Personal Injury Lawsuit in Utah
Filing a personal injury lawsuit in Utah is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (50% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
4 years
Filing Deadline
Modified comparative fault (50% bar)
Fault System
No-Fault
Auto System
$12,000 – $58,000
Avg Settlement
Lawsuit Steps in Utah
Hire an Attorney
Most personal injury attorneys in Utah work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Utah court. You must file within 4 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Utah court rules.
Key Utah Law Facts
Utah is a no-fault auto insurance state under Utah Code Ann. § 31A-22-307, requiring all drivers to carry personal injury protection (PIP) coverage of at least $3,000 that pays medical expenses and lost wages regardless of who caused the accident.
Utah uses modified comparative fault under Utah Code Ann. § 78B-5-818 with a 50% bar — plaintiffs found 50% or more at fault cannot recover any damages; below that threshold, the award is proportionally reduced based on the plaintiff's assigned fault percentage.
Utah provides a generous 4-year statute of limitations for personal injury claims under Utah Code Ann. § 78B-2-307, giving injured victims more time than most states to investigate their case and file a lawsuit after an injury.