Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In Utah, the gate matters more than the multiplier: the auto threshold and the 50% fault line.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The auto threshold

For a car accident, UCA 31A-22-309 bars a cause of action for general damages unless there is death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. The bar does not apply to an uninsured motorist claim.

The fault line

Your fault alone does not bar recovery, but you may recover only from a defendant or group whose fault exceeds yours. At 50% you are out; at 49% you are in.

You collect defendant by defendant

Under UCA 78B-5-820, each defendant's maximum liability is its percentage of fault, and it cannot seek contribution from others.

Fault can be placed on nonparties

The fact finder may allocate fault to people not in the case, including those immune from suit, which can shrink what a named defendant owes.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.