Utah Personal Injury Statute of Limitations

posted September 21, 2010 | by

The general or “catch-all” statute of limitations for personal injury claims in Utah is four years. See Utah Code section 78B-2-307. This is the statute that governs your standard injury claim, such as a slip and fall or auto accident. If the claim is against a Utah governmental entity, the Utah governmental immunity act applies and the period is much shorter: one year. See Utah Code § 63G-7-402.

Defective Products. If the injury is caused from a defective product, then Utah Code section 78B-6-706 governs. This provision requires that your claim be filed in court “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.”

Medical Malpractice. The statute of limitations for medical malpractice cases in Utah is two years per Utah Code section 78B-3-404 from when you “knew or should have known” of the malpractice. If the claim is against a governmental entity such as the University of Utah, then the period is only one year. For some reason, the time for claims involving foreign objects left in a patient is one year. In certain circumstances, when you later became aware of the injury, the “statue of repose” allows up to four years to make a claim: two years to discover the injury and possible cause and another two years from the date of discovery in which to file.

Asbestos Claims. These claims must be brought within three years pursuant to Utah Code 78B-2-117.

Wrongful Death Claims. Under Utah Code section 78B-2-304, wrongful death “heirs” are given only two years to file their claim in court.

Disclaimer: There may be exceptions to the above limitations period. You are advised to always consult with an attorney regarding the exact time of the Utah statute of limitations you are considering.

Ron Kramer is a Utah personal injury and accident lawyer practicing throughout the state. Call the Kramer Law Group today at 801-666-3959 for a free consultation.

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