The state of Utah has a number of applicable statutes that may affect your personal injury case. Understanding these rules may vastly affect the amount you are able to collect in damages. These are a few key Utah laws which might be relevant to your case.
Time Limits- Utah has a statute of limitations of four years from the date of the accident in which to file a personal injury case. Failure to file within the deadline can result in forfeiture of your right to bring the matter to court.
Shared Fault- Utah employs a comparative fault rule in personal injury cases. This means the court will determine the fault of each party in the accident by percentage. If you are found more than 50% at fault, you will lose your right to claim any damages. Up to 50%, your awarded damages will be reduced by a percentage equal to your fault. For example, if you are 10% at fault and are awarded $10,000, you will receive $9,000.
Strict Liability For Dog Bite Cases- Utah observes a strict liability rule in all dog bite cases. This means that the owner of the dog is responsible for any injuries, regardless of whether the dog was known to be vicious.
Damage Caps- The state of Utah caps non-economic damages such as pain and suffering in personal injury claims. This cap does not apply to economic or punitive damages. In medical malpractice cases, the maximum amount you can receive in non-economic damages is $450,000 for any injury occurring after May 15, 2010.
Claims Against the Government- Utah has different rules governing personal injury claims against government entities or employees. For instance, there is a deadline of one year to file a claim against the government, and one year to appeal a rejected claim.
No Fault Rules in Auto Accidents- Like many other states, Utah observes a no fault rule in all car accidents. This means that personal injury claims must first be made through one’s own insurance company. Liability is only considered if your injury exceeds a legal threshold, including permanent injuries or disfigurement.
Contact us for representation in Utah.