss it and the claim is over regardless of how badly you were hurt or how clearly the other party was at fault. Utah’s deadlines vary sharply by the type of claim, and several of them are far shorter than the general four year rule people tend to assume applies to everything.
| Type of claim | Deadline | Utah Code |
|---|---|---|
| Personal injury (car, truck, motorcycle, slip and fall, dog bite) | 4 years from the injury | 78B-2-307(4) |
| Vehicle property damage, including a car and bicycle collision | 4 years | 78B-2-307(3), 78B-2-305(1)(c)(ii) |
| Wrongful death | 2 years from the death | 78B-2-304(3) |
| Medical malpractice | 2 years from discovery, and never more than 4 years from the act | 78B-3-404 |
| Product liability | 2 years from discovery of both the harm and its cause | 78B-6-706 |
| Claim against a city, county, UDOT, UTA, or the state | Written notice of claim within 1 year, then suit within 2 years of when the claim arose | 63G-7-402, 63G-7-403 |
| Workplace injury (workers compensation) | Notice within 180 days of the injury, then an application for hearing within 6 years of the accident | 34A-2-407(3), 34A-2-417(2)(a) |
| Injured minors | The clock generally does not start until the child turns 18. Medical malpractice is an exception with no minority tolling. | 78B-2-108, 78B-3-404 |
A note on that four year period: Utah has no limitation statute aimed specifically at personal injury. The four years comes from 78B-2-307(4), the residual provision covering relief not otherwise provided for by law, which is precisely why the more specific deadlines above displace it wherever they apply.
The 2026 Rewrite of the Property Damage Statute
The statute behind one of these deadlines was rewritten recently, and a great deal of published guidance has not caught up. Section 78B-2-305 was repealed and re-enacted by the 2026 Legislature, effective March 23, 2026. Property damage claims generally still run on a three year deadline, but the rewritten section now states expressly at 78B-2-305(1)(c)(ii) that damage to personal property from an accident involving a motor vehicle, including a collision between a motor vehicle and a bicycle, may be brought within four years under 78B-2-307(3).
Older guides, including many still online, list vehicle property damage as a three year claim. For a motor vehicle accident that is the wrong deadline, and relying on it would cost someone a year of time they actually had.
Exceptions That Pause the Clock
Several circumstances toll, meaning pause, a limitation period:
- Minors. Under 78B-2-108, the period generally does not begin running until the injured child turns 18. Medical malpractice is carved out: 78B-3-404 contains no minority tolling, so a child’s malpractice claim can expire while the child is still a child.
- Discovery. Malpractice and product liability claims run from when the harm and its cause were discovered or reasonably should have been, not from the date of the underlying act.
- Fraudulent concealment. Where a provider conceals the injury, 78B-3-404 allows an additional year from discovery.
- Foreign objects. An object left in the body carries its own one year period from discovery under 78B-3-404.
- Legal disability. A period may be tolled while the injured person is legally incapacitated.
- Prelitigation review. In malpractice cases, requesting the required panel tolls the limitation period while the panel process runs (78B-3-416).
None of these should be relied on without advice. Whether an exception applies is a fact question, and being wrong about it is unrecoverable.
Claims That Require Steps Before You Can File
Three categories of Utah claim cannot simply be filed in district court when you are ready. Each carries its own mandatory procedure, and in each case the procedural deadline arrives well before the statute of limitations does. These requirements end more claims in Utah than the limitation periods do.
Medical Malpractice
Before filing suit you must serve the provider with a notice of intent to commence action at least 90 days in advance (Utah Code 78B-3-412), accompanied by a certificate of compliance under 78B-3-418. Dental claims are a narrow exception to the certificate requirement.
You must also request a prelitigation review panel within 60 days (78B-3-416). The panel is a compulsory condition precedent, which means the lawsuit cannot proceed without it. Requesting it tolls the limitation period while the process runs.
If the panel does not find the claim meritorious, that is not the end. Under 78B-3-423 you may file an affidavit of merit from a qualified health care provider. The affidavit is an election available to the claimant, not an automatic gate that an unfavorable panel finding closes.
