Caps on Pain & Suffering Damages in Utah

By the FigureMyTax Editorial Team · How we calculate

Utah has no general cap on pain and suffering. The cap is for malpractice, at $450,000.

The malpractice cap

UCA 78B-3-410 allows an injured plaintiff in a malpractice action against a health care provider to recover noneconomic losses for pain, suffering and inconvenience, up to $450,000 for a cause of action arising on or after May 15, 2010.

A history of adjustments

The limit was $250,000 before July 1, 2001, was adjusted for inflation to $400,000, and was adjusted annually by the state treasurer until July 1, 2009, after which the $450,000 figure applies. We read no annual adjustment after that date.

Punitive damages are separate

The cap does not apply to awards of punitive damages.

Punitive damages

UCA 78B-8-201 allows punitive damages only if compensatory or general damages are awarded and it is established by clear and convincing evidence that the conduct was willful and malicious, intentionally fraudulent, or a knowing and reckless indifference to the rights of others. Wealth evidence comes in only after a finding of liability. The text we read sets no dollar cap, but of any punitive award, the first $50,000 goes to the injured party and half of the excess goes to the state.

Everything else

Outside malpractice we found no statutory ceiling on pain and suffering, so the fact finder decides.

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.