Typically, any person who has been injured in a car accident because of another party’s negligent action can file a lawsuit against the responsible party. Such kind of case is called a personal injury claim.
States vary in terms of the limitations and rules about car accidents. But this type of case has a statute of limitations that must be followed if claimants want to secure the compensation they truly deserve for their injuries and losses.
A statute of limitations imposes a time limit for injured people to begin legal proceedings. Often, it starts from the accident date, though some exceptions apply. A statute of limitations encourages victims to promptly process their cases and prevent them from indefinitely threatening others with a lawsuit. In addition, it prevents injustice because of fading memories and destroyed evidence.
Statute of Limitation for Car Accidents
To file a personal injury case in Utah, you must follow the four-year deadline, which starts from the accident date. But because the rules and laws that surround this deadline are quite complex, it is best to have a Moxie Law Group attorney handling your case.
Several factors may alter the specifications, start date, and length of the statute. This depends on the circumstances of the incident, the parties involved in the case, and the kinds of injuries suffered. The statute of limitations does not apply to the following:
- A claim for property damage that doesn’t include personal injuries. This claim has a statute of limitations of three years.
- If an accident resulted in death. In this case, the surviving family members can bring a wrongful death claim within two years of the death.
- If filing against a government agency. Claimants can file a claim within one year of the accident. If filing a claim against a state agency, they have two years.
Reasons You Must File as Soon as Possible
Time is essential when it comes to injury claims. Although the statute of limitations may offer a four-year window to file an injury lawsuit, waiting to file is not a good strategy. Below are the reasons you should not wait to file:
- Evidence can disappear. Accident witnesses can become more difficult to find, memories fade, and physical evidence can disappear. Starting your claim sooner, instead of later, allows you to preserve important evidence to strengthen your case.
- Document medical treatments. By starting your case early, all of your injuries and treatments are properly documented by your medical team. Such ongoing documentation will create comprehensive medical records that show your injuries’ full extent and their effects on your life.
- Insurers don’t wait. Usually, insurers will investigate an accident right away. When you delay, the insurer may be able to build a case against you.
- Financial stress can increase. Lost wages, medical expenses, and others can pile up quickly following an injury. By starting the claims process right away, you access the compensation you need to relieve your financial stress.
- Peace of mind. The aftermath of accident-related injuries can be stressful to deal with. Taking prompt action lets you get peace of mind because you know you have taken steps to fight for your rights. Also, this means having an attorney handling your case while you concentrate on recovering from your injuries.
What to Know After Filing Your Claim on Time
After you have filed a personal injury claim before the statute of limitations expires, you must understand how some factors will impact your case’s outcome. A significant element to think about when filing an injury claim is determining negligence in your case.
Utah follows the modified comparative negligence rule, which sets a 50 percent limit on the fault of every party to claim compensation. So, if you are found to be at least 50% at fault for the accident, you cannot recover compensation.
