Deadlines to File an Injury Lawsuit in Utah
How long you have to sue in Utah for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a… Utah Code §§ 78B-2-307(4), 78B-2-304(4), (5)
| Deadline to sue for an injury | Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit. Applying the four-year catch-all to personal injury claims follows from the statute's text; |
|---|---|
| Deadline to sue for property damage | Three years for taking, detaining or injuring personal property and for waste, trespass or injury to real property. Damage to a motor vehicle or other personal property from a motor vehicle accident has a four-year limit. |
| Medical malpractice deadline | Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery. Source: Utah Code § 78B-3-404 |
| Wrongful death deadline | Two years for recovery of damages for a death caused by the wrongful act or neglect of another. Source: Utah Code § 78B-2-304(3) |
| Suing the government | Under the Governmental Immunity Act, a written notice of claim must be filed with the government entity within one year after the claim arises (a claim does not arise until the claimant knew or reasonably should have known of the claim and the entity's identity). The claimant may not sue until 60 days after filing the notice, and must sue within two years after the claim arises. Judgments for personal injury are capped (the statute lists $583,900 per person and $233,600 for property damage per occurrence, with a $3,000,000 aggregate per occurrence), and the limits are adjusted periodically under a statutory formula. Damage limits: https://le.utah.gov/xcode/Title63G/Chapter7/63G-7-S604.html |
More Utah personal injury & wrongful death
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FAQ
What is the statute of limitations for personal injury in Utah?
Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit.
How long do you have to sue for property damage in Utah?
Three years for taking, detaining or injuring personal property and for waste, trespass or injury to real property. Damage to a motor vehicle or other personal property from a motor vehicle accident has a four-year limit.
What is the statute of limitations for medical malpractice in Utah?
Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery.
How long do you have to file a wrongful death lawsuit in Utah?
Two years for recovery of damages for a death caused by the wrongful act or neglect of another.
How do you file an injury claim against the government in Utah?
Under the Governmental Immunity Act, a written notice of claim must be filed with the government entity within one year after the claim arises (a claim does not arise until the claimant knew or reasonably should have known of the claim and the entity's identity). The claimant may not sue until 60 days after filing the notice, and must sue within two years after the claim arises. Judgments for personal injury are capped (the statute lists $583,900 per person and $233,600 for property damage per occurrence, with a $3,000,000 aggregate per occurrence), and the limits are adjusted periodically under a statutory formula.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.