As stated earlier, Statutes of limitations vary depending on the type of case, especially in the context of criminal cases vs. civil cases.  For this, I want to concentrate on civil areas of law. Utah Code is what outlines the statute of limitations applicable in Utah.  More specifically, most civil statutes of limitations, but not all, are addressed under Utah Code Title 78B, Chapter 2.

What is the Statute of Limitations in Utah?

Statute of Limitations is tolled (the legal word for suspending the running of the time period) by different actions depending on the type of case that you have.  Generally, the Statute of Limitation is tolled by the filing of a Complaint in the Court system.  This does vary though with an uninsured, underinsured, or a claim involving a city, county, state, or town.

Below I have highlighted some different types of civil cases and the Statutes of Limitation assigned to them under the Utah Code.

• Automobile Accident or Injury:  4 years.  (This includes general negligence cases, including slip and falls.)
• Uninsured and Underinsured Motorist Claims: 3 years
• PIP Benefits:  3 years from the date of rejection
• Wrongful Death: Two years – Death caused by the wrongful act or negligence of another
• Libel/Slander/False Imprisonment:  One Year
• Claims that Involve City, County or Town:  One Year
• Trespass or Injury to Personal Property; Three Years

Typically, if the Statute of Limitations has expired, you have lost the right to be able to bring a case.  There are caveats or special circumstances which may apply to your case, which may extend the timeline.   For instance, a statute of limitation applicable to a minor’s claim generally does not start to run until the minor has reached the age of majority.  Also, there may be an option of looking at the date of discovery rather than the date the incident occurred.  That said, Statutes of Limitation typically have no wiggle room.  It is always best to speak to a qualified attorney to explore all of your options and rights.  Contacting an attorney sooner rather than later is always best as your timeline starts to run as soon as the incident or accident occurs.

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A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.  The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one’s previous conduct).

Generally, negligence occurs when an individual fails to act as an ordinary and reasonable individual would under the same circumstances.

What is Negligency Legally?

There are four elements that need to be established in order to prove negligence.  Those elements are:

1. Duty;
2. Breach of Duty;
3. Causation; and
4. Damages.

Duty is an obligation of an individual to exercise care towards others or act in a certain way.  Typically, this is the easiest element of negligence to prove.  Breach of Duty is displayed by providing facts to show that an individual failed to behave with reasonable case or actions that ordinary prudence requires.  Causation requires you to show that the injuries or damages you suffered are a consequence of another’s negligence.  Often, experts are hired to help establish causation.   Finally, you will have to show concrete evidence of the harms you have suffered.  Your lawyer will help you establish a monetary amount of your damages and may utilize your medical records, medical bills, and employment records to help substantiate this portion of our claim.

What are some examples of negligence?

• A driver of a vehicle, it could be someone who fails to stop at a red light;
• A dog owner whose dog bites someone walking in front of their home;
• A medical professional who misreads a study or laboratory results;
• A pharmacist who incorrectly fills a wrong prescription;
• A store owner who fails to put up a caution wet floor sign when a spill has occurred; or
• A building owner who does not make necessary repairs to unsteady stairs or flooring.

If you have been injured as a result of someone’s negligence, call our office to discuss your options.  We will take the time to listen to the facts of your claim and provide you an open and honest assessment.

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Damages relating to personal injury cases need to be established through reputable sources and are not just taken for word-of-mouth.  For example, if you want to claim lost wages, you will need to prove that a doctor excused you from work and deliver supporting documentation by way of a letter from your medical provider or have it noted in your medical records.  Moreover, you will need to make your pay stubs, employment records, and possibly your income tax returns available.  The same holds true for injuries you suffer.  These injuries need to be documented by medical providers by way of your medical records.  Treatment needs to be consistent and thorough.

West Valley City personal injury cases can be lengthy and time-consuming.  Generally, all of your medical treatment and damages need to be completed and met out prior to attempting to resolve your case with the insurance company.  Until that time, you need to be patient and attend all of your medical appointments.  Attempting an early resolution of your case could cost you in the long run.  Moreover, if your claim is unable to be resolved with the insurance company, litigation will need to be initiated.  This brings with it an entirely different and new timeline – one that is laid out under the Utah Rules of Civil Procedure.  Often, your attorney is at the mercy of the insurance company, other counsel, medical providers, experts, and the Courts.

Insurance companies do not pay out large, unjustified settlements for an insignificant amount of damages.  Rather, settlement monies are paid based on damages, facts of the case, future costs and care needed, permanent damage, and pain and suffering, in addition to other things.  If you have heard of an extraordinarily large settlement – check your facts.  There is almost certainly some underlying information that substantiated the amount of the settlement, or the settlement was granted in order to punish a party for abhorrent behavior.

Finally, case outcomes have shown that if you hire an attorney, the settlement value of your case tends to be significantly higher than if you were to resolve it on your own accord.  Personal injury cases have many intricacies, pitfalls, and nuances that skilled attorneys can overcome.

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Legal terms used in personal injury cases

Plaintiff: This is the person or entity filing a lawsuit in response to an accident or injury that has occurred.

Defendant: The person, entity, or party that is being sued by the Plaintiff.

Liability: The legal obligation that one party has about another party. For example, the person that caused or was deemed at fault in a car accident is liable for compensating Plaintiff for damages.

Damages: This is the legal term for the compensation that one part seeks from another as part of the personal injury civil case. Various kinds of damages can be pursued. Economic damages are financial compensations that have a direct number associated with their value. An example would be medical bills or quotes from autobody shops to repair a damaged vehicle. Non-economic damages do not have a direct number associated with them. They are damages that can be sought to compensate for things like pain and suffering associated with the injuries sustained from an accident. Finally, punitive damages are fines meant to punish a particular party for unacceptable behavior. An example could be wanton negligence and can only be sought after in certain situations.

Statute of Limitations: This is the length of time that someone can file a case. If the Statute of Limitations has passed, it is typically no longer possible to file a claim associated with that incident. Every state has different submissions lengths. You can find most civil statutes for Utah here.

Speak with an attorney

Please remember that these are not definitions taken directly out of a dictionary as you look at the terms above. If you have any questions about your case, it is best to contact the law firm representing you. If you or a loved one has been injured in Utah and is considering working with an attorney, consider calling The Law Offices of Roberto Hernandez.

Disclaimer

The information provided on this website is for informational purposes only. This website contains general information relating to areas of law familiar to our firm. The information should not be construed as legal advice or other professional advice. You should not rely on the contents of this website as such. Participation on this website does not create any kind of attorney-client relationship. If you need legal advice or representation, please contact my office, and I would be pleased to discuss your case with you and see if my firm can help.  

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