How much time do you have to file a lawsuit in Utah?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Utah Statutes

Utah Statutes of Limitation

78-12-25. Within four years.
An action may be brought within four years:

(1) upon a contract, obligation, or liability not founded upon an instrument in writing; also on an open account for goods, wares, and merchandise, and for any article charged on a store account; also on an open account for work, labor or services rendered, or materials furnished; provided, that action in all of the foregoing cases may be commenced at any time within four years after the last charge is made or the last payment is received;

78-12-26. Within three years.
An action may be brought within three years:

(1) for waste, or trespass upon or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovary by the aggrieved party of the facts constituting such waste or trespass;

(2) for taking, detaining, or injuring personal property, including actions for specific recovary thereof; except that in all cases where the subject of the action is a domestic animal usually included in the term "livestock," which at the time of its loss has a recorded mark or brand, if the animal strayed or was stolen from the true owner without the owner's fault, the cause does not accrue until the owner has actual knowledge of such facts as would put a reasonable man upon inquiry as to the possession of the animal by the defendant;

(3) for relief on the ground of fraud or mistake; except that the cause of action in such case does not accrue until the discovary by the aggrieved party of the facts constituting the fraud or mistake;

(4) for a liability created by the statutes of this state, other than for a penalty or forfeiture under the laws of this state, except where in special cases a different limitation is prescribed by the statutes of this state;

(5) to enforce liability imposed by Section 78-17-3, except that the cause of action does not accrue until the aggrieved party knows or reasonably should know of the harm suffered.

78-12-28. Within two years.
An action may be brought within two years:

(1) against a marshal, sheriff, constable, or other officer for liability incurred by the doing of an act in his official capacity, and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution;

(2) for recovary of damages for a death caused by the wrongful act or neglect of another;

(3) in causes of action against the state and its employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or

(4) in causes of action against a political subdivision of the state and its employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.

78-12-29. Within one year.
An action may be brought within one year:
(1) for liability created by the statutes of a foreign state;
(2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the state, except when the statute imposing it prescribes a different limitation;
(3) upon a statute, or upon an undertaking in a criminal action, for a forfeiture or penalty to the state;
(4) for libel, slander, assault, battery, false imprisonment, or seduction;

78-14-4. Statute of limitations -- Exceptions -- Application.
(1) No malpractice action against a health care provider may be brought unless it is 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, except that:
(a) In an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; and
(b) In an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.
(2) The provisions of this section shall apply to all persons, regardless of minority or other legal disability under Section 78-12-36 or any other provision of the law, and shall apply retroactively to all persons, partnerships, associations and corporations and to all health care providers and to all malpractice actions against health care providers based upon alleged personal injuries which occurred prior to the effective date of this act; provided, however, that any action which under former law could have been commenced after the effective date of this act may be commenced only within the unelapsed portion of time allowed under former law; but any action which under former law could have been commenced more than four years after the effective date of this act may be commenced only within four years after the effective date of this act.

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Contact one of our personal injury lawyers to discuss your case today. You can submit your personal injury case, or just ask a question, it's free, and you pay absolutely nothing until we win your case. *The information on this website regarding Statutes of Limitations is for informational purposes only and may not be up to date or accurate.