Know Your Rights Under Utah Law
Utah Personal Injury Law —
What the Law Says About Your Case
Every statute. Every deadline. Every right you have as an injured person in Utah. With direct links to the actual Utah Code so you can read the law yourself.
Quick Answer
Utah personal injury law gives you 4 years to file a claim(Utah Code §78B-2-307), allows recovery even if you're up to 49% at fault (§78B-5-818), and requires insurance companies to settle fairly within 30 days (R590-190). Below is every statute that matters, with direct links to the Utah Code and plain-English explanations.
Utah Statutes That Protect You
These are the actual laws that govern personal injury cases in Utah. Every link goes directly to the official Utah legislature website.
Statute of Limitations — Personal Injury & Property Damage
Utah Code §78B-2-307→You have 4 years from the date of your injury to file a personal injury or property damage lawsuit in Utah. After this deadline, you permanently lose your right to sue — no exceptions.
Brad's Take: “I've seen people wait 3 years to call me thinking they had plenty of time, only to find out key evidence was gone. The law gives you 4 years. Reality gives you weeks.”
Wrongful Death — 2-Year Filing Deadline
Utah Code §78B-2-304→Wrongful death claims must be filed within 2 years from the date of death — half the time of a regular PI claim. Against a government entity, a notice of claim must be filed within just 1 year. This shorter deadline makes immediate legal consultation critical.
Brad's Take: “Families dealing with the death of a loved one aren't thinking about lawsuits. That's why they need us. We handle the legal fight while they grieve.”
Modified Comparative Fault
Utah Code §78B-5-818→Utah follows a modified comparative fault rule. You can recover damages as long as you are less than 50% at fault. Your compensation is reduced by your percentage of fault. If you're 30% at fault and your damages are $100,000, you'd recover $70,000.
Brad's Take: “Insurance companies love to tell people 'you were partially at fault, so you can't recover anything.' That's a lie. If you're 49% at fault, you can still recover 51% of your damages. Don't let them scare you.”
No-Fault Insurance & PIP Coverage
Utah Code §31A-22-307→Utah is a no-fault state. Your own Personal Injury Protection (PIP) insurance covers your first $3,000 in medical expenses and up to $20/day in lost wages — regardless of who caused the accident. You can step outside the no-fault system and file a claim against the at-fault driver if your medical expenses exceed $3,000 or you suffer permanent impairment.
Brad's Take: “Most people don't realize PIP coverage is just the starting point. Once you cross that $3,000 threshold — which almost every serious accident does — you can go after the at-fault driver's insurance for the full value of your claim.”
Minimum Auto Insurance Requirements (Updated Jan 2025)
Utah Code §31A-22-304→As of January 1, 2025, Utah requires minimum liability coverage of $30,000 per person / $65,000 per accident for bodily injury and $25,000 for property damage (30/65/25). Many drivers carry only the minimum, which rarely covers serious injuries.
Brad's Take: “Here's the problem: $30,000 doesn't even cover a single night in the ICU. If the at-fault driver has minimum coverage and you have a $200,000 injury, we go after underinsured motorist coverage, umbrella policies, and every other avenue to make you whole.”
Unfair Claims Settlement Practices
Utah Admin Rule R590-190→This rule requires insurance companies to acknowledge claims within 15 days, investigate fairly, and settle or deny within 30 days of receiving all documentation. If they delay, lowball, or refuse to negotiate in good faith, they are violating Utah law — and we can file a bad faith claim.
Brad's Take: “This is the rule I cite most often when insurance companies try to stall. When I send them a letter referencing R590-190, things tend to move a lot faster.”
Wrongful Death Damages
Utah Code §78B-3-108→Wrongful death damages in Utah can include funeral and burial expenses, loss of financial support, loss of companionship and consortium, mental anguish of surviving family members, and in cases of gross negligence, punitive damages.
Brad's Take: “Our $58.5 million verdict came from a wrongful death case. No amount of money replaces a life. But the law ensures families aren't left financially devastated on top of their grief.”
Definitions — Fault & Comparative Fault
Utah Code §78B-5-817→This section defines what constitutes 'fault' under Utah law — including any actionable breach of duty, act, or omission that is a proximate cause of injury. This broad definition works in your favor because it captures negligence, recklessness, and intentional misconduct.
Brad's Take: “This is the legal foundation for every case we take. If someone breached a duty and it caused your injury, they're at fault. Period.”
Your Rights as an Injured Person in Utah
10 Rights Insurance Companies Hope You Don't Know
Insurance companies count on you not knowing your rights. Here they are — every single one.
Choose your own attorney
No insurance company can tell you which lawyer to hire. You have the absolute right to choose your own legal representation.
Refuse recorded statements
You are NOT required to give a recorded statement to the other driver's insurance company. Ever. Anything you say can and will be used to minimize your claim.
Choose your own doctor
The insurance company cannot force you to see their preferred doctor. You have the right to choose your own medical provider.
File a lawsuit if insurance won't settle fairly
If the insurance company refuses to offer fair compensation, you have the right to file a lawsuit and have your case decided by a judge or jury.
Recover pain and suffering damages
Utah law allows you to recover not just economic damages (medical bills, lost wages) but also non-economic damages like pain, suffering, emotional distress, and loss of enjoyment of life.
Loss of consortium claims
If your injuries affect your relationship with your spouse, your spouse may have an independent claim for loss of consortium — the loss of companionship, affection, and support.
Recover damages even if partially at fault
Under Utah's modified comparative fault rule (§78B-5-818), you can still recover damages if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Hold property owners liable for unsafe conditions
Under Utah premises liability law, property owners have a duty to maintain safe conditions. If you were injured due to a hazardous condition they knew about or should have known about, they are liable.
Strict liability for dog bites
Utah is a strict liability state for dog bites. The dog owner is liable for your injuries regardless of whether the dog has ever bitten anyone before.
File complaints against unfair insurance practices
If an insurance company is acting in bad faith — delaying, denying, or underpaying your claim — you can report them to the Utah Insurance Department at (801) 957-9200 or insurance.utah.gov.
Utah Personal Injury Law — Frequently Asked Questions
4 years from the date of injury under Utah Code §78B-2-307. For wrongful death, it is 2 years under §78B-3-106. Missing these deadlines permanently bars your claim.
Know Your Rights. Now Use Them.
The law is on your side. But knowing your rights and enforcing them are two different things. That's what we do. Free consultation — no obligation.