Personal Injury Laws in Utah: Deadlines, Fault Rules & Damages

If you were hurt in Utah, the clock that matters most is Utah Code § 78B-2-307: general personal injury (negligence) lawsuits — car crashes, slip-and-falls, most everyday accidents — must be filed within four years of the injury. That deadline drops sharply for two common situations: two years for a wrongful-death claim (Utah Code § 78B-2-304(3)) and two years for a personal-injury claim against the state or a Utah city, county, or school district (Utah Code § 78B-2-304(4)–(5)) — and government claims carry an extra, much shorter notice step described below. Confirm the current statute text before you rely on any deadline; the Legislature amends these sections almost every year.

Utah's personal injury statute of limitations

Utah Code § 78B-2-307(4) is the catch-all four-year limitation period ("for relief not otherwise provided for by law") that Utah courts apply to ordinary negligence claims — car accidents, truck accidents, slip-and-falls, dog bites, and most other personal-injury lawsuits not covered by a more specific statute. Utah also recognizes a limited "discovery rule" in some circumstances, meaning the clock can start when you discovered, or reasonably should have discovered, the injury rather than the date of the incident itself. Two important exceptions run shorter:

• Wrongful death: two years from the date of death (Utah Code § 78B-2-304(3)).
• Medical malpractice: generally two years from discovery of the injury, but no more than four years from the negligent act, under the Utah Health Care Malpractice Act (Title 78B, Chapter 3, Part 4).
• Claims against a government entity or employee: two years from when the claim arises (Utah Code § 78B-2-304(4)–(5)), layered on top of the notice-of-claim rules covered below.

Because the Legislature revises these sections regularly (this chapter was amended again in 2026), always check the current text of Title 78B, Chapter 2 on the Utah State Legislature's website, or ask a Utah court clerk, before assuming a deadline.

Filing deadline is not a legal-advice substitute

Deadlines can be shortened or extended by exceptions for minors, incapacity, fraud, or the identity of the defendant. If you are close to any of these windows, don't wait — get the facts of your specific claim reviewed against the current statute rather than relying on a general timeline.

Utah's shared-fault rule: modified comparative negligence, 50% bar

Utah uses modified comparative negligence with a 50% bar, codified at Utah Code § 78B-5-818. Under the statute, you can recover only from defendants whose combined fault exceeds your own. In practice:

• If your share of fault is less than the combined fault of everyone you're suing — in a straightforward two-party case, less than 50% — you can still recover, but your award is reduced by your percentage of fault. (Example: $100,000 in damages, you're found 20% at fault → you recover $80,000.)
• If your fault is equal to or greater than the other side's — 50% or more in a two-party case — Utah law bars you from recovering anything. A 50/50 split means no recovery.

Insurance adjusters and defense lawyers frequently push fault percentages toward that line because it can eliminate a claim entirely, not just reduce it. How fault gets allocated among multiple parties (another driver, a property owner, a product manufacturer) is a factual fight decided by a jury or negotiated in settlement — it is not automatic.

Damage caps in Utah

Economic damages (medical bills, lost wages, future care costs) are not capped in Utah for ordinary personal injury claims. Utah's damage caps are narrow and targeted:

• Medical malpractice non-economic damages (pain and suffering, emotional distress) are capped at $450,000 for claims arising after May 15, 2010, under Utah Code § 78B-3-410, part of the Utah Health Care Malpractice Act. The Legislature has changed this figure over the years, so confirm the current number before relying on it.
• That cap was struck down by the Utah Supreme Court in a 2015 ruling (Smith v. United States) as applied to medical malpractice cases resulting in death, under a provision of the Utah Constitution that bars statutory limits on the amount recoverable for a wrongful death. The cap still applies to non-fatal medical malpractice claims. This is a narrow, case-specific carve-out — it does not eliminate the cap generally, and courts continue to interpret its scope.
• Ordinary (non-medical-malpractice) personal injury cases — car accidents, slip-and-falls, product injuries — do not carry a statutory cap on non-economic or punitive damages in Utah.
• Claims against government entities are capped separately (see below), and punitive damages against a government entity are prohibited outright under Utah Code § 63G-7-603.

Damage-cap law is one of the fastest-moving areas of Utah civil litigation — verify the current dollar figure and any recent court rulings before assuming a cap applies to your situation.

