Personal Injury and Car Accident Lawyer in Utah

Utah Car Accidents: Understanding the Statute of Limitations

Utah Car Accidents: Understanding the Statute of Limitations

By on Jun 8, 2021 in blog, Car Accidents |

Have you been involved in a Utah car accident?

If you suffered injuries or your vehicle was damaged due to another driver’s negligence, you may need to take legal action in order to get compensation for your financial losses. However, you don’t have all the time in the world to do so – as with other types of lawsuits, auto accident claims have filing deadlines.

With an experienced Utah car accident lawyer on your side – like the professionals at Symkoviak Law Firm – you won’t have to worry about whether your lawsuit meets the statute of limitations. But if you’d like to know how long you have to file an auto accident claim, you’ll find the answer below.

Filing Deadline for Utah Car Accident Injury Claims

In Utah, you can file a lawsuit against a negligent driver if the injuries you sustain in a collision meet the threshold set by state law. Basically, if the incident has left you with at least $3,000 in medical expenses — or you have suffered dismemberment, a broken bone, or permanent disability, impairment or disfigurement – you have the right to pursue an auto accident claim.

The filing deadline for a Utah car accident injury lawsuit is four years from the date of the collision. Failure to file in time is almost certain to result in a dismissal of the claim.

Filing Deadline for Utah Wrongful Death Claims

If an auto accident causes a fatality, the family of the victim or their representative has the right to file a Utah wrongful death claim. However, the statute of limitations isn’t the same as that for an auto accident injury lawsuit.

The amount of time you have to file a wrongful death claim in Utah is two years, not four. And in this case, the clock doesn’t start running on the date of the collision – the two-year period starts on the date of the auto accident victim’s death. However, this area of the law can be complex and therefore you should consult with our law office or another attorney before making a determination on the statute of limitations.

Filing Deadline for Utah Property Damage Claims

If a collision results in vehicular damage or a car is declared to be a total loss – meaning that the cost of repairs is greater than the value of the vehicle – the owner can file a Utah property damage claim against the negligent driver. State law doesn’t require that a case meets certain threshold requirements.

But, there is a statute of limitations that applies. The filing deadline for a Utah property damage claim is three years from the date the auto accident occurred.

Why You Shouldn’t Wait to Contact a Car Accident Lawyer

While you have plenty of time to file an auto accident claim in Utah, waiting isn’t in your best interests. If you don’t take legal action soon, the insurance company and negligent driver are likely to try to muddy the waters, stating that too much time has passed to accurately determine damages. Plus, preparing a solid case takes time – and you don’t want your lawyer to be in a rush to meet the filing deadline.

There can be many exceptions and different circumstances that affect the statute of limitations on your claim or case. For that reason, you should always contact our office or a licensed attorney before relying on any calculation of the statute of limitations, rather than calculating the statute of limitations yourself.

At Symkoviak Law Firm, based in Salt Lake City, we know what it takes to get results in auto accident claims. You can rely on us to fight for the compensation you deserve. For a free consultation to discuss your car accident claim with an experienced Utah personal injury attorney, contact us today.