Personal injury settlement value depends on many factors, including medical expenses, lost wages, fault percentages, and insurance policy limits. In Utah, comparative negligence (fault-sharing rules) can reduce or bar recovery based on your share of fault.
Knowing how Utah’s comparative negligence affects settlement amounts helps you evaluate offers, decide whether to hire an attorney, and set realistic expectations. Key topics include Utah’s 50% bar rule, how fault percentages affect recovery, and how settlement valuation works in Midvale cases.
Key Takeaways for Utah Personal Injury Settlement Amounts
- Utah follows modified comparative negligence—if your fault exceeds 50%, you cannot recover any damages.
- Your settlement gets reduced by your fault percentage: 30% fault on a $100,000 case means you receive $70,000.
- Economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) both get reduced proportionally by your fault.
- Settlement valuation depends on injury severity, liability strength, medical treatment type, comparative fault, and available insurance coverage.
- Midvale accidents on I-15, State Street, and at major intersections frequently involve comparative negligence disputes that affect final settlement amounts.
Understanding Utah’s Comparative Negligence Law
Utah applies modified comparative negligence under Utah Code § 78B-5-818, which bars recovery when a claimant’s fault exceeds the fault of the person or persons from whom recovery is sought. This statute controls how fault affects your ability to recover compensation in personal injury cases.
The 50% Bar Rule
You may recover damages only if your fault does not exceed 50%. If you are more than 50% at fault, you cannot recover. This differs from pure comparative negligence states, where a 99%-at-fault plaintiff can still recover 1% of damages.
The threshold creates a critical line. At 50% fault, you recover 50% of your damages. At 51% fault, you recover zero. This cutoff makes fault determination central to settlement negotiations.
How Fault Percentage Reduces Your Recovery
If your fault does not exceed 50%, your recovery is reduced in proportion to your fault. If your total damages equal $100,000 and you are 20% at fault, you receive $80,000. If you are 40% at fault, you receive $60,000.
This reduction applies to total damages, both economic and non-economic. Your medical bills, lost wages, pain and suffering, and all other damage categories get reduced by the same percentage.
Insurers apply this law when evaluating claims. Adjusters often argue that claimants share fault, which reduces settlement amounts. Insurers often try to assign some fault to claimants to reduce payouts—a negotiation tactic rather than a legal standard.
Common Midvale Scenarios Involving Comparative Negligence
Comparative negligence disputes are common in Midvale accidents. I-15 collisions often involve allegations of speeding or following too closely by both drivers. State Street intersection crashes often involve claims that both parties failed to yield or were distracted.
Parking lot accidents at Fashion Place and other commercial areas often involve comparative negligence claims. Left turns, lane changes, and sudden-braking rear-end events frequently create fault disputes.
Traffic citations may influence but do not determine fault percentages. A ticket suggests fault but does not establish a percentage. The other driver’s citation may help but does not guarantee you are fault-free.
How Personal Injury Settlements Are Calculated
Settlement valuation starts by quantifying all damages, then applying fault percentages and considering insurance limits and negotiation realities.
Economic Damages
Economic damages are measurable financial losses caused by your injuries. Under Utah’s no-fault law (Utah Code § 31A-22-309), an injured motorist must incur at least $3,000 in reasonable medical expenses—or meet another threshold such as permanent disfigurement or disability—before pursuing a claim for pain and suffering against the at-fault driver. Medical expenses include emergency care, hospitalization, surgery, physical therapy, prescriptions, medical equipment, and future care.
Lost wages cover time missed from work during recovery. Property damage covers vehicle repair or replacement. Out-of-pocket expenses include transportation to appointments, household help during recovery, and other documentable costs.
Non-Economic Damages
Non-economic damages address subjective losses without set prices. Pain and suffering reflects past and ongoing physical pain. Loss of enjoyment of life reflects activities you cannot do or enjoy as before.
Utah does not cap non-economic damages in standard personal injury cases, but under Utah Code § 78B-3-410, non-economic damages in medical malpractice cases are capped at $450,000 for recent injury years, adjusted periodically for inflation by the Utah Legislature.
