Utah Personal Injury Laws

When an injury was not immediately apparent, the statute begins running from the date the injury was or should have been discovered through reasonable diligence.

Wrongful death claims must be filed within 2 years of the date of death. Claims against government entities must be filed within 1 year.

If the injured person is a minor (under 18) when the cause of action arises, the statute of limitations is tolled until they reach the age of majority. A child injured at age 10 would have until age 22 to file a personal injury claim.

Product liability claims must be filed within 2 years from when the claimant discovered or should have discovered both the harm and its cause.

Claims against a governmental entity are barred unless a written notice of claim is filed within 1 year after the claim arises. The notice must include a brief statement of facts, the nature of the claim, and damages incurred.

Utah does not impose a cap on compensatory (economic) damages in general personal injury cases.

Punitive damages require clear and convincing evidence of willful and malicious conduct or knowing and reckless indifference to the rights of others. The first $50,000 goes to the plaintiff; any amount above $50,000 is split equally between the plaintiff and the state.

Each defendant is liable only for the percentage of damages equivalent to their percentage of fault. No defendant may be held responsible for more than their proportional share, and there is no right to contribution from other defendants.

When a person dies due to the negligence or wrongful act of another, the heirs or personal representative may bring an action for damages. Recoverable damages include loss of financial support, loss of companionship, and funeral expenses.

Claims against government entities require a written notice of claim within 1 year, including facts, nature of claim, and known damages. The government entity has 60 days to approve or deny the claim before a lawsuit may be filed.