How Far Back Can You Claim Personal Injury?
Discover Utah’s personal injury claim limits. Learn the statutes, exceptions, and essential steps to protect your rights and secure compensation effectively.
How Far Back Can You Claim Personal Injury?
When it comes to personal injury claims in Utah, the timeline for seeking justice can be both an urgent and confusing matter. Whether you’ve been involved in a car accident in Salt Lake City, experienced a slip and fall in Provo, or encountered any other type of personal injury incident, understanding the legal timeframe to file a claim is crucial for safeguarding your rights. This friendly guide will break down the intricate Utah laws around personal injury claims, demystifying the process for you.
Understanding Personal Injury
A personal injury occurs when someone suffers physical or psychological harm due to another person’s negligence or intentional actions. It’s essential to understand that personal injury law is designed to protect you by ensuring that you are compensated for injuries sustained through no fault of your own.
Real-Life Example
Imagine you were walking in downtown Provo when you slipped on an unmarked wet floor in a store, breaking your wrist. In this scenario, personal injury laws would allow you to seek compensation for your medical expenses, lost wages, and even pain and suffering from the store owner whose negligence led to your injury.
Statute of Limitations in Utah
The statute of limitations sets a deadline for filing a lawsuit. If you file your claim after this period, you may lose your right to seek compensation. In Utah, the timeframe varies depending on the nature of your personal injury claim.
The Three-Year Rule (Utah Code § 78B-2–307)
According to Utah Code § 78B-2–307, most personal injury claims must be filed within three years of the date of the injury. This rule applies to cases involving:
- Automobile accidents
- Slip and fall incidents
- Medical malpractice
- Negligence
For instance, if you were in a car accident on January 1, 2021, you would have until January 1, 2024, to file your claim.
Exceptions to the Rule
While the three-year rule is standard, there are several exceptions to be aware of:
Discovery Rule (Utah Code § 78B-2–308)
Sometimes, injuries or their causes are not immediately apparent. The discovery rule permits the clock to start ticking from the moment the injury is discovered or should have reasonably been discovered. For example, if a surgical tool was accidentally left inside you during surgery but wasn’t discovered until several years later, the three-year period would start at the time of discovery.
Minors and Incapacitated Persons (Utah Code § 78B-2–108)
If the injury occurs to a minor (under 18) or someone legally incapacitated, the statute of limitations pauses until the minor turns 18 or the person regains legal capacity.
Example Scenario
Suppose a minor in Ogden is injured in a bike accident due to a defective sidewalk. The statute of limitations will start when the minor turns 18, giving them until they turn 21 to file a claim.
Statutes for Specific Personal Injury Cases
It’s important to know that specific personal injury cases in Utah have different statutes of limitations:
Medical Malpractice (Utah Code § 78B-3–404)
For medical malpractice, the statute of limitations is two years from the date the injury was discovered but no more than four years from the date of the act. For example, if you discover that a doctor’s error in 2019 caused your injury, you have until 2021 to claim, but if it was not found until 2022, your claim would still be outside the overall four-year bracket, hence invalid.
Wrongful Death (Utah Code § 78B-2–306)
For wrongful death claims, the statute is two years from the date of death. Suppose a tragic accident caused a fatality in St. George on March 1, 2021; the surviving family members would have until March 1, 2023, to file a lawsuit.
The Process of Filing a Claim
Understanding the procedural steps for filing a claim in Utah helps navigate the complex landscape of personal injury law more effectively.
Step 1: Seek Immediate Medical Attention
The first and most important step is to seek immediate medical attention. Not only is this crucial for your health, but it also establishes a medical record documenting your injuries.
Step 2: Consult a Personal Injury Lawyer
Engaging with an experienced personal injury lawyer in West Jordan or your local area is essential. A professional will guide you through the legal maze, help gather evidence, and ensure all paperwork is filed correctly.
Step 3: Collect Evidence
Gathering evidence is critical to substantiate your claim. This includes:
- Police reports
- Medical records
- Photographs of injuries or the accident scene
- Witness statements
Step 4: File the Claim
Your lawyer will file your claim within the required statute of limitations, ensuring that your right to compensation is preserved.
Common Misconceptions About Personal Injury Claims
“I Can File a Claim Anytime”
One of the most frequent misconceptions is that you can file a claim whenever you feel ready. This is far from true. Statutes of limitations are strict and the courts rarely make exceptions. Missing these deadlines can permanently bar you from claiming damages.
“I Don’t Need a Lawyer”
While it’s technically possible to handle a claim without legal representation, it is highly inadvisable. Personal injury law is complex, and insurance companies often aim to minimize payouts. A lawyer will advocate for your best interests, ensuring you get the compensation you deserve.
“If I Was Partially at Fault, I Can’t File a Claim”
Utah follows the comparative negligence rule, allowing you to claim damages proportional to your degree of fault. For instance, if you were found 30% at fault in a car accident, you could still recover 70% of the damages.
Importance of Understanding These Laws
Understanding personal injury laws can directly impact your financial and physical recovery after an incident. These laws are in place to:
Protect Your Rights
Personal injury laws ensure that your rights are protected and allow you to seek redress for harm suffered due to another’s negligence or intentional acts.
Resolve Disputes
These laws provide a legal framework to resolve disputes fairly, providing both parties the chance to present their case in court.
Regulate Activities
Personal injury laws also serve a regulatory function, holding people and organizations accountable for their actions, and encouraging safer practices and environments.
Practical Applications and Insights
Avoid Common Pitfalls
Ignoring medical advice or failing to document your injuries can be detrimental to your claim. Always keep detailed records and follow through with prescribed treatments.
Frequently Asked Questions
“What Happens If the Statute of Limitations Expires?”
If the statute of limitations expires, you generally cannot file a lawsuit. Certain exceptions may apply, but these are rare and subject to specific conditions.
“Can I Settle Out of Court?”
Yes, many personal injury cases are settled out of court. However, it’s essential to ensure that any settlement offer is in your best interest, ideally through consultation with your attorney.
Delivering Impactful Content
When discussing personal injury claims, citing reputable sources like the Utah Code ensures credibility and accuracy. Collaborating with legal professionals or experts can also enhance the content’s reliability, providing readers with trustworthy and practical advice.
Call to Action
Now that you’re armed with essential legal knowledge about personal injury claims in Utah, feel empowered to take responsible steps in safeguarding your rights. If you have any questions or wish to share your experience, please clap this article, leave a comment, and subscribe to our Medium newsletter for more updates.
To speak with a lawyer, call attorney Jeremy Eveland.
Jeremy Eveland
8833 S Redwood Rd
West Jordan Utah 84088
(801) 613–1472
The information contained in this article is for information purposes only and is not legal advice. For legal advice, hire a competent lawyer in your jurisdiction.
How far back can you claim personal injury?
