Motor Vehicle Accident Economic Damages Expert in Utah

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for motor vehicle accident cases venued in Utah: the components the loss claim consists of, the records that drive them, and a present value built to Utah's damages rules and venues. Plaintiff and defense.

A motor vehicle accident economic claim ranges from a documented period of lost pay to lifetime earnings, household services, and care losses after a catastrophic crash, and the analysis is scaled to the injury the record describes. Read the full motor vehicle accident analysis guide.

Utah courts and expert standards

Utah courts require a threshold showing that an expert's principles and methods are reliable, rest on sufficient facts, and were reliably applied to the case, with the witness qualified by training and experience, and leave the remaining questions of weight to the jury. An economic damages report meets that threshold by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Utah Supreme Court. Federal venues: D. Utah. Court system: utcourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Utah Labor Commission.

Damages framework

Utah pairs a wrongful death action for the heirs' losses with a survival action for the decedent's own pre-death claims, and the state constitution bars any statutory limit on the amount recoverable for wrongful death. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies outside health care malpractice claims where collateral payments reduce the award, and prejudgment interest is available on the special damages actually incurred before judgment in personal injury cases.

How the analysis is built

The same four steps apply to a motor vehicle accident case venued in Utah; the damages framework above decides which components enter the total.

  1. Document the earnings history, the date the person left work, and any return to work at full or reduced capacity.
  2. Project the but-for earnings over a worklife expectancy with a stated wage growth rate and compare it with the post-injury path.
  3. Value fringe benefits from plan documents or published employer cost data, household services from time-use data, and future care from the life care plan.
  4. Discount each stream to present value at a stated rate and present the alternative scenarios where the return-to-work date or capacity is disputed.

Attorney guides for motor vehicle accident cases

Other case types in Utah

Frequently asked: motor vehicle accident cases in Utah

Which Utah courts hear motor vehicle accident cases?

Motor Vehicle Accident cases venued in Utah are heard in the District Court (General jurisdiction; 8 judicial districts; all civil, criminal, domestic, and juvenile matters). Final appeals run to the Utah Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Utah.

How does Utah's damages framework shape the economic analysis?

Utah pairs a wrongful death action for the heirs' losses with a survival action for the decedent's own pre-death claims, and the state constitution bars any statutory limit on the amount recoverable for wrongful death. Recovery is barred once the plaintiff's fault reaches half, the common-law collateral source rule applies outside health care malpractice claims where collateral payments reduce the award, and prejudgment interest is available on the special damages actually incurred before judgment in personal injury cases. Utah courts require a threshold showing that an expert's principles and methods are reliable, rest on sufficient facts, and were reliably applied to the case, with the witness qualified by training and experience, and leave the remaining questions of weight to the jury. An economic damages report meets that threshold by showing the published basis for each assumption and its fit with the record.

More questions about motor vehicle accident analysis

References

Request a consultation on motor vehicle accident cases in Utah or call (201) 343-0700. Plaintiff and defense counsel.