Utah law
Personal Injury Laws in Utah.
Utah follows a modified comparative fault system with a 50% bar -- you can recover only if your fault does not exceed 50%. The general statute of limitations for personal injury is 4 years. Utah is a no-fault auto insurance state with a $5,000 PIP threshold. Each defendant is liable only for their proportional share of fault (no joint and several liability). Punitive damages require clear and convincing evidence and amounts over $50,000 are split with the state.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury actions must be filed within 4 years from the date of injury.
Exceptions
When an injury was not immediately apparent, the statute begins running from the date the injury was or should have been discovered through reasonable diligence.
Wrongful death claims must be filed within 2 years of the date of death. Claims against government entities must be filed within 1 year.
If the injured person is a minor (under 18) when the cause of action arises, the statute of limitations is tolled until they reach the age of majority. A child injured at age 10 would have until age 22 to file a personal injury claim.
Product liability claims must be filed within 2 years from when the claimant discovered or should have discovered both the harm and its cause.
Claims against a governmental entity are barred unless a written notice of claim is filed within 1 year after the claim arises. The notice must include a brief statement of facts, the nature of the claim, and damages incurred.
State law
Fault & Liability Rules
You can recover damages only if your fault does not exceed 50%. Your recovery is reduced by your percentage of fault. Each defendant is liable only for their proportional share of fault -- Utah has abolished joint and several liability.
State law
Damage Caps
Utah does not impose a cap on compensatory (economic) damages in general personal injury cases.
Punitive damages require clear and convincing evidence of willful and malicious conduct or knowing and reckless indifference to the rights of others. The first $50,000 goes to the plaintiff; any amount above $50,000 is split equally between the plaintiff and the state.
State law
Auto Insurance System
Utah is a no-fault state. Drivers must carry Personal Injury Protection (PIP) with a minimum of $5,000 per person. You cannot sue the at-fault driver unless your medical expenses exceed $5,000 or you suffered a "serious injury." PIP covers up to 85% of lost wages ($250/week max), $20/day for household services, and $1,500 in funeral expenses.
Tort Threshold
$5,000 in medical expenses or serious injury
State law
Key Utah Statutes
Each defendant is liable only for the percentage of damages equivalent to their percentage of fault. No defendant may be held responsible for more than their proportional share, and there is no right to contribution from other defendants.
When a person dies due to the negligence or wrongful act of another, the heirs or personal representative may bring an action for damages. Recoverable damages include loss of financial support, loss of companionship, and funeral expenses.
Claims against government entities require a written notice of claim within 1 year, including facts, nature of claim, and known damages. The government entity has 60 days to approve or deny the claim before a lawsuit may be filed.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Utah.
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