Claims Against a Government Entity
If a city, county, school district, UDOT, UTA, or the state is responsible for your injury, the Governmental Immunity Act controls. Under Utah Code 63G-7-402 you must file a written notice of claim within one year after the claim arises. That one year notice is the deadline that destroys these claims, and it arrives three years before the ordinary injury deadline would.
The entity then has 60 days to acknowledge the notice in writing, and you may not file suit until those 60 days have passed (63G-7-403(1) and (2)(a)(ii)). The lawsuit itself must be commenced within two years after the claim arose (63G-7-403(2)(b)).
That last point is worth stating plainly, because the older version of this rule is still widely repeated. The deadline is two years from when the claim arose. It is not one year from the date the entity denied the claim.
Claims against government entities are also capped, and the figure most often quoted for those caps is badly out of date. Utah Code 63G-7-604 still reads $583,900 for one person, because that is the 2019 baseline written into the statute. Subsection (3) then directs that the limits be adjusted under 63G-7-605, and the operative numbers live in administrative rule R37-4, not in the code.
The current limits, published by the Utah Division of Risk Management and effective for incidents occurring on or after July 1, 2026, are:
- $963,800 for personal injury to one person in any one occurrence.
- $3,879,500 in the aggregate for two or more people in a single occurrence.
- $387,700 for property damage in any one occurrence.
Two things about these limits are worth understanding. First, they are adjusted every even-numbered year, with the new figures taking effect July 1 (63G-7-605(4)(a)). Second, and more important in practice, the cap that applies to your case is fixed by the date of the occurrence, not the date you file or settle (63G-7-605(4)(c), and the dated schedule in R37-4-3). An injury from 2023 is governed by the limit in force then, which was $827,000, not by today’s figure.
Because the statutory text has not been rewritten to match, sources that quote the code alone report $583,900. For an incident today that understates the ceiling by $379,900.
Workplace Injuries
Workers compensation is the exclusive remedy against your employer for most on the job injuries (Utah Code 34A-2-105), which means you generally cannot sue the employer in tort no matter how careless it was.
Notice is the requirement that catches injured workers. Under 34A-2-407(3), a claim is barred unless the employee gives notice of the injury, either to the employer or to the Division, within 180 days after the day the injury occurs. That is roughly six months, against four years for an ordinary injury claim.
Giving notice is not the end of it. Under 34A-2-417(2)(a), a claim for temporary or permanent disability benefits is barred unless the employee files an application for hearing with the Division of Adjudication within six years of the accident, and is able to meet the burden of proof within twelve years. Medical expenses run on their own clock: under 34A-2-417(1)(a) they must be submitted within one year of being incurred, or of when the employee should have known they were related to the industrial accident.
Exclusive remedy stops at the employer’s door. Where someone other than your employer or a co-worker caused the injury, such as a subcontractor, a driver who hit your work vehicle, or the manufacturer of a defective machine, 34A-2-106(1) preserves a third party action against them. These claims are frequently worth far more than the compensation benefits, because they reach pain and suffering, which workers compensation does not pay.
If you bring a third party action, 34A-2-106(3)(a) requires written notice of your intention to the workers compensation carrier. The carrier becomes a trustee of the amount recovered under subsection (2), and disbursement follows subsection (5).
The Personal Injury Claim Process in Utah
Most claims follow the same path, though the large majority resolve long before the later stages. Here is what each step involves.
1. Free Consultation
The process starts with an initial consultation, which nearly all Utah personal injury attorneys offer at no charge and with no obligation. You will discuss what happened and share whatever evidence you have: photographs, video, medical records, the police report, and contact details for witnesses. The attorney is assessing whether there is a viable claim, who the responsible parties are, and whether the available insurance is adequate. Experience with cases like yours matters here, because the strategy for a trucking case and the strategy for a malpractice case have very little in common.
2. Investigation and Evidence Gathering
Once retained, your attorney begins building the file: medical records and bills, the police report, witness statements, photographs of the scene and the vehicles, employment records establishing lost income, and any surveillance or dashcam footage before it is overwritten. In more serious cases this extends to retained experts such as accident reconstructionists, treating physicians, life care planners, and economists. Evidence degrades quickly, which is the practical reason to start early rather than wait to see how recovery goes.
