I was in a Utah Car Accident. What Are Common Types of Damages in a Utah Car Accident?
Damages in a Utah car accident come in many different forms, but here are the most common damages in a Utah car accident.
(1). Pain & Suffering. Pain and suffering is also called general damages, or non-economic damages in Utah car accident law. General damages are defined by Utah law in the jury instructions to be:
(a) the nature and extent of injuries; Small scaring on forearms may have less value attached to them compared to scaring on the face.
(b) the pain and suffering, both mental and physical; Broken ribs are notorious painful possible needing more compensation than a scratch or bruising.
(c) the extent to which injured plaintiff has been prevented from pursuing their ordinary affairs; This jury instruction directly tries to capture how the injuries effect the person. A hand injury a middle career surgeon is completely different than hand injury to a warehouse manager.
(d) the degree and character of any disfigurement; Facial scaring on woman, versus a Soldier may have different money damages attached to them.
(e) the extent to which [name of plaintiff] has been limited in the enjoyment of life; and
(f) whether the consequences of these injuries are likely to continue and for how long. Permanency is always a significant factor in how money will be needed to make the injured party whole.
General damages try to make the injured person whole. General damages can be pain, suffering, inconvenience, trauma, physical injury, or mental injury.
Significant factors on general damages are the degree of permanency of the injuries and how it directly effects the injured person. Professional piano players are more directly effected by hand injuries than a warehouse manager.
(2). Economic. Economic damages are the amount of money that will fairly and adequately compensate the injured party for “measurable” losses of money or property caused by the wrongdoer at-fault party.
Common Utah Car Accident Economic Damages Are:
(a). Medical bills reasonable caused by the car accident.
(b). Future medical bills reasonable caused by the car accident.
(c). Past lost wages missed due to the car accident.
(d). Future lost wages missed due to the car accident.
(e). Impaired capacity to earn money.
(3). Pre-Interest. Prejudgment interest is allowed under Utah Code 78B-5-824. Interest commonly runs on all medical bills.
Each of these economic damages are precise and measurable.
Not So Common Damages in a Utah Car Accident.
(1). Punitive Damages. Punitive damages are allowed by statute in drunk driving car accident injury cases. Yet the vast majority of car accident cases factually do not allow for a punitive damages claim. Punitive damages are intended to punish a wrongdoer for extraordinary misconduct and to discourage others from similar conduct. They are not intended to compensate the injured party for their damages.
The reason why common negligence car accident cases don’t have punitive damages is because punitive damages require an aspect of intentionality. Whereas most negligence cases are not intentionally caused.
Proving Punitive Damages in a Utah Car Accident Case.
An injury plaintiff must prove punitive damages by clear and convincing evidence that the at-fault party’s conduct:
(1) was willful and malicious; or, (b) was intentionally fraudulent; or, (c) manifested a knowing and reckless indifference toward, and a disregard of, the rights of others, including the injured plaintiff.
(2). Attorney Fees for the Winning Party. Utah is not a loser pays state. Meaning if you win a civil lawsuit, the loser pays your attorneys fees. Utah, like most states follow the American Rule of attorney’s fees where each party bears their owns attorneys fees. The English Rule is a loser pays system.
(3). Costs. Cost are allowed to the winning party under Utah R. Civ. P 54. Costs are not handed out that much because most personal injuries are settled where the parties bear their own costs. If you take your case all the way to a verdict, judgement or arbitration award, then Utah R. Civ. P. 54 costs are taxed.
Common Costs in Utah Car Accidents Are:
(a). Filing fee. Usually $375. (b). Service costs. Varies, but around $75. (c). Subpoena fees. $25 or so. (d). Depositions actually used in litigation. $400 per depo.
Expert witness costs are not approved costs under Rule 54. But expert witness costs can be taxed under certain Utah underinsured and uninsured motorist statutes which allow for expert costs. See Utah Code 31A-22-305 and 305.3.
(4). Post-Judgment Interest. Post-judgment interest rates are authorized but rarely incurred as insurance company generally pay any judgment immediately.