Personal injury cases often involve complicated legal proceedings that can be difficult to navigate without professional legal help. It’s critical for both the victim and the defendant to have a clear understanding of the law regarding liability, negligence, and damages. Utah is one of several states that uses a comparative fault system to allocate damages in personal injury cases. In this article, we will take a closer look at Utah’s comparative fault laws in personal injury cases.
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What Is Comparative Fault?
Comparative fault, also known as comparative negligence, is a legal principle that comes into play when more than one party is responsible for an accident or injury. Basically, it means that each party’s degree of fault will be considered in determining the amount of damages they are responsible for paying. In other words, if you are partially at fault for an accident, you may still be able to recover some damages, but your award will be reduced to reflect your percentage of fault.
How Does Utah’s Comparative Fault System Work?
Utah follows a modified comparative fault system in which a plaintiff can only recover damages if their degree of fault is less than 50%. In other words, if a plaintiff is more than 50% at fault for their own injuries, they cannot recover any damages. If the plaintiff is found to be 50% or less at fault, their total damages award will be reduced by their percentage of fault.
For example, let’s say that a driver runs a red light and collides with another car, injuring the other driver. The injured driver was not wearing a seatbelt at the time of the accident, which is a violation of Utah law. A court finds that the driver who ran the red light was 80% at fault for the accident, while the injured driver was 20% at fault for not wearing a seatbelt. If the total damages award for the injured driver’s injuries was $100,000, the award would be reduced by 20%, or $20,000, to account for the injured driver’s percentage of fault. The injured driver would then be entitled to recover $80,000 in damages from the at-fault driver.
Types of Damages
In personal injury cases, there are typically two types of damages: economic and non-economic. Economic damages are those that can be objectively calculated, such as medical expenses, lost wages, and property damage. Non-economic damages are those that are more subjective, including pain and suffering, emotional distress, and loss of enjoyment of life.
In Utah, there is no limit on the amount of economic damages that a plaintiff can recover in a personal injury case. However, there is a cap on non-economic damages, which is currently set at $450,000. This means that even if a plaintiff can prove that they suffered millions of dollars in pain and suffering, the most they can recover in non-economic damages is $450,000.
Joint and Several Liability
Utah also recognizes the legal doctrine of joint and several liability, which holds that each defendant in a case can be held individually responsible for the plaintiff’s damages, even if they were not the primary cause of the injury. This means that if multiple parties are found to be at fault for an accident, the plaintiff can recover the full amount of damages from any one of the defendants.
For example, let’s say that a commercial truck driver causes a multi-car accident that results in several injuries. The trucking company that employs the driver may be held liable under the theory of vicarious liability. However, if it is found that the truck driver was also driving under the influence of alcohol and contributing to the accident, the plaintiff may be able to recover damages from both the driver personally and the trucking company. Under joint and several liability, the plaintiff could receive the full amount of damages from either the driver or the trucking company, depending on who is deemed to have the greater share of fault.
Statute of Limitations
Like many other states, Utah has a statute of limitations for personal injury claims. The statute of limitations is the amount of time that a plaintiff has to file a lawsuit after an accident. In Utah, the statute of limitations for personal injury claims is four years from the date of the accident. If a plaintiff fails to file a lawsuit within this time frame, their case will likely be dismissed.
Final Thoughts
Personal injury cases can be complex and difficult to navigate without the help of an experienced attorney. If you or a loved one has been injured in an accident, it’s important to understand your rights and legal options. Utah’s comparative fault system can help ensure that all parties are held accountable for their actions, but it’s important to work with an attorney who has experience navigating these types of cases. By working with an attorney, you can increase your chances of recovering the full amount of damages you are entitled to under the law.