The car accident statute of limitations in Utah is typically four years from the date of the accident. That’s how long victims have to take legal action in a court of law, though there are some exceptions.
If you’ve been in an accident, it is vital to act in a timely manner to seek action against those responsible. It is infinitely easier to do so with the help of a Utah car accident lawyer.
In Most Cases, the Statute of Limitations Is Four Years
Most types of personal injury claims, including those related to car accidents, require the victim to take legal action against the at-fault party within four years of the date of the accident, per Utah Code § 78B-2-307. Failure to act within that time could mean there is no way to receive compensation for your losses from the at-fault party.
Four years may seem like a long time, but during that period, the availability of evidence can become challenging, and in some cases, witnesses may no longer be accessible. Acting sooner tends to be beneficial for all parties, though rushing into a settlement is also not ideal. Your car accident attorney in Utah may prove to be critically helpful in taking legal action.
The Utah car accident statute of limitations also applies to seeking a lawsuit against the at-fault party in court. It may be necessary to take action much sooner to settle the claim out of court. If you were involved in a car accident and the four-year mark is approaching, or has already expired, taking legal action now could be crucial.
For a free legal consultation, call (801) 266-0999
In Wrongful Death Cases, the Statute of Limitations is Two Years
In car accidents in which the victim dies as a result of the accident, the Utah statute of limitations is just two years for the estate or the family to take legal action. This is much shorter than the amount of time victims have to seek legal action, and it is critical to be aggressive about seeking legal guidance early on if your loved one has died.
Because there are just two years from the date of the person’s death to take legal action, wrongful death attorneys must work hard to try to get the insurance company to settle the claim out of court quickly, and they may not be willing to do so. Insurance companies may employ various delay tactics to make it more challenging for victims to pursue legal action.
Wrongful death cases extend two years from the date of the death, not the date of the accident, per Utah Code § 78B-2-304. This can play a role in those cases in which a person is in a coma for a long time or has complicated injuries that progress more slowly. In all cases, if your loved one lost their life, act quickly to pursue fair compensation.
In Claims Against Government, the Utah Statute of Limitations Is Two Years
In car accident claims against a government entity or government employee, the victim has only two years from the date of the accident to take legal action in a court of law. Also important, if the claim is made against the government or a city employee, you must also provide the government entity with 60 days’ notice of the incident before filing a claim.
This can make cases of this type more challenging to handle. Examples may include vehicles such as:
- Police vehicles operated by the city
- Medical care vehicles provided by the city
- County-wide utility services
- State-owned highway patrol unit accidents
- Trash services if the city owns the vehicles
- Buses owned by the city
- Public school transportation vehicles
- Social services vehicles
In such situations, the city may be liable for injuries to victims, even if the driver is found to be at fault. These cases can be complicated because there are so many steps that must be followed to take a government agency to court, and limitations on when this is possible are numerous. Work with a car accident lawyer in Utah to pursue legal action in these matters.
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After a Pause, When Victims Are Cognitively Disabled or Under 18 Years of Age
The law gives some victims more time to seek fair compensation against those at fault. For instance, the statute of limitations does not start until victims turn 18, no matter how old they are when the crash happens. The four-year statute of limitations for car accidents in Utah begins then, providing the victim with the ability to file a claim for four years after their 18th birthday.
You may have more time if you were otherwise severely limited at the time of the accident, such as being in a coma or unable to communicate and make decisions for yourself. In this timeframe, if the family or other representatives do not take legal action against the at-fault party, a pause goes into effect. That pause remains until the victim can take action.
This falls under the discovery rule, which requires that the victim must have had enough time to know about the incident and the cause. However, not all claims for additional time are honored by the court, which is why working with a lawyer becomes so critical. If you are approaching the deadline for any of these situations, taking action soon could be critical.
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Your Car Accident Lawyer in Utah Can Provide You with Guidance
For those who are hurt in a car accident, understanding the statute of limitations in Utah for car accidents is just the start of the process. It is also essential to know the steps and requirements for obtaining fair compensation.
That’s why you should work with a skilled car accident attorney in Utah from Siegfried & Jensen. Our lawyers have recovered millions of dollars for accident victims, and we’re here to provide guidance and support at any time in your case.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