Utah's car insurance system: no-fault (PIP), with a threshold to sue

Utah is a no-fault auto insurance state. Every Utah auto policy must include personal injury protection (PIP) benefits under Utah Code § 31A-22-309, currently a minimum of $3,000 per person, payable regardless of who caused the crash and without a deductible. PIP is meant to cover initial medical bills and a portion of lost income quickly, without waiting for a fault determination.

Because Utah is no-fault, you generally cannot sue the at-fault driver for pain and suffering unless you cross a statutory threshold set out in § 31A-22-309. You can step outside the no-fault system and pursue a full tort claim (including pain and suffering) if you meet either:

• Medical expenses exceeding $3,000, or
• A qualifying serious injury: death, dismemberment, permanent disability or impairment based on objective medical findings, permanent disfigurement, or a bone fracture.

Confirm the current PIP minimum and threshold amount with the Utah Insurance Department or the current statute text, since these dollar figures can be revised by the Legislature.

Utah's dog-bite rule: strict liability, no "one-bite" rule

Utah Code § 18-1-1 imposes strict liability on a dog owner or keeper for injuries the dog causes — the injured person does not need to prove the dog had previously bitten anyone or that the owner knew the dog was dangerous. There is no "one free bite" defense in Utah.

A 2025 amendment to § 18-1-1 added narrow exceptions: an owner is generally not liable if the injury is to another animal that entered the owner's property without consent while the dog was reasonably confined by a fence or enclosure, or to a trespasser (as defined by Utah's criminal trespass statute) injured while the dog was similarly confined on the owner's property. Certified law-enforcement canines acting within policy are also exempted. Damages in a dog-bite case are determined under the same comparative-negligence framework described above (Utah Code § 78B-5-818).

Shorter deadlines for claims against Utah government entities

Claims against the State of Utah, a city, county, school district, or their employees follow a stricter, faster-moving process than an ordinary lawsuit, under the Governmental Immunity Act of Utah (Title 63G, Chapter 7):

• Notice of claim required first. You must file a written notice of claim with the correct governmental entity within one year after the claim arises (Utah Code § 63G-7-402), stating the facts, the nature of the claim, and known damages.
• Wait, then sue. You cannot file suit until 60 days after the notice is filed, and generally must commence the lawsuit within two years after the claim arose (Utah Code § 63G-7-403).
• Damage caps apply. Judgments against a governmental entity for personal injury are capped at a per-person amount that is adjusted every two years (recently more than $800,000 per person) and an aggregate per-occurrence cap, under Utah Code §§ 63G-7-604 and 63G-7-605.
• No punitive damages may be awarded against a governmental entity (Utah Code § 63G-7-603).

Missing the one-year notice deadline typically bars the claim entirely, regardless of how strong it is on the facts. If a government vehicle, employee, road defect, or public building is involved in your injury, treat the notice deadline as urgent and separate from the general statute of limitations.

Where to file: Utah's court system

Most personal injury lawsuits in Utah are filed in the district court for the county where the injury occurred or where the defendant resides. Small, straightforward claims may qualify for Utah's small claims court, though claims against a governmental entity may not be tried as a small claims action (Utah Code § 63G-7-501). Court forms, self-help resources, and filing information are available through the Utah State Courts (utcourts.gov).

What to do in Utah

1. Get medical care and keep records. Prompt treatment protects your health and creates the documentation that supports both a PIP claim and, if applicable, a threshold showing for a tort claim.
2. Report the incident. File a police report for a crash, and if a government entity, employee, or public property is involved, note that immediately — the one-year notice-of-claim deadline is unforgiving.
3. Notify your auto insurer promptly to open a PIP claim if a vehicle was involved, and track whether your medical expenses are approaching the $3,000 threshold or you have a qualifying serious injury.
4. Identify every potentially responsible party (other drivers, property owners, employers, government agencies) since Utah's comparative-fault bar can turn on how fault is divided among them.
5. Calendar every deadline separately — the four-year general statute of limitations, the two-year wrongful-death or government-claim window, and the one-year government notice-of-claim deadline are not interchangeable.
6. Confirm current numbers before you rely on them. PIP minimums, the medical malpractice cap, and government damage caps are all periodically adjusted by the Utah Legislature; verify the current figures against the official Utah Code or with the Utah Insurance Department or a Utah court.

This article is general information about Utah law, not legal advice for your specific situation.