The Multiplier Method
Attorneys and insurers sometimes use the multiplier method to estimate non-economic damages. This approach multiplies total medical expenses by 1.5 to 5 based on injury severity.
Minor soft-tissue injuries with full recovery often use multipliers of 1.5 to 2. Moderate injuries requiring surgery or causing temporary disability might receive multipliers of 2 to 3. Serious injuries with permanent impairment may use multipliers of 3 to 5 or higher.
Multiplier drivers include injury severity and permanence, treatment type, liability strength, objective verification, and impact on daily life. The multiplier method offers rough estimates, not precise valuations.
Practical Settlement Factors
Practical issues also influence real-world settlement numbers. Consider the following when evaluating an offer.
- As of 2025, Utah’s minimum mandatory liability coverage is $30,000 per person, $65,000 per accident for bodily injury, and $25,000 for property damage (Utah Code § 31A-22-304). Many drivers carry only these minimums, limiting available compensation even for serious injuries.
- Liability strength affects settlement value. Clear liability yields higher settlements than disputed liability scenarios. Available evidence—photos, witnesses, police reports, surveillance footage—strengthens or weakens your position.
- Medical treatment type and consistency matter. Regular treatment following doctor recommendations supports your claim. Treatment gaps, refusing recommended treatment, or minimal medical care reduce settlement value.
- Pre-existing conditions affecting the same body parts may reduce damages. Insurance companies may argue they should pay only for new injuries, not aggravation of pre-existing conditions.
Taken together, these items shape the negotiation range even before comparative fault applies.
Calculating Your Settlement After Comparative Negligence
Assessing comparative negligence requires realistic damage estimates and fault assumptions.
Step-by-Step Calculation Example
Imagine a Midvale intersection collision where you suffered a broken arm requiring surgery. Your damages include $25,000 in medical expenses, $8,000 in lost wages, and $3,000 in property damage. Economic damages total $36,000.
For non-economic damages, your injury severity, permanent scarring from surgery, three months of pain, and activity restrictions suggest a multiplier of 2.5. Multiplying your $25,000 medical expenses by 2.5 yields $62,500 in non-economic damages.
Total damages equal $98,500 ($36,000 economic + $62,500 non-economic).
If you bear no comparative fault (0%), you might recover the full $98,500, subject to insurance policy limits. At 10% comparative fault, your recovery reduces to $88,650. At 20% fault, you receive $78,800. At 30% fault, you receive $68,950. At 40% fault, you receive $59,100. At 50% fault, you receive $49,250. At 51% or greater fault, you receive nothing.
How Insurance Companies Use Comparative Negligence
Insurers apply comparative negligence to reduce settlement amounts. Adjusters may assign 20%–40% fault even in strong-liability cases, which supports offers at 60%–80% of damages.
Without representation, insurers may present fault assessments as final rather than negotiable. Attorneys challenge these assessments by gathering evidence, obtaining witness statements, using accident reconstruction when needed, and negotiating fault percentages.
When Comparative Negligence Bars Your Claim Completely
Under Utah’s bar rule, some injury victims cannot recover despite significant damages if their fault exceeds 50%.
Common Majority-Fault Scenarios
Certain behaviors frequently trigger majority-fault findings. Common examples include the following.
- Running red lights or stop signs frequently results in majority-fault determinations.
- Wrong-way driving, DUI crashes where you were impaired, and rear-ending a vehicle from behind when it was stopped or slowing typically result in majority fault findings.
- Turning left across traffic without adequate clearance, entering traffic from parking lots without yielding, and changing lanes without checking blind spots all create high fault risk.
- However, even these scenarios sometimes involve shared fault. If you ran a red light but the other driver was speeding excessively, comparative fault might be split 60-40 or even 55-45 depending on specific facts.
Fact-specific evidence controls outcomes. Preserve records and obtain statements when possible.
