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★ Utah · head & brain

Head & brain settlements
in Utah.

By 9 min read

Utah brain injury cases often turn on causation. A passenger with six brain contusions after a rollover and a later semi truck crash could not show which impact caused them, and lost at summary judgment. A family whose son died of an anoxic brain injury after gauze blocked his airway following dental surgery lost at trial.

Facts that decide a head & brain claim in Utah

Fault ruleYour 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
Malpractice capNoneconomic 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)
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
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

united states · sister site
Your head & brain claim in Utah. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own head & brain case in about two minutes, no cost and no obligation.

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★ UT · reported head & brain outcomes

What Utah courts have awarded.

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

  • Ladd v. Bowers Trucking
    Utah Court of Appeals · 2011
    Summary judgment for trucking company affirmed

    At 4 a.m. in August 2008, a pickup carrying Christopher Ladd rolled on Interstate 80. Minutes later another car clipped it, and then a Bowers Trucking semi struck it, killing the pickup’s driver and the truck driver. Ladd had six brain contusions and years of short term memory loss, and recalled the crashes only in a dream months later. The court affirmed summary judgment for the trucking defendants.

  • Wakefield v. Gutzman
    Utah Court of Appeals · 2024
    Defense verdict affirmed

    In June 2014, 22 year old Jared Wakefield had dental surgery under sedation. After the procedure, gauze was placed at the extraction sites, and while he was recovering he began choking. A piece of gauze was later found blocking his airway above the division of his lungs, and he died two days later of an anoxic brain injury. His father sued the dental anesthesiologist, the jury found for the doctor, and the court affirmed.

★ UT · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Utah.

  1. 1

    In multi impact crashes, you must show which impact caused the brain injury, as Ladd’s case shows.

  2. 2

    Airway management during sedation is a common malpractice theory; Wakefield’s case turned on gauze placed after the throat pack was removed.

  3. 3

    Malpractice pain and suffering is capped at $450,000 for claims arising since May 2010.

★ 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 head & brain settlement in Utah.

★ head & brain severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

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

Common questions.

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

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of UT
Utah overview

Fault rule, statute, caps, and key facts for Utah as a whole.

★ federal frame
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain bands.

★ 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.