The methods insurers and lawyers use to value non-economic harm.
No two injury claims are worth the same amount. Value depends on the severity of your injuries, the strength of liability, the available insurance, and how much fault — if any — Utah's 50% rule assigns to you.
What goes into case value
- Economic damages: medical bills, lost wages, future care.
- Non-economic damages: pain, suffering, loss of enjoyment.
- The clarity and strength of the liability evidence.
- Available insurance coverage and policy limits.
- Any reduction for your share of fault under the 50% rule.
Because Utah's modified comparative negligence rule bars recovery once a person is 50% or more at fault (Utah Code § 78B-5-818), even a strong claim loses value if the insurer succeeds in shifting blame onto you. Controlling the fault narrative is part of maximizing recovery.
Why early lowball offers mislead
Insurers often offer a fast, small settlement before the full extent of an injury is known. Once you sign a release, you cannot reopen the claim — even if you need more treatment later.
Building maximum value
Consistent medical care, documented future needs, preserved evidence, and skilled negotiation all push value up. A lawyer assembles these elements into a demand the insurer takes seriously.
Injured in Utah? Injury Claim Team connects you with experienced personal injury attorneys across the state. Call 973-566-5599 for a free, confidential case review — available 24/7, no fee unless you win.