Can I Sue for Pain and Suffering in Utah?

Yes. Utah law allows injured victims to recover non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life. There is no cap on non-economic damages in Utah personal injury cases.

What Counts as Pain and Suffering in Utah

• Physical pain from injuries (acute pain, chronic pain, nerve damage)
• Emotional distress (anxiety, depression, PTSD following a crash)
• Loss of enjoyment of life (inability to participate in activities you did before the crash)
• Loss of consortium (impact on your relationship with a spouse)
• Disfigurement or permanent scarring

Utah No-Fault Threshold

Under Utah's modified no-fault system, you must first exhaust your PIP coverage before you can sue for pain and suffering in most cases. Utah Code Section 31A-22-309 allows you to sue for general damages (including pain and suffering) once your medical expenses exceed your PIP limits, or if the injury results in permanent disability, permanent impairment, disfigurement, or death.

How Pain and Suffering Is Valued

There is no formula, but attorneys and insurers typically use a multiplier of 1.5 to 5 times economic damages, or a per-diem rate. Juries in Salt Lake County and Utah County have varied widely in pain and suffering awards depending on the evidence presented at trial.

Call BAM Injury Law at (801) 839-5652 for a free consultation on your claim.