Utah Injury Deadlines: How Long You Have to Sue

Every Utah personal injury claim comes with a built‑in “expiration date” called the statute of limitations.  Put simply, once that deadline passes, you generally lose the right to file a lawsuit.  Utah’s laws set different deadlines for different kinds of injury cases.  For example, most car accidents or slip-and-fall injuries are negligence claims which must be filed within four years, while medical malpractice and wrongful death claims typically have only two years.  And if you’re suing a government agency or employee, the rules get even tighter: you must notify the government in writing within one year and then sue within two years .  Missing these deadlines can be fatal to a case.

This guide breaks down Utah’s deadlines for the major types of injury claims, explains important exceptions, and shows why you should act quickly.  Think of it as a friendly “Statute of Limitations 101” for Utahns – clear, practical, and confident, without the legal jargon.

It is important to note at the outset that these are just the basic rules - a discussion of all the classifications, exceptions and equitable doctrines that may apply in a particular situation. If you have a question about the application of a particular statute of limitations in your case, don't just rely on this guide - give us a call so we can give your case the individual analysis it deserves.

Deadlines at a Glance

• General Negligence (car accidents, slip-and-falls, etc.): 4 years from the injury date.  Utah Code §78B-2-307(3) provides a four‑year limit for “an action … for relief not otherwise provided for by law,” which covers most everyday injury cases.

• Medical Malpractice (doctor or hospital error): 2 years from when you discovered (or should have discovered) the injury . 

• Wrongful Death: 2 years from the date of death .  Utah Code §78B-2-304(2) sets this deadline for claims “for a death caused by the wrongful act or neglect of another” .

• Claims Against Government Entities: You must give written notice of claim within 1 year and then file suit within 2 years from the injury.  Under Utah’s Governmental Immunity Act (Title 63G, Chapter 7), a lawsuit against the state, a city, a school district, etc., is barred unless you file a notice within one year and then commence the action within two years after the claim accrues .

Below we’ll unpack each of these in plain language, with tips and examples so you can tell exactly how much time you have.  In every case, it’s safest to consult a Utah attorney promptly – the clock can start ticking before you even realize you have a claim.

4-Year Deadline for General Injuries (Car Accidents, Slip & Falls, etc.)

For most Utah injury lawsuits – think car crashes, bike wrecks, falls on icy sidewalks, dog bites, and the like – the statute of limitations is four years from the date of the accident.  This comes from Utah Code §78B-2-307(3), which says an action “for relief not otherwise provided for by law” must be brought within four years .  In plain terms, unless a special rule applies, you have four years from the injury date to file.

• Example: If you’re injured in a car wreck on June 1, 2021, you generally must sue by June 1, 2025.  Any suit filed on June 2, 2025 would be too late.

Why four years?  Utah’s lawmakers set that time frame as a balance between giving injured people a reasonable chance to discover and prepare a claim, and preventing lawsuits from being filed too many years later when evidence and memories fade.  This four-year rule is long by national standards (some states give only two or three years), but it’s still firm: once four years have passed, Utah courts will almost always refuse to hear the case.

Important: The four-year clock usually starts when the injury happens (the “date of accrual”).  For a car crash, that’s the accident date.  For a slip and fall, it’s the date of the fall.  In most ordinary negligence cases, Utah courts do not use a discovery rule – the clock ticks from the accident, even if the injury (like a slow-developing back injury) doesn’t become apparent until later.  (There are some special situations discussed below.)

2-Year Deadline for Medical Malpractice

Medical malpractice claims (errors by doctors, surgeons, nurses, hospitals, etc.) follow a shorter and more complex timeline.  Under Utah Code §78B-3-404(1):

“A malpractice action … shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence.”

In simple terms, you have two years after discovery of the harm, with a hard cap that no suit can be filed later than four years from the date of the malpractice event, even if you just found out.

