Utah Personal Injury Statute of Limitations

In Utah personal injury law, every injury has a statute of limitations applied to it.  A statute of limitations is a time period given to a person who has suffered injury as the result of the negligence or intentional act of another to bring a lawsuit against the person who caused the injury.

The type of injury determines the length of the statute of limitations.  The Utah legislature has codified the statutes of limitations.

Statute of Limitations
In Utah, each injury has a specific statute of limitations that applies.

When you hire the experienced personal injury attorneys at Salcido Law Firm the first thing we do is look at the applicable statute of limitations so that you can understand how much time you have to bring your case.  Too many people have been denied the opportunity to recover their personal injury damages because they have simply waited too long.

If you have been injured call us at 888.337.3235 or locally at 801.413.1753 to find out how we can help you get your case going immediately so that you don’t run out of time and miss your chance to be made whole.  You can also email or Skype us or just fill out the form to your right.

Utah Statutes of Limitation for Specific Injuries in Utah

Utah Statute of Limitations for Car Accident Injuries

Claims for personal injury from car accidents fall under Utah’s “catch-all” statute of limitation, Utah Code § 78B-2-307.  Thus, if you have been injured in an accident you must bring your claim within four years from the date of the accident.

You must also remember that different time periods apply if your case is for wrongful death, which has a different statute of limitation.

Further, if the accident was caused by a state, county, or city employee the Governmental Immunity Act of Utah applies which also incorporates a different statute of limitation.

Utah Statute of Limitations for Injuries Caused from Exposure to Asbestos

In Utah, you must bring an asbestos claim within three years from the date when you could have discovered your asbestos related injury.  See Utah Code § 78B-2-117.

Utah Statute of Limitations for Injuries Caused from Defective Products

The Utah Product Liability Act requires that you bring your personal injury claim which was caused by a defective product “within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.”  See Utah Code § 78B-6-706.

Utah Statute of Limitations for Medical Malpractice

If you have been injured by the malpractice of a health care provider you have only two years from the date you discovered or should have discovered your injury to bring your claim against the health care provider, but you cannot bring the claim after four years from the date the malpractice occurred unless a specific exception is provided.  See Utah Code § 78B-3-404.

For example, if the malpractice which occurred in your case involved leaving a foreign object in your body such as a clamp during a surgery, then you have one year from the time you discovered or should have discovered that the object was left in your body to bring a medical malpractice lawsuit.

Similarly, if the health care provider committed fraud and prevented you from discovering the malpractice then you have one year from the date you discovered or should have discovered the fraud to bring your lawsuit.

Utah Statute of Limitations for Injuries Caused from a Slip and Fall

Claims for personal injury from slip and fall accidents fall under Utah’s “catch-all” statute of limitation, Utah Code § 78B-2-307.  Thus, if you have been injured in a slip and fall accident you must bring your claim within four years from the date of the accident.

You must also remember that different time periods apply if your case is for wrongful death, which has a different statute of limitation.

Further, if the accident was caused by a state, county, or city employee the Governmental Immunity Act of Utah applies which also incorporates a different statute of limitation.

Utah Statute of Limitations for Injuries Caused by State, County, or City Governments or Employees

If your Utah personal claim is against a governmental entity such as the state, a county, or a city or an employee of such a government entity then the Utah Governmental Immunity Act applies.  The UGIA requires that you first file what is called a “notice of claim” with the governmental entity that caused the injury within one year after your claim arises.  See Utah Code § 63G-7-402.

Your claim arises when you knew or should have known that you had a claim against a governmental entity or its employee and you know the name of the governmental entity or the name of the governmental employee.  See Utah Code § 63G-7-401.

Statute of Limitations for Injuries Caused by the Federal Government or its Employees

Congress has passed what is known at the Federal Tort Claims Act, which requires you to bring your personal injury claim against the federal government within two years after your claim accrues.  See 28 U.S.C. § 2401(b).

Before you can sue the federal government you have to file a written claim with the federal agency at fault.  The federal agency then has authority to settle any claims, sometimes with the concurrence of the Attorney General and such a settlement is final and conclusive if you accept it.  See 28 U.S.C. § 2672.

If the federal agency is going to deny your claim it has only six months to do so and if it fails to deny your claim you can then sue the federal government in federal district court after the six months has passed.  See 28 U.S.C. § 2675.

Utah Statute of Limitations for Wrongful Death Lawsuits

In Utah, you have only two years from the date of death to recover for the wrongful death of your loved one.  See Utah Code § 78B-2-304.

Utah Statute of Limitations for Injuries Caused by Libel, Slander, False imprisonment, or Seduction

There are certain intentional acts which cause personal injury such as libel, slander, false imprisonment, and seduction.  Claims for each of these intentional acts require you to bring a lawsuit within one year from the date the act occurs.  See Utah Code § 78B-2-302.

1 comment on “Statute of Limitations

Gene

Staue of limiatations on fraud when due diligence does not discover fraud for two years, then is request to modify divorce decree because of fraud new discovery of hidden assets of $45,000 is found, what is my recource to file for fraud and perjury?

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