Utah Civil Statute of Limitations Laws

All states have developed laws to regulate the period of time a person can bring a civil or legal action against another person or entity. These laws, known as "statutes of limitations," set the limitations period for filing lawsuits. If you sue after this time limit, your claim will get barred, and the defendant will win automatically.

While this article focuses on civil matters, it's important to note that Utah also has statutes of limitations governing criminal cases. A criminal statute of limitations sets deadlines for prosecuting crimes, and the time limit depends on the specific offense.

This article will discuss Utah's civil statute of limitations laws and how they might impact your ability to take legal action. If you need to file a lawsuit, hire a litigation attorney immediately.

When Does the Time Limit Begin?

Under the Utah statute of limitations, the time to file a lawsuit typically begins when the injured person knew or should have known, suffered harm, and understood its nature. This "discovery rule" applies to various cases, including personal injury and car accidents. For most civil actions, the clock starts on the date of the incident or injury, but exceptions exist when the harm isn't immediately clear.

In cases involving evidence like DNA evidence, the discovery of new information may adjust the filing time frame. Understanding when the clock starts is essential, as it varies depending on the type of case and can impact your ability to pursue legal action.

Tolling of the Statute of Limitations

The time period to sue can get extended for various reasons, based on the legal concept of "tolling." Generally, being under the age of majority, 18 years old in Utah, or having a mental disability causes the clock to stop. If someone suffered from severe mental illness for many years and was harmed during this time, it would be unfair to expect them to have the mental capacity to sue.

The following chart lists the statutes of limitations for various civil cases in Utah.

Code sections

Utah Code Title 78B: Judicial Code, Chapter 2: Statute of Limitations

Wrongful death

Two years (U.C.A. § 78B-2-304)

Injury to person

Four years (U.C.A. § 78B-2-307)

Injury to personal property

Three years (U.C.A. § 78B-2-305)

Injury to real property or trespass

Three years (U.C.A. § 78B-2-305)

Libel or slander

One year (U.C.A. § 78B-2-302)

Fraud

Three years (U.C.A. § 78B-2-305)

Medical malpractice

Two years after discovering or reasonably should have discovered the injury caused by a health care provider, but not more than four years from the date of the act, omission, neglect, or occurrence (U.C.A. § 78B-3-404)

Contracts

Four years if an oral or verbal contract, six years if the contract was in writing (U.C.A. § 78B-2-307)

Collection of rent

For commercial leases, four years, but can agree to a shorter time limit for rent collection in the original lease, as short as one year (U.C.A. § 70A-2a-506)

Judgments

Eight years (U.C.A. § 78B-2-311)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

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Questions About Utah Civil Statute of Limitations Laws? Ask an Attorney

Utah's civil statute of limitations often depends on the type of injury and legal issue involved. If you're dealing with a personal injury claim, it's in your best interests to get legal advice from a local Utah personal injury attorney who can ensure that you begin your cause of action within Utah's civil statute of limitations laws.

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