Utah: Where It Stands Among States With Fee Caps Today

Personal injury contingency fees stay uncapped in Utah — on a constitutional footing few other states share — even as the state's malpractice damages cap genuinely splits by outcome.

A reasonableness-only state for fees, on firmer ground than most

Compare Utah to a state like New York, which applies a hard statutory sliding scale to medical malpractice attorney fees specifically. Utah has no equivalent figure anywhere in its rules — the fee simply must be reasonable under Rule 1.5, assessed case by case. What sets Utah apart is why: a 2016 ruling held that the legislature constitutionally cannot regulate attorney fees at all, a stronger footing than simply never having legislated a cap.

A real damages cap, but no fee cap to match

Utah does cap medical malpractice noneconomic damages at $450,000 — but only where the patient survived; the cap doesn't apply in a wrongful death claim. Either way, that damages question says nothing about what the attorney can charge on whatever is actually recovered. The two questions are governed by entirely separate rules, one statutory and outcome-dependent, the other constitutional and judicially controlled.

Two separate things that sound related but aren't

It's worth being clear that Utah's malpractice damages cap, where it applies, limits what a plaintiff can recover from the provider. The attorney's own percentage fee remains governed entirely by Rule 1.5's reasonableness standard, untouched by whichever outcome of the damages cap question applies in a specific case.

A distinctive combination among the states

Many states that leave personal injury fees uncapped still allow some form of damages cap, at least for medical malpractice. Utah's combination — a genuinely split damages cap paired with a constitutionally uncapped fee standard — fits that broader national pattern while standing on a notably firmer legal foundation on the fee side.

Utah's fee structure — frequently asked questions

Does Utah cap attorney fees in medical malpractice cases the way it caps damages?

No. Utah's $450,000 malpractice damages cap, where it applies, limits what a plaintiff can recover from the provider — the attorney's own fee percentage is governed separately, and only by Rule 1.5's reasonableness standard.

Is Utah's reason for having no fee cap unusual among states?

Yes — most states that leave fees uncapped simply haven't legislated a cap. Utah has an affirmative constitutional ruling holding that the legislature cannot regulate attorney fees at all, a stronger and more unusual legal footing.

Is Utah's uncapped approach to personal injury fees typical among states?

It's one of two common approaches nationally. Many states rely on a general reasonableness standard for personal injury contingency fees, while others, particularly for medical malpractice, write a specific percentage ceiling into statute.

Does Utah cap damages in any type of personal injury claim, even without capping fees?

Yes — medical malpractice noneconomic damages are capped at $450,000 when the patient survived, though the cap doesn't apply in a wrongful death claim, a separate rule from the uncapped attorney fee standard.

Does the malpractice damages cap affect the attorney's own fee on that portion of a claim?

No — the damages cap, where it applies, limits what the client can recover from the provider; the attorney's percentage fee is still governed separately by Rule 1.5, applied to whatever is actually recovered.

This page provides general guidance only and is not legal advice. Figures are based on Rule 1.5 of the Utah Rules of Professional Conduct, Injured Workers Association of Utah v. State, 2016 UT 21, and Utah Code § 78B-3-410, verified per our methodology. Confirm how current rules apply to a specific claim with a licensed attorney in the relevant state before acting.