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★ Utah · back & spine

Back & spine settlements
in Utah.

By 9 min read

A plumber rear ended at a stoplight while working could not sue the doctor who examined him for the insurer, because the Utah Supreme Court declined to create a broad duty for independent medical examiners. A driver hit by a public district’s garbage truck lost her claim because she sued more than two years later.

Facts that decide a back & spine claim in Utah

Independent medical examinationsA 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 governmentNotice 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 sueFour 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
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. Utah's fault rule and any applicable cap then adjust the figure.

★ UT · reported back & spine outcomes

What Utah courts have awarded.

Real Utah decisions and verdicts, each linked to the court record or official report.

  • Supreme Court of Utah · 2021
    Dismissal affirmed

    In April 2015, Jeremy Kirk, working for a Park City plumbing company, was rear ended while stopped at a stoplight. He drove home and later went to a hospital saying his whole left side hurt. He sued a physician who examined him in an independent medical examination. The Supreme Court declined to recognize a broad duty of care owed by IME physicians to examinees and affirmed dismissal.

  • Utah Court of Appeals · 2024
    Dismissal as untimely affirmed

    In March 2020, Muir’s SUV collided with a garbage truck. The exchange form showed it was owned by Wasatch Front Waste & Recycling and insured through a government trust, and her lawyer contacted the insurer within days. She sued for ongoing pain and injuries more than two years after the collision, and the court affirmed dismissal as untimely.

★ UT · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Utah.

  1. 1

    Identify public defendants immediately. Muir knew the truck belonged to a public district and still sued too late.

  2. 2

    Doctors hired by insurers to examine you are generally not your treating doctors and owe you limited duties, after Kirk.

  3. 3

    Claims against government entities are capped as well as time limited.

★ UT · statute of limitations
4 years for personal injury; 2 years for medical malpractice

Utah Code § 78B-2-307

★ UT · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ UT · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in Utah.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. Utah courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Utah's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Utah · you are hereModified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice—
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
WyomingModified comparative, 51% bar4 years from date of injuryWY · back & spine →
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · back & spine →
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · back & spine →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · back & spine →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · back & spine →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · back & spine →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · back & spine →
IdahoModified comparative, 50% bar2 years from date of injuryID · back & spine →
KansasModified comparative, 50% bar2 years from date of injuryKS · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
★ UT · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ editorial note

Figures on this page are starting points: the US band adjusted for Utah's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Utah. See /methodology, /sources, and /disclaimer.