Utah Personal Injury Laws

Utah personal injury law is governed primarily by Title 78B of the Utah Code, which establishes the legal framework for negligence claims, damages, statutes of limitations, comparative fault, and liability rules that determine how injury victims can recover compensation after an accident caused by someone else’s wrongdoing.

Last updated: July 2026

Personal injury law in Utah gives people who have been harmed by someone else’s negligence or intentional conduct a legal path to recover compensation. The rules come from statutes passed by the Utah Legislature and from court decisions interpreting those statutes. Understanding how Utah law structures these claims is essential for anyone who has been injured and is considering legal action.

What many injury victims do not realize is that Utah’s liability framework differs significantly from many other states. The combination of modified comparative fault, several-only liability, and specific damage caps creates a system that requires careful navigation. A claim that would be straightforward in another state may face unique hurdles under Utah law, which makes understanding the specific statutory framework critical from the first day after an injury.

What types of personal injury claims are recognized under Utah law?

Utah law recognizes several broad categories of personal injury claims, each arising from different factual circumstances and legal theories. The most common include motor vehicle accidents, premises liability, medical malpractice, product liability, wrongful death, and intentional torts such as assault or battery.

Motor vehicle accident claims, including car, truck, motorcycle, and bicycle collisions, represent the largest volume of personal injury cases filed in Utah courts. These claims typically rest on a negligence theory, requiring the plaintiff to show that the defendant owed a duty of care, breached that duty, and caused compensable harm. Premises liability claims arise when a property owner fails to maintain safe conditions for visitors, governed by Utah’s premises liability statutes within Title 78B.

Medical malpractice claims in Utah carry additional procedural requirements, including a pre-litigation panel review process and??? affidavit of merit rules. Product liability claims hold manufacturers and sellers responsible for defective products that cause injury. Wrongful death claims, governed by Section 78B-3-101 et seq., allow certain family members to recover damages when negligence causes a death.

What is Title 78B of the Utah Code and why does it matter?

Title 78B of the Utah Code, titled “Judicial Code,” is the primary statutory authority for civil lawsuits in Utah, including personal injury cases. It contains chapters covering civil procedure, damages, limitations of actions, wrongful death, survival of actions, comparative fault, governmental immunity, and other critical legal rules.

Chapter 2 of Title 78B establishes the statutes of limitations, including the four-year limit for personal injury claims under Section 78B-2-308. Chapter 3 covers wrongful death, survival of actions, and medical malpractice. Chapter 4 addresses governmental immunity. Chapter 5 contains the comparative fault statute at Section 78B-5-818 and the joint and several liability provisions at Section 78B-5-820. Chapter 6 deals with damages, including caps on non-economic damages in certain cases.

For anyone pursuing or defending a personal injury claim in Utah, Title 78B is the starting point for understanding the legal rules that will govern the case. Courts rely on these statutes to determine whether a claim is timely filed, how fault is apportioned, what damages are available, and how liability is shared among multiple defendants.

Utah Code Title 78B is the comprehensive statutory framework that governs virtually every aspect of personal injury litigation in Utah, from the moment an injury occurs through trial and appeal.

Utah Code Title 78B – Judicial Code

How does Utah’s comparative fault law affect personal injury claims?

Utah Code Section 78B-5-818 establishes a modified comparative fault system. Under this rule, a plaintiff may recover damages only if their fault is less than 50% of the total fault contributing to the injury. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any compensation.

When a plaintiff’s fault is less than 50%, their recoverable damages are reduced proportionally by their percentage of fault. For example, if a plaintiff is found 20% at fault and the total damages are $100,000, the plaintiff’s recovery is reduced to $80,000. This system directly affects settlement negotiations and trial strategy in every Utah personal injury case.

The comparative fault rule applies to all negligence-based claims, including car accidents, slip and fall cases, and product liability actions. It does not apply to intentional torts or strict liability claims in the same manner. Defendants routinely raise comparative fault as an affirmative defense, arguing that the plaintiff’s own conduct contributed to the injury.

What are the damages available in a Utah personal injury case?

Utah law allows injured plaintiffs to recover both economic and non-economic damages. Economic damages include medical expenses, lost wages, lost earning capacity, and other out-of-pocket costs that have a specific monetary value. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Utah imposes caps on non-economic damages in certain categories of cases. For medical malpractice claims, non-economic damages are capped at $450,000, with limited exceptions for severe injury or death. For other personal injury claims, there is generally no statutory cap on non-economic damages, though courts retain authority to reduce excessive awards.

Punitive damages are available in Utah personal injury cases where the plaintiff proves by clear and convincing evidence that the defendant engaged in conduct that was willful, malicious, or intentionally fraudulent. Utah Code Section 78B-8-201 governs punitive damages and requires a separate proceeding after the compensatory damage phase. Punitive damages cannot exceed $50,000 plus the amount of compensatory damages awarded, with potential increases for specifically enumerated misconduct.

How does Utah’s several-only liability rule work?

Utah Code Section 78B-5-820 abolished joint and several liability and replaced it with a several-only liability system. Under this rule, each defendant is liable only for their allocated percentage of fault, not for the shares of other defendants who may be unable to pay. This represents a significant shift from traditional joint liability.

There is one important exception. If a defendant is found to be 50% or more at fault, that defendant may be jointly and severally liable for economic damages only. Non-economic damages remain several regardless of the fault percentage. This means that in most Utah personal injury cases, each defendant pays only their share, which places the risk of an insolvent defendant on the plaintiff.

The several-only rule has major implications for case strategy. Plaintiffs must carefully evaluate the collectability of each defendant before filing suit. It also means that identifying and naming all potentially responsible parties is critical, since an unnamed party whose fault goes unallocated effectively reduces the plaintiff’s recovery.

What is the statute of limitations for Utah personal injury claims?

Under Utah Code Section 78B-2-308, the statute of limitations for most personal injury claims is four years from the date the cause of action accrued. For wrongful death claims, the statute of limitations is two years under Section 78B-3-108. Claims against government entities have a much shorter deadline, requiring notice within one year under Section 78B-4-101.

The “discovery rule” may extend the statute of limitations in cases where the injury was not immediately discoverable. Under this rule, the limitations period begins to run when the plaintiff discovers, or through reasonable diligence should have discovered, the injury and its cause. This rule commonly applies in medical malpractice, product liability, and exposure cases.

Missing the statute of limitations is fatal to a personal injury claim. Once the deadline passes, the defendant may file a motion to dismiss, and the court will bar the claim permanently. Anyone who believes they may have a personal injury claim in Utah should consult with an attorney well before the limitations period expires to ensure their rights are preserved.

When should I talk to a Utah personal injury attorney?

The best time to speak with a personal injury attorney in Utah is as soon as possible after your injury. Evidence can disappear, witness memories fade, and legal deadlines can pass quickly, especially for claims against government entities where the notice period is only one year. Early consultation allows an attorney to evaluate your case under Utah’s specific legal framework, identify all potentially liable parties, gather critical evidence, and ensure that all deadlines are met. Even if you are unsure whether you have a claim, a consultation can help you understand your rights and options under Utah law.

About the Author: Stephen Honig is a legal content strategist who writes about Utah personal injury law and related legal topics. His work helps injury victims understand their rights and options under Utah law.

This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.