Utah Code » Title 78B, Chapter 3 — Civil Actions; part 78B-3-4 — Utah Health Care Malpractice Act
Utah Code

Utah Code § 78B-3-405 (2026)

Amount of award reduced by amounts of collateral sources available to plaintiff -- No reduction where subrogation right exists -- Collateral sources defined -- Procedure to preserve subrogation rights -- Evidence admissible -- Exceptions

✓ current as of May 2026
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In all malpractice actions against health care providers as defined in Section 78B-3-403 in which damages are awarded to compensate the plaintiff for losses sustained, the court shall reduce the amount of the award by the total of all amounts paid to the plaintiff from all collateral sources which are available to him. No reduction may be made for collateral sources for which a subrogation right exists as provided in this section nor shall there be a reduction for any collateral payment not included in the award of damages.
Upon a finding of liability and an awarding of damages by the trier of fact, the court shall receive evidence concerning the total amounts of collateral sources which have been paid to or for the benefit of the plaintiff or are otherwise available to him. The court shall also take testimony of any amount which has been paid, contributed, or forfeited by, or on behalf of the plaintiff or members of his immediate family to secure his right to any collateral source benefit which he is receiving as a result of his injury, and shall offset any reduction in the award by those amounts. Evidence may not be received and a reduction may not be made with respect to future collateral source benefits except as specified in Subsection (5).
For purposes of this section "collateral source" means payments made to or for the benefit of the plaintiff for:
medical expenses and disability payments payable under the United States Social Security Act, any federal, state, or local income disability act, or any other public program, except the federal programs which are required by law to seek subrogation;
any health, sickness, or income replacement insurance, automobile accident insurance that provides health benefits or income replacement coverage, and any other similar insurance benefits, except life insurance benefits available to the plaintiff, whether purchased by the plaintiff or provided by others;
any contract or agreement of any person, group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services, except benefits received as gifts, contributions, or assistance made gratuitously; and
any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during a period of disability.
To preserve subrogation rights for amounts paid or received prior to settlement or judgment, a provider of collateral sources shall, at least 30 days before settlement or trial of the action, serve a written notice upon each health care provider against whom the malpractice action has been asserted. The written notice shall state:
the name and address of the provider of collateral sources;
the amount of collateral sources paid;
the names and addresses of all persons who received payment; and
the items and purposes for which payment has been made.
Evidence is admissible of government programs that provide payments or benefits available in the future to or for the benefit of the plaintiff to the extent available irrespective of the recipient's ability to pay. Evidence of the likelihood or unlikelihood that the programs, payments, or benefits will be available in the future is also admissible. The trier of fact may consider the evidence in determining the amount of damages awarded to a plaintiff for future expenses.
A provider of collateral sources is not entitled to recover any amount of benefits from a health care provider, the plaintiff, or any other person or entity as reimbursement for collateral source payments made prior to settlement or judgment, including any payments made under Title 26B, Chapter 3, Part 10, Medical Benefits Recovery, except to the extent that subrogation rights to amounts paid prior to settlement or judgment are preserved as provided in this section.
All policies of insurance providing benefits affected by this section are construed in accordance with this section.
Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2012–2025 · leading case: Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (Utah 2012).
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Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (Utah 2012). · cites it 6× “Urax CopE § 78B-3-405. 7 Although collateral source evidence is still not considered appropriate for jury consideration, the Legislature has altered the common law poli-ey presumption that "favorfed] giving the plaintiff a double recovery.”
Jensen (D. Utah 2025). · cites it 3× “See generally Utah Code Ann. § 78B-3-405. For damages in malpractice claims, “the court shall reduce the amount of the award by the total of all amounts paid to the plaintiff from all collateral sources[,]” except where a collateral source has a subrogation right or the…”
Jean Dedmon v. Debbie Steelman, 535 S.W.3d 431 (2017). “§ 55 -7B-9a (LexisNexis 2016); Utah Code Ann. § 78B-3-405 (2012). 23 .Colorado and Idaho permit the trial court to reduce the plaintiff's verdict after trial.”
Gardner v. Norman, 2025 UT 47 (Utah 2025). “See generally UTAH CODE § 78B-3-405. When a plaintiff receives damages in a malpractice action, “the court shall reduce the amount of the award by the total of all amounts paid to the plaintiff from all collateral sources.”
Jensen (D. Utah 2025). · cites it 2× “See generally Utah Code Ann. § 78B-3-405. accident involved injuries.”
Rodriguez v. Diede, 2025 UT App 68 (Utah Ct. App. 2025). · cites it 2× “¶ 32 (quoting Utah Code § 78B-3-405(1), (2)). It further noted, however, that “the statute limits these reductions by prohibiting any reduction in a damages award for collateral sources that have subrogation rights.”
Utah Code § 78B-3-405(1): 3 cases
Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (Utah 2012). “Urax CopE § 78B-3-405. 7 Although collateral source evidence is still not considered appropriate for jury consideration, the Legislature has altered the common law poli-ey presumption that "favorfed] giving the plaintiff a double recovery.”
Rodriguez v. Diede, 2025 UT App 68 (Utah Ct. App. 2025). “¶ 32 (quoting Utah Code § 78B-3-405(1), (2)). It further noted, however, that “the statute limits these reductions by prohibiting any reduction in a damages award for collateral sources that have subrogation rights.”
Jensen (D. Utah 2025). “See generally Utah Code Ann. § 78B-3-405. For damages in malpractice claims, “the court shall reduce the amount of the award by the total of all amounts paid to the plaintiff from all collateral sources[,]” except where a collateral source has a subrogation right or the…”
Utah Code § 78B-3-405(8)(b): 1 case
Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (Utah 2012). “Urax CopE § 78B-3-405. 7 Although collateral source evidence is still not considered appropriate for jury consideration, the Legislature has altered the common law poli-ey presumption that "favorfed] giving the plaintiff a double recovery.”
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