Personal injury cases can arise from a variety of accidents such as car accidents, slips and falls, medical malpractice, and other incidents. These types of accidents can cause serious physical injuries and even emotional pain, which can lead to significant financial losses. Under Utah law, individuals who have suffered injuries caused by someone else’s negligence may file a personal injury claim to receive compensation. However, these claims must be filed within a certain timeframe known as the statute of limitations. In this article, we will explore the statute of limitations for personal injury claims in Utah, and what individuals must know before filing such claims.
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Understanding the Statute of Limitations
The statute of limitations is a law that sets a specific time limit on how long a person can file a lawsuit after they have suffered an injury. This law exists to protect both the plaintiff and the defendant, as it ensures that claims are filed in a timely manner, so evidence is not lost, and defendants are not held liable for incidents that occurred too far in the past.
In the state of Utah, the statute of limitations for personal injury claims is two years from the date of the accident or incident that caused the injury. This law applies to all types of personal injury claims, and if the claim is not filed within the two-year limit, the plaintiff will lose their right to file a lawsuit and receive compensation.
Exceptions to the Statute of Limitations
There are some exceptions to the two-year statute of limitations, which individuals must be aware of before filing a personal injury claim. One of the exceptions is the discovery rule, which applies to cases where the injury may not have been immediately apparent. For instance, if a person suffers an injury due to medical malpractice, but the injury is not discovered until months or years later, the statute of limitations would begin from the date when the injury was discovered, rather than the date of the original incident.
Another exception to the statute of limitations is the tolling rule, which applies to cases where the person injured is a minor. In Utah, if the plaintiff is a minor at the time of the incident, the statute of limitations is extended until two years after they reach the age of 18.
Benefits of Hiring a Personal Injury Lawyer
Filing a personal injury claim can be a complicated and lengthy process, especially when dealing with insurance companies and medical bills. Therefore, individuals who have suffered injuries due to someone else’s negligence should consider hiring a personal injury lawyer to represent them in court. A personal injury lawyer can help ensure that the claim is filed within the statute of limitations, gather evidence to support the claim, negotiate with insurance companies, and help the plaintiff receive the compensation they deserve.
Final Thoughts
The statute of limitations for personal injury claims in Utah is an important law that individuals must understand before filing a lawsuit. The law protects both plaintiffs and defendants by ensuring that claims are filed in a timely manner, and evidence is not lost. Individuals who have suffered injuries due to someone else’s negligence should consider hiring a personal injury lawyer to help them navigate the claim process and make sure that their legal rights are protected.