Utah Personal Injury Statutes of Limitations
What is a Statute of Limitations?
A statute of limitation is a law that establishes a time limit for how long after an incident you can file a claim for compensation or liability (the time allowed to file a court case). Statutes of limitation exist in every single state for almost all torts, including personal injury claims, wrongful death, premises liability, and more.
For example, there is a four-year statute of limitation for auto accidents in Utah. This means that you must file your personal injury claim within four years of the date of the accident.
Statutes of limitation can be complicated. The consequences of relying on the wrong time limitation can be severe. If the statute of limitations has “run” or passed, a court can dismiss the case.
A personal injury attorney can help you determine what the statute of limitations is for your specific case. Otherwise, your case could be barred and over before it ever starts.
What Factors Can Impact the Statute of Limitations?
The statute of limitations is not always a hard-and-fast time frame. There are several factors that can lengthen or shorten the amount of time you have to file a court case. In some cases, the time limitation starts from the date of the accident or injury. In other cases, it starts from the date the harm was discovered or should have been discovered, or not until a minor reaches age 18.
There are other triggers as well. It is important to know when to start counting time. An attorney can help you determine which factors are relevant to your case and what the statute of limitations is for your claim.
Type of case
Whether your illness or injury was caused by a motor vehicle crash, a slip-and-fall accident, or a defective product will impact the amount of time you have to file your claim.
Workers’ compensation cases, for example, have several different deadlines that one must remember. Most critical in workers’ compensation is that an accident must be reported to the employer within 180 days. After that, there are varying time limits for submitting medical bills and filing claims with the Labor Commission.
Contact a personal injury attorney to help you understand what the applicable deadlines are for your specific case.
Government entities
If you are filing a claim against a government agency, the statute of limitations is much shorter. While the statute of limitations for personal injury cases is typically four years in Utah, you generally only have only one year to take legal action against a government entity.
Age of the claimant
While the statute of limitations typically begins on the date of the injury, if the injured person is a minor, it may not begin until after they turn 18 years old. If they wish to file before they become of-age, a parent or legal guardian may file on their behalf.
Discovery rules
For some types of cases, the statute of limitations may begin from the date the injury was discovered or should have been discovered.
What Is the Statute of Limitations for Personal Injury Claims in Utah?
No two personal injury cases are the same, so there is no one-size-fits-all rule to cover them. Depending on the nature of your case, you may have a longer or shorter period of time to settle your claim.
Always consult and talk with a professional attorney to ensure you are relying on the correct statute of limitation time limit for your specific case
In general, the normal statutes of limitation for personal injury cases in Utah are as listed below.
| Type of Claim | Statute of Limitations | Code Section |
| Car accident injuries | 4 years | Utah Code Ann. §78B-2-307 |
| Property damages | 3 years | Utah Code Ann. §78B-2-305(2) |
| Motorcycle accident | 4 years | Utah Code Ann. §78B-2-307 |
| Pedestrian accident | 4 years | Utah Code Ann. §78B-2-307 |
| Dog bite injury | 4 years | Utah Code Ann. §78B-2-307 |
| Defective drugs | 2 years | Utah Code Ann. § 78B-6-706 |
| Bicycle accident | 4 years | Utah Code Ann. §78B-2-307 |
| Utah Transit Authority (UTA) Bus accident | 1 year | Utah Code Ann. §63G-7-402 |
| Slip and fall | 4 years | Utah Code Ann. §78B-2-307 |
| Truck accident | 4 years | Utah Code Ann. §78B-2-307 |
| Wrongful death | 2 years | Utah Code Ann. §78B-2-304(2) |
| Medical malpractice | 2 years | Utah Code Ann. §78B-3-404(1) |
| Product Liability | 2 years | Utah Code Ann. §78B-6-706 |
How Can I Avoid Running Out of Time on My Utah Personal Injury Case?
If you have been injured, and you think you are going to need compensation from the party responsible, you should contact a personal injury lawyer as soon as possible.
Many cases can be settled without litigation, but negotiations with insurance companies can take a long time. If the statute of limitations is close to expiring, your attorney may have to file a personal injury lawsuit to keep your claim from vanishing because you’ve run out of time.
It is important to contact an experienced Utah personal injury attorney as soon as you think you might have a claim. They can help you understand the personal injury laws that apply to your case and get your claim filed in a timely manner.
The Utah Advocates have been helping accident victims for more than 30 years, and we are ready to help you too. With an Advocate on your side, you can rest easy knowing that your case is in competent hands.
Contact us today for a free consultation. You deserve an attorney who will put you, your loved ones, and your personal injury claim first. You deserve an Advocate.