Detailed Answer — How Utah’s statute of limitations affects unresolved personal injury claims
In Utah most personal injury claims must be filed in court within four years of the date the injury occurred. See Utah Code §78B-2-305: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html. If you do not settle a claim before that deadline, the key issue is whether you or the other side take steps to preserve your right to recover money.
What “not settling” means legally
Not settling simply means you have not reached a binding agreement resolving the claim. That by itself does not kill the claim — what matters is whether you file a lawsuit before the limitations period runs out or take other legally recognized steps to extend (toll) the deadline.
If you neither settle nor file suit before the deadline
- The defendant can raise the statute of limitations as an affirmative defense. If the court agrees, the claim will be dismissed and you will generally lose the right to recover money for that claim.
- A dismissal on statute-of-limitations grounds typically is with prejudice, meaning you cannot refile the same claim later.
- Only narrow exceptions will let you proceed after the deadline — for example, tolling rules for minors or legally incapacitated persons, or other equitable exceptions in limited circumstances. Those exceptions have strict requirements and short windows.
If you file suit before the deadline
Filing a lawsuit before the statute expires preserves your claim even if settlement talks continue afterward. Once the complaint is timely filed, you can keep negotiating or accept an offer. Filing protects your right to a recovery through the court process if settlement fails.
Common exceptions and ways to preserve your claim
- Tolling for minors or incapacitated persons — Utah law allows tolling in certain situations so the time period does not run while a plaintiff is a minor or under disability. See the Utah limitations chapter for details: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2.html.
- Written tolling (agreement) — parties can sign a written agreement that extends the deadline while they negotiate. If you need more time to settle, get a tolling agreement in writing and signed by the defendant or its insurer.
- Fraudulent concealment or discovery exceptions — in limited circumstances where the defendant hid the harm or the harm was truly undiscoverable, the run date for the limitations period can be delayed. These exceptions are fact-specific and require legal analysis.
Practical consequences you should know
- Settlement talks do not automatically stop the clock. Unless you have a written tolling agreement or you file suit, time keeps running.
- If you miss the deadline and the court dismisses your claim, you almost always lose the ability to recover money later.
- Filing a timely complaint is often the safest way to protect your claim if you are unsure whether settlement will occur before the deadline.
Helpful Hints
- Calculate your deadline immediately: start from the date of the injury (or the date you discovered the injury when a discovery rule applies). Use Utah Code §78B-2-305 as your starting point: Utah Code §78B-2-305.
- Put important dates in writing and set calendar reminders well before the deadline (60–90 days is safer).
- If you are negotiating a settlement but need more time, ask the other side for a written tolling agreement that extends the statute of limitations.
- Preserve evidence: medical records, photos, repair bills, witness contact information, and communications with insurers or the at-fault party.
- Notify your insurer and keep careful records of all communications and settlement offers.
- If you think you may be time-barred, consult a Utah personal injury attorney promptly — they can advise on tolling, exceptions, and whether to file suit to preserve your claim.
Disclaimer: This article explains general Utah personal injury limitations rules for informational purposes only. It does not constitute legal advice. For specific legal advice about your situation, contact a licensed attorney in Utah.