What is the Statute of Limitations In Utah?
The statute of limitations is a legal concept that sets a time limit for individuals to file lawsuits or criminal charges. In Utah, like in every other state, there are specific laws regarding the statute of limitations for different types of cases. Understanding these laws and how they apply to your case can be crucial in determining whether or not you can bring a legal claim. Whether you are considering filing a personal injury lawsuit or pursuing a criminal case, it’s important to be aware of the statute of limitations in Utah and how it may affect your legal rights.
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What is the Statute of Limitations in Utah?
The statute of limitations in Utah varies depending on the type of case. For example, for most personal injury cases, the statute of limitations is four years from the date of the injury. However, for medical malpractice cases, the statute of limitations is typically two years from the date of the injury or from when the injury should have been discovered. In criminal cases, the statute of limitations varies depending on the severity of the crime, with some crimes having no time limit for prosecution. It’s important to consult with an experienced attorney to determine the specific statute of limitations that applies to your case in Utah.
When Does it Start?
In Utah, the statute of limitations generally starts running from the date of the incident that gives rise to the legal claim. For example, in personal injury cases, the clock typically starts ticking from the date of the injury. However, there are some exceptions to this general rule.
In cases where the injury or damage is not immediately apparent, such as in cases of medical malpractice, the statute of limitations may start running from the date the injury was discovered or should have been discovered with reasonable diligence.
What are the Exceptions to the Statute of Limitations in Utah?
While the statute of limitations sets a time limit for filing lawsuits or criminal charges in Utah, there are certain exceptions that may extend or toll the statute of limitations. One common exception is known as the “discovery rule,“ which applies in cases where the plaintiff did not know and could not have reasonably discovered the injury or cause of action until after the statutory period had expired. In such cases, the statute of limitations may be extended to allow the plaintiff to file a claim within a certain period of time from when the injury or cause of action was discovered or should have been discovered.
Another exception is the “minority tolling” rule, which applies in cases involving minors. In such cases, the statute of limitations may be tolled or extended until the minor reaches the age of majority (18 years old in Utah) or a certain number of years beyond the injury.
Additionally, in cases where the defendant has left the state, the statute of limitations may be tolled until the defendant returns to Utah. Other exceptions may also apply in certain circumstances, such as when the defendant is in bankruptcy or when the plaintiff is on active military duty.
What is the Utah Statute of Limitations for Personal Injury?
In Utah, the statute of limitations for personal injury cases is generally four years from the date of the injury. This means that an individual who suffers a personal injury must file a lawsuit within four years from the date of the injury, or their right to file a claim may be barred.
However, there may be exceptions to this rule as well. For example, if the injury was not discovered until later, the statute of limitations may be tolled, or extended, until the discovery of the injury. Additionally, if the injury was caused by medical malpractice, the statute of limitations may be different. If the injured person is a minor, there may be additional time to file a claim. In Utah, the statute of limitations for a minor to file a personal injury lawsuit is generally four years from their 18th birthday.
Utah Medical Malpractice Statute of Limitations
The statute of limitations for medical malpractice cases is generally two years from the date of the injury, or from when the injury should have been discovered. There is also a statute of repose in Utah that applies to medical malpractice cases, which is different from the statute of limitations.
The statute of repose sets an absolute time limit of four years from the date of the alleged medical malpractice, regardless of when the injury was discovered. This means that regardless of when the injury was discovered, if four years have passed since the alleged malpractice, the injured person may no longer be able to file a claim. It’s important to understand that the statute of limitations may be tolled or extended in cases involving minors or individuals who are incapacitated.
Statute of Limitations for Specific Cases
The statute of limitations varies in Utah Depending on the type of case. Here are some examples of specific types of cases and their corresponding statute of limitations:
- Personal injury: Generally, four years from the date of the injury
- Medical malpractice: Generally, two years from the date of the injury or from when the injury should have been discovered
- Dog bites: The statute of limitations for dog bite cases in Utah is four years from the day of the incident
- Property damage: Generally, three years from the date of the damage
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Breach of contract: Generally, six years from the date of a breach of a written contract and four years from the date of breach of an oral contract.
- Fraud: Generally, four years from the discovery of the fraud
- Product liability: Generally, two years from the date of the injury or from when the injury should have been discovered
- Wrongful death: Generally, two years from the date of the death
What is the Statute of Limitations in Utah Conclusion
Understanding the specific statute of limitations that applies to your case is crucial in order to avoid the loss of your legal right to seek compensation or justice. At Harris, Preston, and Chambers, we are committed to helping our clients navigate the complexities of the legal system and achieve the best possible outcomes for their cases.
With decades of experience and a strong track record of success, our team of skilled attorneys has the expertise and knowledge necessary to assist you with all your legal needs. Contact us today to schedule a consultation and learn more about how we can assist you with your specific circumstances.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.