Future Damages in Utah
In Utah, you are entitled to recover not just your current losses but also the present value of future medical expenses and lost earning capacity caused by your injuries. These future damages often represent the largest component of a serious injury claim.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
4 years
Filing Deadline
No-Fault
Auto System
Types of Future Damages in Utah
Future Medical Expenses
Cost of ongoing treatment, surgeries, physical therapy, medications, home care, and medical equipment you will need because of your injuries.
Lost Future Earning Capacity
The present value of income you will lose if your injury permanently or partially prevents you from working at your pre-accident capacity.
Future Pain & Suffering
Utah allows recovery of future non-economic damages under modified comparative fault (50% bar) — reduced by your share of fault.
Future Loss of Enjoyment
Compensation for activities, hobbies, and life experiences you will permanently lose due to your injuries.
Utah Injury Law
Utah combines mandatory no-fault PIP insurance with a modified comparative fault system featuring a 50% bar. PIP covers initial medical expenses and lost wages regardless of fault. The statute of limitations is 4 years, one of the more generous periods in the country. Utah's growing population and expanding outdoor recreation sector — skiing, mountain biking, off-road sports — generate significant recreation-related personal injury claims. Ski resort liability is subject to the Utah Inherent Risks of Skiing Act, which limits resort liability for inherent risks. Utah has no general cap on compensatory damages for most personal injury cases. Medical malpractice claims in Utah have a 2-year statute of limitations under Utah Code Ann. § 78B-3-404 and are subject to a preliminary screening panel process. Utah caps punitive damages at the greater of 3 times compensatory damages or $500,000 under Utah Code Ann. § 78B-8-201. Workers' compensation in Utah is administered by the Utah Labor Commission.