• Discovery Rule: Unlike a typical slip-and-fall, medical injuries often aren’t obvious immediately. Utah’s malpractice law explicitly allows the clock to start on discovery.  If a surgical mistake or delayed diagnosis is hidden from you, the two-year countdown only begins when (or when you should) learn of the injury.  For example, if a lab error caused an injury that only showed up a year later on tests, you’d have two years from that discovery date, not from the original surgery.

  
  

• Special Shorter Deadlines: The law provides even shorter rules in a couple of dramatic scenarios :

  
  

  • Foreign Objects: If a foreign object (like a surgical sponge or tool) is accidentally left inside a patient, you must file within one year after you discover (or should have discovered) the foreign object .

  • Fraudulent Concealment: If the healthcare provider actively fraudulently hid the malpractice (for instance, covering up a mistake), you have one year from the date you discover (or should have discovered) the fraud .

Because of these rules, it’s critical to track dates carefully in a malpractice case.  If you suspect medical negligence, get a specialist’s review quickly – every month that passes is a month less to file.

Statute Cited: Utah Code §78B-3-404 (medical malpractice limitations and exceptions) .

2-Year Deadline for Wrongful Death

When an injury is fatal, a deceased person’s family can file a wrongful death lawsuit.  Utah treats wrongful death claims more tightly: the suit must be filed within two years of the death.  Specifically, Utah Code §78B-2-304(2) says an action “for recovery of damages for a death caused by the wrongful act or neglect of another” must be brought within two years .

• Example: If a loved one dies in a car accident on March 15, 2022, you generally have until March 15, 2024 to sue.  Filing even one day late (March 16, 2024) would mean the deadline has passed.

This two-year clock is firm.  The law does not explicitly provide a discovery rule for wrongful death (because death is usually a clear event), but the two-year deadline is measured from the date of death.

Statute Cited: Utah Code §78B-2-304(2) (wrongful death, within two years) .

Claims Against Utah Government Entities: 1-Year Notice + 2-Year Suit

Su­ing a government body or employee in Utah is a special case.  Here’s how it works under Utah’s Governmental Immunity Act (Title 63G, Chapter 7):

• 1-Year Notice of Claim: Before you can sue, you must give written notice to the government within one year after the injury occurs .  This requirement is stricter than most private cases. 

• 2-Year Lawsuit Period: After filing the notice, you cannot jump straight to court.  Utah law requires waiting 60 days to give the agency time to respond.  Then, you have two years from the date the claim arose to file the lawsuit .  Utah Code §63G-7-403(2)(b) says a claimant “shall commence the action within two years after the claim arises” .  So continuing our example, if the injury happened on April 10, 2023, you have until April 10, 2025 to sue, as long as you gave notice by April 10, 2024.

• Once Only: Note that you get only one chance to refile if your first suit is dismissed (except for non-merits dismissals).  Utah law permits one new action within one year if the first suit was dismissed for a non-merits reason .  But after that, you’re out of time.

Example: You slip and fall on a sidewalk in Salt Lake City on August 1, 2022. You give proper notice to the city on June 1, 2023 (within one year).  You must wait until at least August 1, 2023 (60 days after notice) to sue, and you must file no later than August 1, 2024 (two years after the injury) .

Key Points: If you sue a Utah government, missing the notice deadline (one year) or the suit deadline (two years) is fatal.  Utah Code §63G-7-402 even calls it: without timely notice, “the claim is barred” .  In practice, this rule means anyone harmed by a city, county, state agency, school district, or similar must act faster than if suing a private party.

Statutes Cited:

• Utah Code §63G-7-402 (notice of claim must be filed within one year) .

• Utah Code §63G-7-403(2)(b) (action must be commenced within two years) .

• Utah Code §63G-7-401(1)(b) (claim accrues when claimant knew of injury and responsible entity) .

Tolling and Other Exceptions: When the Clock Pauses or Shifts

Utah’s deadlines have a few important exceptions and tolling rules that can pause or extend the time to sue.  Here are the main ones:

• Minors and Mental Incapacity (Utah Code §78B-2-108 and §78B-2-224):  If the injured person is under 18 or is mentally incompetent, the statute of limitations “may not run” during that period .  In plain English, the clock is tolled until the disability ends.  For example, if a 10-year-old child is injured in 2020, Utah law says the limitations clock does not start ticking until the child turns 18.  That child would then have (for a 4-year case) until age 22 to sue.  Similarly, if someone is mentally incapacitated at the time of injury, the clock only starts once they regain competency.

