A statute of limitations sets the time frame during which you can file a legal claim. If you wait too long and the statute of limitations expires, you will be unable to pursue the justice you deserve.
At Feller & Wendt, LLC™, we understand that filing a personal injury lawsuit is a big decision. We have extensive experience navigating the Utah personal injury statute of limitations and can help you understand how the law applies to your situation. Most importantly, we’re here to support you while pursuing compensation for your injuries.
What Is the Statute of Limitations in Utah for Personal Injury Claims?
Utah’s statute of limitations for personal injury claims is normally four years. However, limited exceptions can change this timeframe; failure to file before the correct deadline will result in your case being dismissed in court. Our legal team is here to investigate your claim and ensure you do not miss the all-important filing deadline.
Wrongful Death
Utah state law normally gives you only two years to pursue a wrongful death lawsuit, which can be filed when someone loses their life because of another person’s negligence or wrongful actions. The countdown set by the statute of limitations starts on the date of death.
Defective Products
If you suffered an injury due to a defective product, the Utah product liability statute of limitations also gives two years to file a claim.
Medical Malpractice
Medical malpractice cases have several caveats to the statutes of limitation, depending on the circumstances of the case. The standard statute of limitations is two years, but there are two specific exceptions:
- If your claim involves a foreign item that a health care provider left inside your body, you must file it within one year of discovering its presence.
- If a health care provider deliberately concealed the misconduct that caused your injury, you have one year to file a claim after learning about the misconduct.
Are There Exceptions to the Utah Statute of Limitations?
The Utah personal injury statute of limitations is strictly enforced. However, a few exceptions can pause (“toll”) the filing deadline.
The Discovery Rule
The “discovery rule” can extend your time to file a lawsuit. Depending on the situation, the filing deadline can be extended to the date you discovered or should have discovered your injury or its cause.
For example, if you were harmed due to a toxic chemical or dangerous pharmaceutical, you may not discover the effects until significant time passes after exposure. In this scenario, the filing deadline may be extended to the date you could have reasonably discovered your injuries through the exercise of due diligence.
At Feller & Wendt, LLC™, we can evaluate your case and invoke the discovery rule where applicable. Our commitment to justice is unwavering, and we will stand up for you against even the most powerful defendants.
Claims Against Government Entities
If you have a viable personal injury claim against a government entity or employee, the statute of limitations is also two years. However, before filing, you must also give the government notice of your claim and 60 days to respond. Government entities include public schools, police departments, and social service agencies. Given the limited time frame, investigating and filing claims against these entities early is vital.
Underage or Cognitively Disabled Victims
Under Utah state law, the statute of limitations is paused for anyone underage or “mentally incompetent” to file on their own behalf. The clock begins running once either condition ceases, and the would-be plaintiff has whatever amount of time is normally allotted by the statute of limitations governing their cause of action (e.g., personal injury, defective product, medical malpractice, government claims). Our skilled personal injury attorneys can help you determine which rule applies.
How To Avoid Running Out of Time To File a Personal Injury Claim
It may seem like you have a long time to decide on legal action, but filing a lawsuit requires thorough documentation and preparation. Starting your case as soon as possible is essential, and our Utah personal injury lawyers are here to help. We have what it takes to fight for your rights at every stage of the legal process, whether we negotiate a settlement out of court or move forward with litigation. We will also ensure no critical deadlines are missed.
Secure Expert Support Before the Statute of Limitations Expires
You can count on our trusted attorneys to stand by your side when someone else’s negligence injures you. Our team has secured over $85 million in high-value case results for our clients and has a 99 percent success rate in personal injury matters. We have what it takes to build the strongest case possible on your behalf and ensure it is filed before the governing statute of limitations. Our glowing client testimonials speak for themselves.
Contact us online or call (801) 499-5060 to schedule a free consultation. To better serve our communities, we have attorneys and staff fluent in English and Spanish. Our “No-Win, No-Fee” Guarantee means you pay nothing unless we secure compensation on your behalf.
*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way constructed as legal advice.
