Minors
For minors, Utah pauses the SOL clock until the child reaches adulthood. Medical-malpractice claims involving minors often have separate, more restrictive tolling rules , see the statute citation below for the specific Utah provisions.
Statute of limitations · Utah
You have 4 years to file a personal-injury lawsuit in Utah.
The clock starts on the date of injury. The controlling statute is Utah Code § 78B-2-307. Filing one day late dismisses the case with prejudice.
What the Utah statute of limitations actually says
Utah's rules of civil procedure give injured parties a defined period to sue. The clock starts on the day of injury (with limited exceptions), runs continuously, and stops only when a complaint is properly filed and served.
Utah's personal-injury deadline is 4 years from the date of injury (Utah Code § 78B-2-307). Medical-malpractice claims run separately at 2 years, often with a discovery-rule trigger. Wrongful-death claims run from the date of death, with a 2-year deadline.
The statute itself, Utah Code § 78B-2-307, is the controlling authority. Interpretive decisions come from UT Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Utah?
For most personal-injury claims in Utah, the clock starts the day the wrongful act causes harm. A car crash victim, for example, has the limitations period running from the moment of impact, not from the day the medical bills are tallied or the insurance company denies the claim.
Discovery rule
The discovery rule in Utah is narrowly applied. Courts generally require evidence that the injury was inherently undiscoverable, not merely that the plaintiff was unaware. Routine soft-tissue injuries from a car accident almost never qualify.
What happens if you file late
Filing late triggers an immediate motion to dismiss "with prejudice." That phrase matters: a dismissal with prejudice cannot be refiled. The same facts cannot be brought as a new case in a different court.
Exceptions that pause or restart the clock
Mental incapacity
Utah courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Utah cases.
Defendant absence from state
If the at-fault party leaves Utah after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Utah insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Utah courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Utah government entities
If your injury was caused by a Utah state or local government entity , a city bus, a police officer, a public-school employee , you generally must file a separate "notice of claim" within a much shorter window (typically 60 to 180 days) BEFORE filing a civil suit. Missing the notice deadline bars the lawsuit even if the longer SOL has not yet expired.
Comparative-fault rule that applies once you file on time
Filing on time gets you into court. Winning at trial is a separate question, and Utah's comparative-fault rule is the next major hurdle.
Utah applies modified comparative fault (50% bar). Utah uses modified comparative fault with 50% bar. Authority: Utah Code § 78B-5-818.
All Utah civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 4 years | Utah Code § 78B-2-307 | Date of injury |
| Medical malpractice | 2 years | Utah Code § 78B-2-307 | Discovery or treatment end |
| Wrongful death | 2 years | Utah Code § 78B-2-307 | Date of death |
| Property damage | 4 years | Utah Code § 78B-2-307 | Date of damage |
Utah auto-insurance framework you will encounter
Utah is a true no-fault state for car-accident claims. That means PIP coverage pays for medical bills regardless of fault. To sue the at-fault driver beyond PIP, you generally must clear a tort threshold of serious injury defined by Utah Code § 31A-22-309.
Utah requires UM coverage at a minimum of 25/65 (Utah Code § 31A-22-305). Stacking treatment: limited.
Utah damage caps that affect what you can recover
Utah caps non-economic damages in medical-malpractice cases at $450,000. Punitive damages are limited per statute ($200K or compensatory above $50K). Authority: Utah Code § 78B-3-410.
Utah statute-of-limitations FAQ
Does Utah extend the SOL if the at-fault driver leaves the state?
Utah tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Utah insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Utah courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Utah SOL.
What is "tolling" and when does it apply in Utah?
Tolling pauses the clock. Utah recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Utah-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Utah courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Utah permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Utah court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Utah?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Utah does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Utah personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Utah personal-injury statute: Utah Code § 78B-2-307. Primary authority for the 4-year deadline.
- Comparative-negligence rule: Utah Code § 78B-5-818. Establishes modified comparative fault (50% bar) in Utah.
- Auto-insurance / financial-responsibility: Utah Code § 31A-22-309. Minimum liability 25/65/15.
- Uninsured-motorist coverage: Utah Code § 31A-22-305.
- Damage caps: Utah Code § 78B-3-410.
- Court verification: Decisions of UT Sup. Ct., UT Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.