If you are planning to file a personal injury claim after a long time, then it is important that you understand the statute of limitations. It can sound complex, and you may misunderstand it. The statute of limitations is basically the legal deadline for filing a lawsuit. If you miss this deadline, you won’t be eligible for any compensation.
Any personal injury case, be it from a car accident, slip and fall, or any kind, must follow this strict timeline. Law service providers like Moxie Law Group can help you understand the complexity related to your personal injury case and make sure that your rights are well protected. Meanwhile, read this article to understand more about Utah’s statute of limitation for personal injury cases.
Utah’s Statute of Limitations
The statute of limitation for personal injury cases in Utah is around four years from the date of injury. This time limit applies not only to personal injury cases but also to car accidents, premises liability, and product liability.
However, the timeline can sometimes vary depending on the situation. For example, if the claim involves a government entity, then the statute of limitations is decreased to one year. This is because of the Utah Governmental Immunity Act (UGIA). Thus, it is really important to act as soon as possible without any delay, as failure to do so can result in getting your case or claim dismissed, no matter how strong your evidence is.
The statute of limitations might seem unfair, but it exists to promote fairness and prevent any stale claim. It makes sure that the evidence is fresh and available so that the jury can make better decisions by looking at evidence rather than believing in words and testimonies. This protects the rights of the defendant.
Exceptions in Statute of Limitations in Utah
The four-year limit can sometimes be extended too. One very common exception is for minors. If a minor is an injured party, then the statute of limitation is paused until he reaches the age of 18. The statute of limitation begins once he turns 18.
One more exception is if the defendant leaves Utah after the incident and before the lawsuit could have been filed, then the statute of limitation is paused till he returns back to Utah.
Medical malpractice cases in Utah occur within a short time period of two years from the date of malpractice or from the date the injury was discovered or should have been discovered.
These exceptions can sometimes be helpful to the victim, and understanding these exceptions is very important because this can affect your claim greatly.
Insurance companies and statute of limitations
Insurance companies approach you as soon as possible after an injury. This is because they want to settle the case for less compensation as soon as possible. They don’t want you to know your statute of limitations and give you enough time to think. They will try to settle quickly at much less than what you should have received.
You should always negotiate with the insurance companies, and you should know that you have enough time to get them to pay what you deserve. If they don’t, then you can file a case later. Once you accept a settlement, the case will be closed. So do not rush, as it can lead to your loss. Take your time and consider the value of your claim and the compensation proposed. Seeking professional help in such a situation can be helpful. A professional lawyer will help guide you through these complex situations, negotiate for you, and also keep track of the time period.
Secure your rights today!
Don’t wait until it’s too late to file your personal injury claim. Get professional help from an experienced attorney who can help you understand Utah’s statute of limitations, protect your rights, and get the compensation you should get.
