Are There Damages Caps in Utah Personal Injury Cases?
Request Free ConsultationA personal injury lawsuit is designed to make victims whole again by providing financial recovery for both economic damages, like medical bills and lost wages, and non-economic damages like chronic pain and emotional distress. In an ideal system, injury victims would be able to recover whatever amount a jury determines is fair and appropriate, but many states have implemented laws that limit how much money can be awarded. If you plan on filing a claim, you may wonder: Are there damages caps in Utah personal injury cases?
What Is a Damages Cap?
A damages cap is a legal limit that restricts the maximum amount of compensation you can receive in certain types of lawsuits, regardless of what a jury might determine your case is worth. These caps are often implemented by state legislatures to control insurance costs and prevent what lawmakers consider excessive jury awards. When a damages cap applies, the court must reduce your compensation to comply with the statutory limit, even if a jury awards you more money than the cap allows.
Utah Does Not Cap Damages in Most Personal Injury Claims
Utah does not impose damages caps on most personal injury cases, including car accidents, slip and fall incidents, product liability claims, and workplace injuries. This means you can recover a settlement that reflects the true and full extent of your losses.
When pursuing a personal injury claim in Utah, you may be entitled to recover several types of damages:
- Your medical expenses, both past and future, including hospital bills, surgery costs, rehabilitation, prescription medications, and ongoing treatment needs
- Lost wages from the time you couldn’t work due to your injuries and diminished earning capacity if your injuries affect your ability to work in the future
- Property damage costs, such as vehicle repairs or replacement after a car accident
- Non-economic damages that address your emotional distress, physical pain, and the overall impact your injuries have had on your quality of life and relationships
- Punitive damages to punish the wrongdoer and prevent others from engaging in similar behavior, awarded in cases involving extreme negligence and misconduct
Non-Economic Damages in Medical Malpractice Cases Are Limited
While Utah generally allows full compensation in personal injury cases, there is one exception: medical malpractice lawsuits. Utah law places a cap on non-economic damages in medical malpractice cases filed after May 15, 2010. Under Utah Code section 78B-3-410, you can recover a maximum of $450,000 for non-economic damages in these cases.
The cap only applies to non-economic damages. There is no limit on economic damages such as medical expenses, lost income, or other quantifiable financial losses resulting from medical malpractice.
Trust We Win Injury Law to Fight for the Compensation You Deserve
Although Utah does not impose caps on most personal injury damages, other parties like insurance companies and defense lawyers will work to limit your compensation. If you plan on filing a personal injury claim, you need an advocate on your side who will fight for every dollar you deserve.
At We Win Injury Law, our personal injury attorneys in St. George have secured high-value settlements and jury verdicts for injured clients throughout Utah. We will not rest until you recover maximum compensation. Contact us at (435) 688-9558 today for a free consultation and begin your journey to recovery.