Detailed Answer
In Utah, you generally have four years from the date of an accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. It means you must file your complaint in court within four years, or you likely lose your right to seek compensation. See Utah Code § 78B-2-307.
The clock starts on the “accrual date,” which is typically the date you sustain injury or suffer harm. If you discover injuries later, the discovery rule may apply in certain cases. Under this rule, the deadline can start when you reasonably knew or should have known about the injury.
Certain exceptions can extend (toll) the four-year deadline. Utah law tolls the statute of limitations for:
- Minors (those under age 18) until their 18th birthday (Utah Code § 78B-2-308).
- Persons of unsound mind until the disability ends (Utah Code § 78B-2-308).
If you sue a government entity for personal injury, you must first file a notice of claim, usually within 120 days after the injury. Consult the Utah Governmental Immunity Act for details.
Note: Claims against doctors for medical malpractice follow a two-year deadline under Utah Code § 78B-3-405. This shorter timeline applies to medical negligence cases, not general accidents.
Disclaimer: This article provides general information under Utah law and does not constitute legal advice. Consult an attorney to discuss how these rules apply to your case.
Helpful Hints
- Mark the accident date clearly to track your deadline.
- Consult a lawyer early to preserve evidence and secure witness statements.
- Know special deadlines for government claims and medical malpractice.
- Keep organized records of medical reports, bills, and expenses.
- Ask about tolling rules if a minor or mentally incapacitated party is involved.