Utah Economic Damages

Economic damages in Utah personal injury cases compensate injured plaintiffs for all financial losses caused by an injury, including past and future medical expenses, lost wages, lost earning capacity, and other out-of-pocket costs that can be calculated with reasonable certainty, and unlike noneconomic damages in medical malpractice cases, economic damages are not subject to any statutory cap under Utah law.

Last updated: July 2026

What economic damages are recoverable in a Utah personal injury case?

Economic damages in Utah personal injury cases are designed to compensate the plaintiff for all financial losses that have resulted or will result from the injury. These damages are sometimes called special damages because they must be specifically pleaded and proved. The most common categories of economic damages are medical expenses, lost wages, lost earning capacity, and other out-of-pocket costs such as transportation to medical appointments, home modification expenses, and assistive devices.

Medical expenses include the cost of all health care services reasonably required to diagnose and treat the injury. This includes emergency room care, hospitalization, surgery, physician visits, physical therapy, occupational therapy, prescription medications, medical equipment, and any other treatment that is medically necessary. Past medical expenses are calculated based on the actual bills incurred. Future medical expenses require expert testimony from physicians and life care planners who can estimate the plaintiff’s ongoing care needs.

Lost wages compensate the plaintiff for the income they were unable to earn while recovering from their injury. This includes not only wages from employment but also self-employment income, bonuses, commissions, and other forms of compensation. Lost earning capacity is a broader category that compensates for the reduction in the plaintiff’s ability to earn income in the future, even if they return to work at a lower-paying job than they held before the injury.

How are future medical expenses calculated in Utah?

Future medical expenses in Utah personal injury cases are calculated based on expert testimony about the plaintiff’s ongoing health care needs and the cost of meeting those needs. A life care plan is typically prepared by a life care planner, who is a health care professional with training in assessing the long-term needs of injured individuals. The life care plan identifies all future medical treatments, therapies, medications, equipment, and support services that the plaintiff will reasonably require.

The life care plan is then costed out based on the current market rates for each item or service. The total cost is then adjusted to present value to account for the fact that the plaintiff is receiving a lump sum payment now for expenses that will be incurred over many years in the future. Present value calculation uses a discount rate to reduce future costs to their current dollar value, recognizing that the plaintiff can invest the lump sum and earn interest while the expenses are still years away.

The plaintiff’s life expectancy is a critical factor in calculating future medical expenses. If the injury has reduced the plaintiff’s life expectancy, the calculation covers only the years the plaintiff is expected to live. Expert testimony from a physician or life expectancy expert is typically required to establish the plaintiff’s reduced life expectancy. The defendants will often present their own life care planner and economic expert to challenge the plaintiff’s estimates and present a lower calculation.

How is lost earning capacity calculated in Utah personal injury cases?

Lost earning capacity compensates the plaintiff for the reduction in their ability to earn income in the future, regardless of whether they actually return to work. If a plaintiff returns to work at a lower-paying job because their injury prevents them from performing their previous job, the difference in earnings represents their lost earning capacity. If a plaintiff cannot work at all, their lost earning capacity is their entire expected future earnings.

The calculation of lost earning capacity begins with the plaintiff’s pre-injury earnings and earning trajectory. Evidence of the plaintiff’s education, training, work history, and career path is used to estimate what they would have earned in the future but for the injury. Expert testimony from a vocational economist is typically used to project the plaintiff’s expected earnings over their work-life expectancy based on statistical data and the plaintiff’s individual characteristics.

Lost earning capacity also includes the value of benefits such as health insurance, retirement contributions, and other non-wage compensation that the plaintiff would have received from employment. The total loss is then reduced to present value using the same discounting principles that apply to future medical expenses. The plaintiff’s work-life expectancy is a key factor: a younger plaintiff with a longer expected work life will have higher lost earning capacity than an older plaintiff close to retirement.

What evidence is needed to prove economic damages in Utah?

Proving economic damages in Utah requires specific, objective evidence. For past medical expenses, the plaintiff should provide copies of all medical bills, receipts for payments made, and records of health insurance payments and adjustments. For lost wages, the plaintiff should provide pay stubs, tax returns, employer verification of time missed from work, and documentation of any sick leave or vacation time used as a result of the injury.

For future medical expenses, the plaintiff needs expert testimony from physicians and life care planners. The physician must testify about the plaintiff’s diagnosis, prognosis, and ongoing treatment needs. The life care planner must testify about the specific items and services included in the life care plan and the cost of each item. The economic expert must testify about the present value calculation and the discount rate applied.

For lost earning capacity, the plaintiff needs expert testimony from a vocational economist or similar expert. The expert will analyze the plaintiff’s education, training, work history, and earning potential, and will project the expected loss over the plaintiff’s work-life expectancy. The plaintiff should also provide their own testimony about their work history, job duties, and any limitations caused by the injury that affect their ability to work.

Are there any limits on economic damages in Utah personal injury cases?

Unlike noneconomic damages in medical malpractice cases, economic damages in Utah are not subject to any statutory cap. A plaintiff can recover the full amount of proven past and future medical expenses, lost wages, and lost earning capacity regardless of the amount. However, economic damages must be proved with reasonable certainty. Utah courts will not allow recovery for speculative or conjectural economic losses, and the plaintiff bears the burden of presenting sufficient evidence to support the claimed amount.

One important limitation on economic damages in Utah is the collateral source rule. Under traditional common law, the collateral source rule prevents the defendant from introducing evidence that the plaintiff’s medical expenses were paid by insurance or other sources. However, Utah Code Section 78B-5-820 modifies this rule in some respects by limiting a defendant’s liability to their proportionate share of fault. The interaction between the collateral source rule and Utah’s several-only liability system can affect the calculation of economic damages in cases involving multiple defendants.

Another consideration is that economic damages in wrongful death cases are limited to the losses suffered by the heirs, not the losses the decedent would have incurred. For example, the decedent’s lost future earnings are recoverable only to the extent they would have been used for the benefit of the heirs, not the total earnings the decedent would have received. This distinction can significantly reduce economic damages in wrongful death cases compared to personal injury cases where the plaintiff is alive and can recover their full lost earnings.

When should I document my economic losses for a Utah personal injury case?

You should begin documenting your economic losses immediately after your injury. Keep copies of all medical bills, receipts for out-of-pocket expenses, records of time missed from work, and any other documentation of financial losses caused by your injury. The sooner you start gathering this evidence, the stronger your claim for economic damages will be. An experienced Utah personal injury attorney can help you identify all categories of economic damages you may be entitled to recover and work with the appropriate experts to calculate future losses and build a complete case for maximum compensation.

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.