The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, in Utah, governmental agencies must receive notice within one year of the time the claim arises. Some limitation periods are tolled for claimants who are minors or mentally incompetent. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In Utah, most actions for personal injury caused by negligence must be brought within four years from the date when the cause of action accrues. In many cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. For intentional acts such as libel, slander, assault and battery, the statute of limitations is one year. The limitation period for wrongful death cases is two years. The statute of limitations for product liability cases is two years. Medical malpractice claims generally must be brought within two years from the date when the injury was or should have been discovered, with a maximum limit of four years after the alleged wrongful act.
