Posted on Wednesday, November 1st, 2023 at 9:00 am
You’re in pain and anger after an accident caused by someone else’s carelessness or wrongdoing. In those circumstances, it’s not unusual to wonder how long you have to sue the at-fault party for your injuries and losses.
In Utah, as in every other state, the statute of limitations assigns a specific deadline for filing an injury lawsuit. This deadline limits how long you have to bring your case to court. The clock usually starts ticking when the accident occurs or when you discover that you suffered injuries.
Why Does Utah Limit the Amount of Time You Have to File?
Utah established a specific time frame to file a claim for several reasons:
- Maintain court order: A statute of limitations helps to keep the cases before the court fresh and prevents the system from being overstuffed with older cases.
- Relief for at-fault parties: Having a deadline prevents someone from having the possibility of a lawsuit hanging over them for an unspecified period of time. With a statute of limitations in place, the parties to an accident know that they can’t be sued after a certain date.
- Evidence: The deadline helps to ensure that both sides can secure the evidence they need while it still exists. Often, evidence can disappear as time passes, making it hard to prove who was at fault.
- Witnesses: People who saw the accident or have important information about it can testify about what happened. However, if too much time elapses, their memory of the accident may wane, or they may move.
Timeframe for Filing a Personal Injury Claim in Utah
In Utah, you usually have four years to file a personal injury claim after an accident or injury that was someone else’s fault. In most cases, the time starts from when the accident happens. Since personal injury is an umbrella term for different types of cases, the deadlines may differ. Some types of cases the four-year deadline applies to include:
- Car accidents
- Truck accidents
- Dog bite cases
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Boat accidents
Medical Malpractice Has a Different Statute of Limitations
A malpractice claim is possible if a patient suffers injuries caused by a doctor’s or other healthcare professional’s or facility’s negligence or lack of care. A two-year deadline exists for medical malpractice cases after the patient discovers or should have discovered the injury, whichever occurs first. The time limit to file cannot be more than four years from the date of injury. If a foreign object remains in the patient’s body, the claim filing date is one year from discovering its presence. In addition, if the healthcare provider tries to conceal their wrongdoing, the claim must begin within one year of discovering the concealment.
Deadline for Filing a Wrongful Death Claim
When someone dies due to another’s carelessness, an heir or the estate’s personal representative can file a lawsuit. A personal injury case can exist alongside criminal charges if need be. Filing a wrongful death lawsuit differs from other personal injury claims and has a different filing deadline of two years. The time limit could be as soon as one year from the date of death if the defendant is a government agency.
Filing a Claim Against a Government Agency in Utah
If a state or municipal government agency or its employees cause you harm, you must send the claim to the city or county clerk within one year. You should send a notice of claim letter by certified mail to the correct representative of the agency with jurisdiction. In Utah, the court will refuse to hear the case if the claim does not reach the correct person within one year.
Required Information on Your Government Claim Form
The notice of claim that you send to the government entity or one of its employees if they were the cause includes the following:
- The facts of the case
- Your description of the nature of your injury and duration of symptoms
- The financial losses you incurred as a result of the accident
- If you are claiming against a specific government employee, include their name.
The agency must respond to the claim within 60 days of receipt, either accepting or denying it. If the agency denies the claim, you have one year to appeal against their decision. The agency will tell you which court will hear the appeal. They will also tell you how much time you have to file.
Exceptions to the Statutory Deadline for Filing a Personal Injury Claim in Utah
There are times when the deadline to file a claim can be extended. Under certain circumstances, the time period will be tolled or stopped. The most common reasons for different deadlines include:
- The injured party is a minor: If the person injured in the accident is under 18 when the accident occurs, the clock stops until after the injured party turns 18. A parent or guardian can file a personal injury claim sooner for the child under Utah law.
- Mental Incompetence: The deadline can be extended if the injured person is mentally incompetent. The clock will begin to run on that date, should the injured person regain competency.
- Absence From the State: If the at-fault party leaves the state, the deadline clock stops running until they return.
- Product Liability: In this situation, a two-year time limit exists from when the harmed person discovers the injury.
Don’t Go It Alone. Call London Harker Injury Law Today
At our law firm, we work hard to obtain fair compensation for our clients to cover their injuries and losses. Because of the statute of limitations, your lawyer must act quickly to file a lawsuit to preserve your right to have your case heard in court. Evidence can quickly disappear, and witnesses can relocate. The sooner your lawyer begins work on your claim, the sooner you get your money.
Call London Harker Injury Law at 77CARCRASH as soon as possible for a free case review with one of our accident attorneys. They will review your case’s details, answer your questions, and inform you of your options for going forward.
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