Can I Sue for Pain and Suffering in Utah?

Yes. Utah law allows injured victims to recover non-economic damages including pain and suffering in personal injury claims. These damages are separate from and in addition to economic damages like medical bills and lost wages.

What Pain and Suffering Includes in Utah

• Physical pain during the injury and throughout recovery
• Emotional distress, anxiety, and depression caused by the accident
• Post-traumatic stress disorder (PTSD)
• Loss of enjoyment of life (inability to participate in hobbies and activities)
• Sleep disruption and chronic pain
• Fear of driving or traveling after a serious crash

Is There a Cap on Pain and Suffering in Utah?

Utah does not cap non-economic damages (including pain and suffering) in standard personal injury cases involving car accidents, truck accidents, or slip and fall injuries. However, there is a cap on non-economic damages in medical malpractice cases under Utah Code Section 78B-3-410.

How Pain and Suffering Is Calculated

There is no fixed formula. Insurance companies and juries use two common approaches:

• Multiplier method: Total economic damages multiplied by a factor of 1.5 to 5, depending on injury severity.
• Per-diem method: A daily dollar rate assigned to pain, multiplied by the number of days of active suffering.

Evidence that supports a pain and suffering claim includes medical records documenting pain levels, journal entries, testimony from treating physicians, and statements from family members who witnessed the impact of the injury on daily life.

Utah Comparative Fault and Pain and Suffering

Under Utah Code Section 78B-5-818, if you are found partially at fault for the accident, your pain and suffering award is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover any damages, including pain and suffering.

BAM Injury Law handles personal injury cases on a contingency fee basis. Call (801) 839-5652 for a free case evaluation.