Blog

What kind of damages can you recover for personal injuries in Utah?

Posted by Samantha Wilcox | Jan 24, 2024 | 0 Comments

When you are a victim of some kind of accident or incident in Utah that was caused by another person's negligent or intentional act, you may be entitled to recover damages. "Damages" is a legal term to represent the sum of money you deserve and are entitled to for any property damage, bodily injury, and any related costs. Damages are how the legal system tries to make you “whole again,” even though in many cases you will never be the same and no amount of money will ever make things right. That said, damages can help relieve financial stress and help people get their lives back on track.

Types of Damages in Utah

Damages can be categorized into different types: 

  1. Economic damages, which are damages that a person can objectively verify and calculate with documents such as invoices and receipts.  
  2. Non-economic damages, which are damages that cannot be objectively verified or mathematically calculated.
  3. Punitive damages, which are damages meant to punish the wrongdoer for their reckless and malicious actions. 

Economic Damages

Economic damages, also referred to as special damages, are usually easy to translate into dollars. Some examples of economic damages that you may be entitled to recover are: 

  • Property damage repairs- such as repairing your vehicle.
  • Property replacement-- such as replacing car seats that were in your vehicle at the time of an accident.
  • Medical bills.
  • Household expenses--such as the costs to pay someone to mow your lawn because you are too injured to perform this task yourself.
  • Transportation costs--such as UBER costs because your vehicle is too damaged to drive.
  • Lost wages-- associated with time that your doctor medically excuses you from working due to your injuries.
  • Loss of earning capacity-- which are damages that occur because your injuries are severe and have impaired your ability to function and work in the same industry or capacity that they did prior to the accident. 

In some cases, like proving reduced earning capacity, expert testimony is often needed.  In others, these damages can be proven with receipts, invoices, pay stubs, and other documents that prove the expense.  The lawyers at Wilcox & Mastrorocco will help you determine what economic damages you may be able to recover and identify the best evidence that can be used to prove the amount of your loss.  

Non-Economic Damages

Non-economic damages, sometimes called general damages, are damages that are not easily stated in a dollar amount. This category of damages is often referred to as "pain and suffering" and typically includes a request for compensation due to: 

  • Physical pain
  • Emotional suffering
  • Mental anguish
  • Loss of reputation
  • Loss of consortium
  • Loss of enjoyment of life

Proving these types of losses typically occurs through testimony from the victim, the victim's friends and family, and expert witnesses like mental health practitioner(s).

Punitive Damages

Punitive damages are far less common in comparison to other categories of damage.  Punitive damages are not designed to compensate the victim, but are awarded when the court or jury wants to punish the defendant for acting recklessly or maliciously. Courts rarely award punitive damages except in cases where the defendant's actions were so egregious that this type of punishment is necessary to deter future similar behavior.  With respect to auto accidents, punitive damages are typically only awarded if the defendant was driving while intoxicated. 

Punitive damages can be significantly more than economic and non-economic damages but are often limited by state law.

What Types of Personal Injury Cases in Utah Allow for Damages?

In many situations where you are injured or a loved one is killed, and it is caused by another person or entity's wrongful or negligent action or omission, you may be able to seek damages. Common examples of when you may be entitled to recover damages are:

  • Auto accidents, when another motorist caused the accident or you were riding as a passenger in a car that was involved in an accident.
  • Slip or trip and fall accidents.
  • Pedestrian or bicycle accidents, when a vehicle strikes you while you are walking as a pedestrian or riding your bicycle.
  • Dog bites or dog attacks where dog owners or dog sitters failed to maintain control of their animal or failed to protect others from their dog.
  • Medical malpractice cases where medical professionals or medical facilities failed to uphold their specific duties of care to their patients.

These are, of course, only some of the most common types of situations or relationships where, if an injury results from a breach of duty, the injured party may be able to claim damages. If you have been injured, it is always in your best interests to speak to a personal injury lawyer about the extent of your damages. 

When Do You Need a Personal Injury Attorney to Seek Damages in Utah?

You need a personal injury attorney as soon as possible if you want to seek any amount of damages for an injury or wrongful death. 

If you have been injured or a loved one has died and you believe it is the fault of another person or entity, then timing is critical. Each jurisdiction has its own statutes of limitations for these types of cases. The typical range to file a claim or lawsuit is between one to three years, but there are exceptions, especially when the matter involves children or a public entity. 

The only way to know for sure if you have a case, the value of that case, and how long you have to negotiate and/or file a lawsuit is through the help of a personal injury or wrongful death attorney in Utah. 

Contact Wilcox & Mastrorocco to see What Damages You May be Entitled to Recover.

To get the representation you need so that you obtain full and fair compensation for all damages in your specific circumstances, reach out to Wilcox & Mastrorocco today and schedule a Free Strategy Consultation.  We are committed to helping injured Utahans obtain maximum compensation in the most efficient way. 

We can be contacted through our online form on this website or by calling us directly at 801-960-4046.

About the Author

Samantha Wilcox

Since being admitted to the Utah State Bar, Samantha's practice has been focused on the resolution of all types of personal injury and wrongful death cases, including automobile and motorcycle negligence, truc...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

We Can Make Things Right

Wilcox & Mastrorocco is here to listen to you, navigate you through the complex legal system, and guide you on your path to injury recovery. Let us shoulder your stress regarding your injury claim and get you the compensation you are owed.

Contact Us Today

Wilcox & Mastrorocco offers a free consultation within 24 business hours, and we will gladly discuss your case with you at your convenience. Contact us today to schedule your no-risk appointment. Hablamos español.