Utah applies modified-50 comparative fault with a full PIP no-fault auto scheme and a 4-year general personal-injury SOL.
Utah operates modified-50 comparative negligence with a full no-fault auto insurance scheme. The general PI statute of limitations is four years; medical malpractice runs in two. Med-mal non-economic damages are capped at $450,000.
Utah Code § 78B-2-307
Modified comparative, recovery barred at 50% claimant fault.
Caps and ceilings imposed by Utah law that bear on settlement values.
Utah Code § 78B-3-410
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Utah law.
Reported Utah decisions for each injury type, each with a link to the judgment and to the full injury guide.
In July 2008, Joel Whitmer rear ended Marie Schreib as she turned into a library parking lot.
whiplash in Utah →In 2009, a drunk driver going over 100 miles per hour rear ended Kathleen and Andrew Blank’s Mercedes SUV near Salt Lake City, pushing it into a guardrail and a pole before a partial rollover; a passenger in the other car died.
whiplash in Utah →In April 2015, Jeremy Kirk, working for a Park City plumbing company, was rear ended while stopped at a stoplight.
back & spine in Utah →In March 2020, Muir’s SUV collided with a garbage truck.
back & spine in Utah →At 4 a.m. in August 2008, a pickup carrying Christopher Ladd rolled on Interstate 80.
head & brain in Utah →In June 2014, 22 year old Jared Wakefield had dental surgery under sedation.
head & brain in Utah →In September 2017, a driver turned left in front of the van carrying Rodriguez and her child, causing a collision.
fracture in Utah →In May 2014, Kylie Nielsen, a minor, tripped during a school safety demonstration and severely injured her ankle.
fracture in Utah →In a malpractice case against the University of Utah, the trial court refused to limit damages under the 2017 Governmental Immunity Act cap, reasoning that Condemarin v. University Hospital (1989) had already held a cap unconstitutional as applied to the hospital.
medical negligence in Utah →A 22 year old died of an anoxic brain injury after gauze blocked his airway following dental surgery under sedation in 2014.
medical negligence in Utah →In 2013, Gerald Benge was operating an excavator on a trailer ramp for a construction company when the ramp tilted; he jumped down and twisted his right knee, suffering a torn meniscus and a fracture of the tibial plateau.
workplace in Utah →On a lunch break in July 2013, Julie Johnson, an eBay employee, tripped where a sidewalk dropped off to a concrete driveway on the new eBay campus in Draper and fell on her hands and knees.
workplace in Utah →Statutes and rulings that come up again and again in Utah injury claims, each with its source.
| No-fault threshold | To recover pain and suffering after a car crash you generally need death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, or medical expenses over $3,000.Utah Code § 31A-22-309(1)(a), as quoted in Rodriguez v. Crosby (Utah Ct. App. 2024) |
|---|---|
| Fault rule | Your fault does not alone bar recovery; you may recover from defendants whose combined fault, with immune persons and nonparties, exceeds yours, and each defendant pays only its share.Utah Code § 78B-5-818 |
| Seat belt use | Not admissible on negligence, injuries or mitigation.Utah Code § 41-6a-1806; see our seat belt table |
| Independent medical examinations | A physician performing an independent medical examination does not owe the examinee a broad duty of care; the court declined to create one for policy reasons.Kirk v. Anderson (Utah 2021) |
| Claims against government | Notice of claim within 1 year; for incidents from 1 July 2026 damages are capped at $963,800 per person and $3,879,500 per occurrence.Utah Code §§ 63G-7-402, 63G-7-604; see our notice table |
| Deadline to sue | Four years for claims “for relief not otherwise provided for by law,” which covers most negligence injury claims; claims against government entities have shorter limits.Utah Code § 78B-2-307 |
| Malpractice cap | Noneconomic damages in malpractice actions against health care providers may not exceed $450,000 for causes of action arising on or after 15 May 2010.Utah Code § 78B-3-410(1)(d) |
| Settlements for injured children | A court approves a minor’s injury settlement and can order the net amount, after costs, fees and medical bills, into a restricted account.Nielsen v. LeBaron (Utah Ct. App. 2023) |
How Utah compares with its neighbours in the West on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| Utah | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Alaska (AK) | Pure comparative negligence | 2 years from date of injury or discovery |
| California (CA) | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) |
| Colorado (CO) | Modified comparative, 50% bar | 2 years for personal injury; 3 years for motor vehicle |
| Hawaii (HI) | Modified comparative, 51% bar | 2 years from date of injury |
| Idaho (ID) | Modified comparative, 50% bar | 2 years from date of injury |
| Montana (MT) | Modified comparative, 51% bar | 3 years from date of injury |
| Nevada (NV) | Modified comparative, 51% bar | 2 years for personal injury; 3 years for medical malpractice |
| Oregon (OR) | Modified comparative, 51% bar | 2 years from date of injury |
| Washington (WA) | Pure comparative negligence | 3 years from date of injury |
| Wyoming (WY) | Modified comparative, 51% bar | 4 years from date of injury |
Common questions about personal injury claims in Utah, answered with the relevant statutory references.
This page summarises the Utah statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Utah. See /methodology, /sources, and /disclaimer.
