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Statute of Limitations
UTAH

Negligence / Personal Injury

2 years2 years with Discovery Rule.

Wrongful Death

2 years2 years with Discovery Rule.

Medical Malpractice

2 years with Discovery Rule (1 year from act) but never more than 4 years from occurrence. Actions against health-care providers must be filed within two years of the malpractice or within two years from the date the injury was, or should have been, discovered. In no event may a person file a medical malpractice action more than four years from the date of the act giving rise to the injury. These time limitations also apply to minors under 18. In foreign object cases suit must be filed within one year of insertion of the object or within one year from the date the plaintiff discovered, or should have discovered, the object. These time limitations also apply to minors under 18. Various rules apply to amount of recovery.

Asbestos

3 yearsActions may be commenced up to 3 years after discovery.

Discovery Rule

Standard rule applies in Utah except see medical malpractice above.

Intentional Torts

1 year1 year

Fraud

3 years3 Years for relief on ground of fraud or mistake.

Disabilities

SOL runs from end of disability for infants (18th birthday) and insane persons. No toll for disability in malpractice cases.

Comparative Negligence

Applies.

Municipalities

2years2 years for actions against state or municipalities.

Sovereign Immunity

Waived only by specific statutes.

Punitive Damages

Follows common law rules.

Consumer Fraud Complaint

Utah Department of Commerce Division of Consumer Protection
(801)530-6601
(800)721-SAFE

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