3. Medical Treatment and Reaching Maximum Improvement
Settlement usually waits until your condition has stabilized, a point clinicians call maximum medical improvement. Until then, nobody can value the claim accurately, because the cost of future care and the extent of any permanent impairment are unknown. Settling before that point means accepting a number based on an incomplete picture, and a settlement cannot be reopened when the picture turns out to be worse.
4. Demand Letter
With the evidence assembled, your attorney sends a demand letter to the at-fault party or its insurer setting out the facts, liability, the injuries and treatment, the documented losses, and the compensation sought. This opens formal negotiations and frames the case for the adjuster who will evaluate it.
5. Settlement Negotiation
Negotiation typically runs through several rounds of offers and counteroffers. Insurers generally open low, and the gap closes as the strength of the documentation becomes apparent. Most Utah injury claims resolve at this stage without a lawsuit ever being filed.
6. Filing a Lawsuit
If the insurer disputes liability or will not offer fair value, the next step is filing suit. This has to happen within the applicable statute of limitations, and for malpractice, government, and workers compensation claims the pre-suit requirements described above must already have been satisfied. Filing does not end negotiation; many cases settle after suit is filed and before trial.
7. Discovery
Both sides then exchange evidence and information through written questions, document requests, and depositions of the parties, witnesses, and experts. Discovery is the longest phase of most lawsuits and frequently the decisive one, because it is where each side learns how the other’s case will actually hold up.
8. Mediation
Before trial, the parties usually attempt mediation, in which a neutral mediator works with both sides toward a resolution. The mediator does not decide anything and has no authority to impose an outcome. Mediation resolves a substantial share of cases that survive discovery.
9. Trial
If no settlement is reached, the case is tried. Your attorney presents the evidence to a judge or jury, which decides whether the defendant is liable, what the damages are, and how fault is allocated among the parties. That allocation matters directly under the comparative fault rules described earlier.
10. Appeals
Either side may appeal, and in Utah the notice of appeal is generally due within 30 days of the final judgment. Most personal injury appeals go to the Utah Court of Appeals, which reviews whether the trial court applied the law correctly rather than retrying the facts. An appeal can add a year or more to a case, which is one reason the large majority of Utah injury claims settle rather than being litigated to judgment.
Damages Available in Utah Personal Injury Cases
Utah recognizes three categories of damages.
- Economic damages are losses with a calculable dollar value: medical expenses incurred and reasonably expected in future, lost wages, lost earning capacity, property damage, and out of pocket costs tied to the injury.
- Non-economic damages are real losses without a receipt attached: pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. These are uncapped in Utah except in medical malpractice.
- Punitive damages punish rather than compensate, and are reserved for willful, malicious, or recklessly indifferent conduct under the standard in 78B-8-201 discussed above. They are uncommon, and they are unavailable unless compensatory damages are also awarded.
What Affects the Amount Recovered
- Fault allocation. Your recovery is reduced by your percentage of fault and eliminated entirely once the defendant’s share no longer exceeds yours.
- Available insurance. This is the practical ceiling in most cases. A catastrophically injured claimant and a minimum policy produce a recovery limited by the policy, not the injury. It is the reason to carry meaningful uninsured and underinsured motorist coverage on your own policy, which responds when the at-fault driver has little or nothing.
- Severity and permanence. Injuries requiring ongoing care, causing permanent impairment, or preventing a return to the same work support substantially larger claims.
- Documentation. Gaps in treatment, undocumented complaints, and missing wage records are all used to argue an injury was minor, whatever the truth is.
Protecting Your Claim
- Get medical attention right away. Some serious injuries, including brain injuries and internal damage, present mildly at first. A delay in treatment also gives the insurer its most effective argument, which is that you cannot have been badly hurt if you waited.
- Follow the treatment plan. Missed appointments and abandoned therapy are read as evidence of recovery.
- Document everything. Photograph the scene, the vehicles, and your visible injuries. Collect witness contact details. Keep every bill, receipt, and record of missed work.
- Be careful on social media. Insurers and defense attorneys review it routinely, and an ordinary photograph of you at a family event is easily presented as proof you are fine.
- Be cautious with recorded statements. You are not required to give the other driver’s insurer a recorded statement, and these are taken to find inconsistencies rather than facts.
