Utah: Statute of Limitations for Assault Claims — Filing Deadlines Explained

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Filing Deadlines for Assault-Related Claims in Utah

Disclaimer: This article is for general information only and is not legal advice. Consult a licensed Utah attorney to get advice tailored to your situation.

Detailed Answer

Utah separates criminal prosecution deadlines from civil lawsuits. If you were hurt or threatened and are thinking about a civil claim (an intentional-tort claim such as assault or battery), the usual time limit to bring that lawsuit is four years from the date of the injury. That deadline comes from Utah’s statute of limitations for actions that seek recovery for injury to a person or damage to personal property (see Utah Code §78B-2-305: https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html).

Key points about the civil (tort) deadline:

  • The four-year clock generally begins on the date the assault or injury occurred.
  • If the injury was not discovered right away, certain discovery rules or tolling doctrines may apply in limited circumstances — but Utah courts do not automatically extend the four-year period for every delayed discovery.
  • The clock may pause (toll) for minors or for plaintiffs who are legally incapacitated. Specific tolling rules depend on the facts and the statute language, so check with an attorney if this may apply.
  • Claims against government entities or public employees often require a shorter notice period and special procedural steps before filing a lawsuit. See Utah’s governmental-immunity provisions for required notice and deadlines (Title 63G, Chapter 7) at: https://le.utah.gov/xcode/Title63G/Chapter7/63G-7.html.

Criminal proceedings are separate. A criminal assault charge is brought by the state, not the injured person, and the statute of limitations for criminal offenses depends on the type of crime. Many serious violent felonies have no statute of limitations, while lesser offenses may have time limits. Speak with law enforcement or a prosecutor’s office if you want to know whether criminal charges remain possible.

Because the legal clock can be affected by many factors (type of claim, identity of the defendant, the plaintiff’s age or mental status, and whether a government actor is involved), you should consult a Utah attorney promptly to preserve your rights.

Helpful Hints

  • Act quickly. Even when the deadline looks generous, gathering evidence and filing paperwork takes time.
  • Document everything. Keep photos, medical records, police reports, witness names, and any communications with the other party.
  • Get medical care. A medical record both protects your health and documents injuries that support a claim.
  • If the defendant is a government agency or employee, research and follow statutory notice rules right away; missing those deadlines often bars a case.
  • Preserve electronic evidence. Save texts, emails, social-media posts, and voicemail that relate to the incident.
  • Consider both civil and criminal options. A criminal case does not replace a civil claim for damages; you may pursue both avenues concurrently.
  • Talk to a Utah personal-injury attorney as soon as possible. An attorney can confirm which deadlines apply, explain tolling rules, and help prepare and file necessary papers.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.