Utah is a “Comparative-Fault” State
In order to file a personal injury claim in Utah, you cannot be more than 49 percent responsible for your own injuries. In other words, the other party or parties named in your claim must be more than 50 percent responsible for your injuries.
Your degree of responsibility for your own injuries will decide how much compensation you will receive. For example, if you are five percent responsible for your injuries, then you will only receive 95 percent of the potential damages.
Potential Damages for Personal Injury in Utah
In Utah, personal injury claims can be filed to recover both financial and non-financial damages. Financial damages include cost of household and medical expenses, property damage costs, lost wages and loss of future earnings ability. Non-financial damages include pain and suffering that you have suffered as a result of your injuries.
When seeking compensation for pain and suffering, your attorney and the court will attempt to assign a dollar amount to these injuries. A Utah personal injury attorney can advise you on the type of damages and amount of compensation you should seek in your claim.
Statute of Limitations for Personal Injury Claims in Utah
Every state has an established time limit for filing personal injury claims. In the state of Utah, the statute of limitations varies based on the type of personal injury lawsuit. Libel and slander cases have a one year statute of limitations. Wrongful death lawsuits carry a two year limitation. For all other personal injury claims, the statute of limitations is four years beginning the on the date you realize you have been injured.
In some cases, specifically those in which there is a delay or lag between the incident and the date injuries become apparent, the statute of limitations timeframe can be less simple to discern. If you believe the statute of limitations has expired, you should contact a personal injury attorney. He or she may be able to have your case heard outside the statute of limitations.