  The specific law is Utah Code §78B-2-224: “A statute of limitations may not be applied … during a period in which the person is: (1) a minor; or (2) mentally incompetent.” .  (Section 78B-2-108 says essentially the same thing in other words .)  This tolling applies across the board – to car wreck cases, malpractice, wrongful death (for the heirs), government claims, etc.

  Example: A 16-year-old suffers a serious injury in a playground accident on January 1, 2020.  For a general negligence claim (normally a 4-year deadline), Utah will not count those first two years of minority.  So instead of ending on January 1, 2024, the deadline is January 1, 2026 (her 18th birthday plus 4 years).

• Discovery Rule for Medical Malpractice:  As noted above, malpractice uses a discovery rule.  If a doctor’s mistake is hidden, the lawsuit deadline starts only when the patient knew or should have known.  Utah Code §78B-3-404(1) explicitly ties the two-year limit to the time of discovery .  This is not a loophole – it’s part of the law to prevent malpractice claims from expiring before the harm is even apparent.

• Fraudulent Concealment:  If the defendant fraudulently conceals the injury or cause of action, some delays can be excused.  In medical cases this is codified (the one-year rule for fraud in §78B-3-404(2)(b) ).  In general tort law, Utah also recognizes that deliberate concealment may postpone accrual, although it’s fact-specific.  The key is active fraud or hiding: simple negligence doesn’t count, but knowingly keeping the harm secret might.

What Happens if You Miss the Deadline?

Utah courts take statutes of limitations very seriously.  If you sue after the deadline, the defendant will almost always ask the court to dismiss the case as time-barred.  In practice, that means you lose – usually without even having a trial on the facts.  As one Utah legal guide bluntly notes, “If the statute of limitations has ‘run’ or passed, a court can dismiss the case” .  In other words, miss your date and you generally get nothing.

This is not a technicality – it’s a hard rule of law.  Utah Code §78B-2-221 explicitly says that failing to bring suit on time is a bar to the action.  The deadlines are jurisdictional limits set by the legislature.  Courts cannot extend them except as the law itself provides (like the tolling rules above).

Why Acting Quickly Matters

These deadlines exist for good reasons (they keep evidence fresh and proceedings fair). But from a person’s perspective, they can feel harsh.  That’s why the best advice is: Don’t wait.  If you think you might have a claim, start the process as soon as possible.  Even if you prefer to settle or negotiate with insurance, it’s wise to let an attorney file a protective lawsuit or notice before the clock runs out.  This preserves your rights while you talk.

Here are a few practical tips:

• Mark Your Calendar: As soon as an injury happens (or is discovered), make a note of when the statute will expire.  Err on the side of filing earlier than later.

• Consult an Attorney Early: An experienced Utah injury lawyer can explain exactly which deadlines apply to your case.  They often have checklists for different claim types.

• Don’t Trust the Other Side: Insurance companies often play tough or stall. Don’t rely on them to get you to court – that’s your job.

• Give Government Notice Right Away: For claims against cities, counties or the state, prepare your written notice well before the one-year mark.  Even minor errors in that notice can be fatal.

In Summary

Utah’s statutes of limitations for personal injuries are strict but straightforward: 4 years for most negligence claims , 2 years for medical malpractice and wrongful death , and a special 1-year notice + 2-year suit rule for government claims .  Miss these deadlines, and the court usually won’t hear your case.  Fortunately, Utah law does allow the clock to pause in certain situations (like if you’re a minor or if a malpractice was concealed) .

The bottom line: Know the deadline.  Act early.  By understanding the clock and following it closely, you protect your right to seek justice and compensation.  With the right information and prompt action, you can navigate Utah’s legal timelines successfully – before it’s too late.