Fighting Majority Fault Determinations
If an insurer claims your fault exceeds 50%, thorough investigation is important. Police reports, traffic camera footage, witness statements, accident reconstruction analysis, and vehicle damage patterns all provide evidence for fault disputes.
Evaluating Insurance Settlement Offers
Many settlement offers arrive before full damages or Utah’s comparative negligence law are understood. Evaluating fairness requires calculating total damages, assessing realistic fault percentages, and understanding negotiation dynamics.
Red Flags in Settlement Offers
Quick offers before treatment ends suggest a push to settle before the full extent of injuries is known. Offers that omit categories like lost wages, future care, or pain and suffering substantially undervalue a claim.
Pressure statements such as “expires in 48 hours” or “final offer” aim to force acceptance before evaluation. Offers dramatically lower than your calculated damages without clear comparative negligence justification likely undervalue your case.
Factors Suggesting Fair Offers
Some insurance offers are fair. If liability is disputed with legitimate shared fault evidence, if your injuries were minor with full recovery, if medical treatment was minimal, or if policy limits restrict available coverage, lower offers might be appropriate.
Detailed explanations of category values and applied comparative fault with supporting reasoning may indicate a good-faith evaluation.
How Attorneys Affect Settlement Amounts
Some research shows that represented claimants recover more than unrepresented claimants, though not in every case.
When Attorney Representation Increases Recovery
Attorneys typically increase settlement value for moderate-to-serious injuries, disputed liability cases, comparative negligence disputes, cases involving permanent impairment, and claims where insurance companies deny coverage.
Attorneys investigate thoroughly, calculate damages comprehensively, negotiate, and prepare for litigation when necessary. Insurers may take represented claims more seriously and make stronger offers.
When Self-Representation Might Make Sense
Very minor injuries with minimal treatment, clear liability without comparative negligence issues, and property-damage-only claims may not justify attorney fees. If your total damages are under $5,000 and liability is clear, handling your own claim might make financial sense.
Consultations are free with most personal injury firms. At a consultation, a lawyer can help you assess whether representation makes financial sense for your case.
FAQ for Utah Personal Injury Settlement Amounts
How Much Is My Personal Injury Case Worth in Utah?
Your case value depends on your total economic damages (medical bills, lost wages, property damage), non-economic damages (pain, suffering, life impact), comparative fault percentage, liability strength, and available insurance coverage.
Is My Insurance Settlement Offer Fair?
Evaluating fairness requires calculating your total damages, assessing realistic comparative fault, and comparing the offer to your net recovery after fault reduction. If the insurer’s offer roughly equals your calculated damages minus a reasonable fault percentage, the offer might be fair. If the offer is substantially lower without clear justification, it likely undervalues your claim. Consider consulting a personal injury attorney for a free case evaluation.
How Much More Will I Get With a Lawyer?
Represented claimants tend to receive settlements that are higher on average than unrepresented claimants. However, every case is different. Minor claims with clear liability might not benefit significantly from representation after accounting for contingency fees. Moderate-to-serious injury cases with disputed liability or comparative negligence typically see substantial value increases with attorney representation.
Understanding Your Settlement Options
Personal injury settlement valuation involves complex factors, from calculating economic and non-economic damages to navigating Utah’s comparative negligence law. Understanding how fault percentages reduce your recovery helps you evaluate insurance offers critically and decide whether to accept a settlement or hire an attorney.
Parker & McConkie Injury Lawyers provides free case evaluations for Midvale injury victims. We calculate your damages comprehensively, assess comparative fault realistically, review insurance settlement offers at no charge, and explain whether attorney representation makes financial sense for your specific case.
Our Midvale office serves injured victims throughout Salt Lake County. We handle I-15 crashes, State Street collisions, intersection accidents, and all personal injury case types. We work on a contingency fee—you pay no attorney fees unless we recover compensation for you.
Don’t accept or reject an insurance settlement offer without understanding Utah’s comparative negligence law and how it affects your recovery. Call (801) 418-9797 or contact Parker & McConkie Injury Lawyers today for your free consultation. We’ll evaluate your case honestly and explain your options clearly.