- Watch the short deadlines. If a government entity or an employer is involved, your real deadline may be 180 days or one year rather than four.
Working With a Utah Personal Injury Lawyer
An attorney’s practical value in these cases is in investigating and preserving evidence, identifying every liable party and every applicable policy, dealing with insurers who negotiate professionally for a living, meeting the procedural requirements that end claims prematurely, and trying the case if it cannot be resolved. Retaining counsel matters most where injuries are severe, permanent, or contested, where multiple parties may share fault, or where the claim is against a government entity or a health care provider and the pre-suit rules apply.
How to Choose One
- Relevant experience. Ask specifically about cases like yours, not personal injury generally.
- Willingness to try the case. Insurers know which firms file suit and which always settle, and it affects what they offer.
- Communication. Ask who will actually handle your file day to day and how often you will hear from them.
- Fees. Most Utah personal injury attorneys work on contingency, meaning they are paid only out of a recovery. Ask for the percentage, whether it changes if suit is filed, and how case costs are handled if the claim does not succeed.
- Reputation. Check standing with the Utah State Bar and read client reviews.
Frequently Asked Questions About Utah Personal Injury Law
Is Utah a no-fault state for car accidents?
Yes. Utah is one of a minority of states with a no-fault auto insurance system. Your own personal injury protection coverage pays your initial medical expenses and part of your lost income regardless of who caused the crash. To sue the at-fault driver for pain and suffering you must first clear the tort threshold in 31A-22-309(1)(a).
Is PIP mandatory in Utah?
Yes. Every Utah auto liability policy must include personal injury protection, with at least $3,000 in medical benefits (31A-22-307). PIP also covers lost wages at the lesser of $250 per week or 85% of gross pay for up to 52 weeks, up to $20 per day in household services for up to 365 days, $1,500 in funeral expenses, and a $3,000 death benefit.
How long do I have to sue for personal injury in Utah?
Four years from the date of injury for most personal injury claims, under 78B-2-307(4). Several important claims are much shorter: two years for wrongful death and product liability, two years from discovery for medical malpractice with a four year outer limit, one year to serve notice on a government entity, and 180 days to notify an employer of a workplace injury.
Can you sue for pain and suffering in Utah?
Yes, but in a car accident case only if your injury clears the no-fault tort threshold. Under 31A-22-309(1)(a) that means death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. A single broken bone qualifies on its own. Outside of motor vehicle claims, such as a slip and fall or a dog bite, no threshold applies.
What happens if I was partly at fault for the accident?
Your recovery is reduced by your percentage of fault, and it disappears entirely at an even split. Utah requires under 78B-5-818(2) that the fault on the other side exceed your own, so at 20% fault you recover 80% of your damages, at 49% you recover 51%, and at 50% you recover nothing.
Is there a cap on personal injury damages in Utah?
Not for ordinary injury claims. Car accidents, slip and falls, dog bites, and product liability cases have no statutory ceiling. Medical malpractice is capped at $450,000 in noneconomic damages under 78B-3-410, though the Utah Supreme Court held in Smith v. United States, 2015 UT 68, that the cap cannot be applied to a wrongful death claim. Claims against government entities have separate caps.
How much can I recover if a city or the state caused my injury?
For incidents occurring on or after July 1, 2026, the limit is $963,800 for one person, $3,879,500 in the aggregate for a single occurrence, and $387,700 for property damage. These figures come from administrative rule R37-4, not from the text of 63G-7-604, which still shows an older baseline of $583,900. The cap that applies is set by the date of the incident, so an older injury is governed by the lower limit in force at the time.
Can I handle a small claim myself in small claims court?
Small claims court handles disputes up to $20,000 through the end of 2029, rising to $25,000 on January 1, 2030 (78A-8-102). It is a reasonable venue for straightforward vehicle property damage. It is a poor fit for an injury claim of any complexity, because the limit is well below the value of most injury cases and a judgment there resolves the whole claim.
Every case turns on its own facts, and nothing in this guide is legal advice about yours. If you have been injured in Utah, the most useful next step is a conversation with a personal injury attorney while the evidence is fresh and every deadline is still open. Contact Moxie Law Group for a free consultation.
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