If you’ve been hurt in an accident in Utah, you’re probably wondering what happens next. One of the most common questions people ask is: Will my personal injury case go to trial? The good news is that most personal injury claims in Utah do not end up in court. Instead, the vast majority are settled through negotiations with insurance companies before ever seeing a courtroom. But that doesn’t mean the threat of trial isn’t important—or that you shouldn’t be prepared for it.
Understanding the Personal Injury Process in Utah
A personal injury case typically starts with an accident—like a car crash, slip and fall, or other incident where someone else’s negligence caused you harm. In Utah, you have the right to pursue compensation for medical bills, lost wages, pain and suffering, and other damages if someone else’s negligence or wrongful act caused your injuries.
The first step in any personal injury case is usually filing a claim with the at-fault party’s insurance company. Your attorney will send a demand letter explaining your damages, the facts of the accident, and the amount you’re seeking in compensation. Most of the time, this demand leads to settlement negotiations.
If both sides can agree on fair compensation, you sign a release, get paid, and avoid court entirely. But if negotiations break down, you may need to file a lawsuit in civil court to protect your rights and push for fair compensation.
Utah’s Statute of Limitations
One important aspect of Utah law you should know is the statute of limitations. Under Utah Code § 78B-2-307, you generally have four years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to recover any compensation at all.
This deadline is a key reason why many injury victims in Utah choose to consult a personal injury attorney early. A lawyer can help ensure your claim is properly documented, negotiations are handled professionally, and a lawsuit is filed on time if necessary.
Why Most Personal Injury Cases Settle
You’ve probably heard that most personal injury cases settle, and that’s true in Utah, just like everywhere else. Studies consistently show over 90% of personal injury claims settle before trial. Why?
Here are some key reasons:
- Predictability: Settlements allow both sides to control the outcome, instead of risking an unpredictable jury verdict.
- Speed: Trials can take years. Settlements often resolve claims faster, getting victims the compensation they need sooner.
- Cost: Trials are expensive. Settlements avoid extra court costs, expert witness fees, and attorney time.
- Emotional strain: Lawsuits and trials can be stressful and invasive. Settling avoids prolonged conflict.
For injured people dealing with pain, lost work, and medical bills, the appeal of a faster, more predictable settlement is obvious.
When Cases Go to Trial in Utah
Even though most claims settle, some personal injury cases in Utah do go to trial. Understanding why can help you be prepared if your case is one of them.
Here are the most common reasons a case ends up in court:
- Disputed liability: If the insurance company denies that their insured caused the accident, you may have to prove fault in court.
- Disagreements over damages: Even if fault is clear, insurers may dispute the value of your medical expenses, lost wages, or pain and suffering.
- Bad faith tactics: Sometimes, insurers simply refuse to negotiate fairly, leaving you no choice but to file suit.
- Comparative fault: Utah follows a modified comparative fault system under Utah Code § 78B-5-818. If you’re partially at fault, your damages may be reduced proportionally, and insurers often fight over these percentages.
A trial becomes the last resort when negotiation fails or the insurer refuses to pay what you’re entitled to.
What Happens If Your Case Goes to Trial?
If your personal injury lawsuit proceeds to trial in Utah, here’s a general idea of what to expect:
- Filing the complaint: Your attorney files a lawsuit in the appropriate Utah district court, outlining your claims and damages.
- Discovery: Both sides exchange evidence, take depositions, and build their cases. This can last several months.
- Mediation or settlement talks: Even after filing, most cases still settle before trial—often during court-ordered mediation.
- Trial: If no settlement is reached, your case goes to trial. Both sides present evidence and arguments, and a judge or jury decides the outcome.
- Verdict and appeals: If you win, the court enters a judgment for damages. The losing side can appeal, but appeals usually focus on legal errors, not re-arguing facts.
Trials are formal and complex. They can take days or weeks and often involve expert witnesses, medical records, accident reconstruction, and testimony about damages.
How an Experienced Utah Personal Injury Attorney Helps
Facing an insurance company alone is intimidating. Adjusters know the system and often use delay tactics or lowball offers to pressure unrepresented victims. Having a skilled personal injury lawyer can level the playing field.
Here’s how an attorney can help you:
- Case Evaluation: Assess the true value of your claim, including all damages.
- Evidence Collection: Gather police reports, medical records, witness statements, and expert opinions.
- Negotiation: Handle all communication with insurers and fight for a fair settlement.
- Litigation: If necessary, prepare a strong case for trial and advocate before a judge or jury.
- Peace of Mind: Guide you through Utah’s legal process, deadlines, and requirements so you can focus on healing.
Even if you hope to avoid court, having an attorney shows the insurer you’re serious and willing to go to trial if needed. This often leads to better settlement offers.
Practical Advice for Utah Injury Victims
If you’re injured in an accident in Utah, don’t assume your case will automatically go to trial—but don’t assume it will be easy to settle, either. Document everything, seek medical attention immediately, and avoid giving the insurer recorded statements without legal advice.
Contacting an experienced Utah personal injury lawyer early can make the process smoother and help you avoid costly mistakes. Whether your case settles quickly or requires a trial, you’ll know your rights are protected and you’re pursuing the compensation you truly deserve.
Contact Parker & McConkie Personal Injury Lawyers for a Free Consultation
Understanding your options is the first step toward rebuilding your life after an injury. If you have questions about whether your case might go to trial in Utah, consider scheduling a free consultation with Parker & McConkie Personal Injury Lawyers to discuss your specific situation and learn about the best path forward. Contact us at (801) 851-1202.
