Utah follows a modified comparative fault rule in personal injury cases. Under this rule, a plaintiff’s damages are reduced in proportion to their percentage of fault for the accident, but only if the plaintiff is found to be less than 50% at fault. If the plaintiff is found to be 50% or more at fault, they are barred from recovering any damages.
For example, suppose a plaintiff is awarded $100,000 in damages for injuries sustained in a car accident. If the plaintiff is found to be 20% at fault for the accident, their damages award would be reduced by 20% to $80,000.
It’s important to note that Utah’s modified comparative fault rule applies to both economic and non-economic damages, such as medical expenses, lost wages, and pain and suffering.
In personal injury cases, the issue of fault is often a key factor in determining liability and damages. If you have been injured in an accident in Utah, it’s important to consult with a personal injury attorney who can help you understand your legal rights and options and navigate the legal process to seek compensation for your injuries and damages. An experienced attorney can also help you negotiate with insurance companies or pursue legal action if necessary.