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If you’ve suffered injuries from an accident where another party is to blame, or from a doctor’s error, then you may be entitled to compensation under Utah’s personal injury laws. For your lawsuit to be successful, you and your Salt Lake City personal injury lawyer must prove that the party responsible for your injuries (known as the defendant) had a legal obligation, or duty of care, to try to keep from hurting you. You also need to show the defendant acted in a negligent, reckless or intentional manner that led to your injuries, and you suffered expenses as a result.

How Long Do I Have to File a Utah Accident Lawsuit?

Under Utah law, there are time limits, known as statutes of limitations, to file a personal injury lawsuit.

If you’re alleging you were hurt as a result of medical malpractice, or were injured by a defective or dangerous product, then you have two years from the date of your injury or medical diagnosis to file a personal injury lawsuit. In all other accident claims, you have four years from the date of your injury to file a case. It’s important to note that this is the deadline to file the lawsuit; even if you’ve previously made an insurance claim or had settlement discussions with the responsible party, you’ll still need to file a lawsuit before the deadline if you want to use the court system to try to collect compensation.

Comparative Fault & Utah Personal Injury Cases

When determining how much compensation an injured party should receive, Utah courts apply a standard known as comparative fault or comparative negligence. In essence, you can only recover money from the defendant if you bear less responsibility for the accident or injuries than the defendant.

Suppose, for example, that were driving your car and were rear-ended in a two car accident. If the driver who hit you was driving in a negligent or reckless manner — speeding, texting while driving or driving while intoxicated — then the court might find that the other driver bears 100 percent of the responsibility for the accident. But suppose your brake lights were out, you were aware of it and had failed to have them repairs. Or imagine you were driving while distracted and had to swerve at the last minute to avoid a collision and were consequently rear-ended by the car behind you. In those instances, the court might decide that you bear 25 percent, 50 percent or even 100 percent of the responsibility for your accident.

If you bear 50 percent or more of the responsibility, you’ll be unable to receive any money for your injuries. If you are more than 0 percent to blame for the accident but less than 50 percent to blame, any compensation you receive will be reduced in direct proportion to your share of the blame.