What a Jury Trial Looks Like in a Utah Personal Injury Case

Short answer: In a Utah district court personal injury case, the jury normally has eight people, and the verdict does not have to be unanimous: at least three-fourths of the jurors must agree. The injured person has to prove the case by a preponderance of the evidence, meaning more likely true than not. The jury also assigns percentages of fault and decides economic and noneconomic damages under instructions from the judge.

How many jurors, and how many must agree

Under Utah Code 78B-1-104, a civil jury has eight persons, except that it is four persons in a civil case for damages of less than $20,000, not counting costs, interest, and attorney fees. The parties may stipulate on the record to fewer jurors, and the verdict in a civil case must be by not less than three-fourths of the jurors. Rule 48 likewise lets the parties stipulate to a smaller jury or a stated majority.

The Model Utah Jury Instructions put this into practice. The model instruction on special verdicts (CV157) tells an eight-person jury that at least six jurors must agree on the answer to each question, and that they do not have to be the same six jurors on every question.

Before trial starts

At least 28 days before trial, each side serves the list of witnesses it will or may call, the deposition testimony it plans to use, and its exhibits. At least 14 days before trial, each side serves counter-designations and objections, and most objections not listed are waived (Rule 26(a)(5)). Pretrial motions about what evidence the jury may hear are argued in this window as well.

Choosing the jury

Prospective jurors are questioned in a process called voir dire. The judge may conduct it, the lawyers may, or both (Rule 47(a)). Jurors can be removed for cause, such as a stated bias, and each party also has three peremptory challenges, which remove a juror without stating a reason. Several plaintiffs or several defendants are treated as a single party for peremptory challenges unless there is a substantial controversy between them (Rule 47(e)).

The shape of a trial

Opening statements. Each side previews what it expects the evidence to show.
The plaintiff's case. Your testimony, treating providers, family or coworkers who see how the injury changed your life, and experts. The defense cross-examines each witness.
The defense case. Defense witnesses and experts, and your lawyer's cross-examination.
Jury instructions and closing arguments. The judge instructs the jury on the law, and each lawyer argues what the evidence proves.
Deliberation and verdict.

Throughout, jurors are told to decide the case only on the evidence they see and hear in the courtroom and the law the judge gives them, and not to research the case on their own (MUJI CV101).

The burden of proof

A civil case is not decided beyond a reasonable doubt. Model instruction CV117 tells jurors that a party with the burden must persuade them that a fact is more likely to be true than not true, the greater weight of the evidence, however slight. If the evidence on a point is evenly balanced, the fact has not been proved. Weighing the evidence is not counting witnesses; it is judging how persuasive the evidence is.

Fault

When a party asks, the jury allocates a percentage of fault to each person involved, including the injured person (Utah Code 78B-5-818). You recover only from defendants whose fault exceeds yours, so at 50 percent or more you recover nothing, and below that, your award is reduced by your share. No defendant pays more than its own proportion of fault. The special verdict form asks these questions one at a time.

How the jury is told to measure damages

The damages instructions separate two categories:

Economic damages compensate measurable losses of money or property (CV2003). For medical expenses, the committee note to that instruction, citing Gardner v. Norman, 2025 UT 47, limits the measurable loss to what the plaintiff or the plaintiff's insurer was or is actually obligated to pay, not the higher gross bill.
Noneconomic damages compensate everything else (CV2004). The instruction tells jurors there is no fixed formula and that no witness has to put a number on these losses. Among the things they may consider are the nature and extent of the injuries, physical and mental pain and suffering, how far the injury has kept you from your ordinary affairs, disfigurement, limits on the enjoyment of life, and whether and how long the effects will continue.

Jurors are also told that the plaintiff must show damages occurred and give a reasonable estimate of the amount; the law does not require mathematical certainty (CV2002). Our guide to damages in a Utah personal injury case explains how each category is proved.

The verdict, and what follows

When the required number of jurors agree, the verdict is read in court, and either side may ask that the jurors be polled (Rule 47(r)). Judgment follows. In an injury case the plaintiff may claim prejudgment interest on past special damages under Utah Code 78B-5-824. A party that wants to appeal generally has 30 days after entry of the judgment to file a notice of appeal (Utah R. App. P. 4(a)), with that period extended by certain post-trial motions.

Why a trial matters even when there is none

A trial is the only stage where neither side controls the result. That uncertainty is what gives mediation and a filed lawsuit their weight. We do not tell anyone a trial is certain to go their way, and we will give you a straight assessment of the risk at every stage. The decision whether to accept an offer or go to verdict is yours.

Common questions

Do I have to testify?

If your case is tried, expect to. Jurors want to hear from the person the case is about, and the defense will cross-examine you. Your deposition is often the preview.

Does the verdict have to be unanimous?

No. A Utah civil verdict requires at least three-fourths of the jurors, which is six of eight.

Can the case still settle during trial?

Yes. A case can resolve at any point before the verdict.

What happens if a settlement offer was higher than the verdict?

If it was a formal Rule 68 offer of judgment, the party who rejected it may face cost consequences. Otherwise the verdict controls.

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