Personal Injury Mediation in Utah
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Utah, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
4 years
Filing Deadline
$12,000 – $58,000
Avg Settlement
How Mediation Works in Utah
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Utah. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (50% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Utah Injury Law Overview
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.