Question 1

Does Utah cap pain and suffering damages?

Accepted Answer

Not generally. In a malpractice action against a health care provider, UCA 78B-3-410 limits noneconomic damages to $450,000 for a cause of action arising on or after May 15, 2010, and the limit does not apply to punitive damages.

Question 2

What is the car accident threshold?

Accepted Answer

Under UCA 31A-22-309, a person with personal injury protection coverage cannot sue for general damages from an automobile accident unless the person sustained death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. It does not apply to an uninsured motorist claim.

Question 3

What is Utah's fault rule?

Accepted Answer

Your fault alone does not bar recovery, but you can recover only from a defendant or group whose fault exceeds yours (UCA 78B-5-818). In practice, 50% or more of the total fault bars recovery.

Question 4

Is liability joint and several?

Accepted Answer

No. Under UCA 78B-5-820 a defendant's maximum liability is its percentage of fault, and it has no right of contribution from others.

Question 5

How long do I have to sue?

Accepted Answer

Four years for most personal injury claims under UCA 78B-2-307, two years for a death (78B-2-304). A malpractice action must be filed within two years of discovery and no more than four years after the act (78B-3-404), after a compulsory prelitigation hearing.

Utah Pain & Suffering Calculator

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Several liability and an auto threshold

Utah Pain & Suffering Calculator

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Several liability and an auto threshold

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