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Your Midvale Personal Injury Attorney
It is normal to feel unsure what to do first after an injury in Midvale. Utah law gives you fixed deadlines and a defined way of weighing fault, so you can start from facts instead of guesses. This page covers Utah’s filing deadlines, the separate rules for claims involving public entities, the 50% fault rule, and common questions about crashes, falls, products, and dog bites. The details of your situation decide which rule controls, and an attorney who knows Utah practice can sort that out quickly.
Your Utah Deadlines in One Place
- Standard injury claims get 4 years from the date of injury, per Utah Code 78B-2-307.
- Car damage from a crash: 4 years to file a claim for the vehicle itself (Utah Code 78B-2-307(3)).
- Wrongful death claims: 2 years, running from the death itself rather than the earlier injury (Utah Code 78B-2-304).
- Injured by a faulty product: 2 years from when you knew or should have known about both the injury and its cause (Utah Code 78B-6-706).
- Hurt by a government vehicle, building, or employee: file a notice of claim within 1 year, then sue within 2 years (Utah Code 63G-7-402 and 63G-7-403).
Utah's Time Limits for Injury Claims, Explained
The general limit for an injury lawsuit in Utah is four years from the injury, found in Utah Code 78B-2-307. That is longer than many states allow, but it applies to claims against private parties, and a few claim types run on shorter clocks.
Wrongful death claims get two years from the date of death under Utah Code 78B-2-304, and product liability claims get two years from discovery of the harm and its cause under Utah Code 78B-6-706. Both are shorter than the general limit.
For an injured minor, Utah Code 78B-2-108 stops the limitations period from running until age 18. Claims involving government entities are governed by their own rules and notice requirements, which is a good reason to ask sooner rather than later.
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When a Public Entity Is Involved
If a city, county, school district, or state agency (or one of its employees) caused your injury, Utah’s Governmental Immunity Act requires a written notice of claim within one year after the claim arises (Utah Code 63G-7-402). Miss it and the claim is barred, even though the general limit is four years.
Two more timing rules follow the notice: you cannot file the lawsuit until 60 days after the notice is filed, and you must file it within two years after the claim arises (Utah Code 63G-7-403). These claims are heard exclusively in Utah’s district courts.
A claim generally arises when the ordinary limitations clock would start, and that clock does not start until you knew, or with reasonable diligence should have known, of the claim and which entity was responsible (Utah Code 63G-7-401). The notice must go to the specific office the entity designates, which is one more reason to get help early.
What If You Were Partly at Fault?
Utah uses a modified comparative fault rule under Utah Code 78B-5-818. Being partly to blame does not automatically end your claim, but you can only recover if your share of fault is less than 50%. At 49%, your recovery is reduced by 49%; at 50% or more, you recover nothing.
When more than one party caused your injury, the fact finder assigns each a percentage, and no defendant pays more than its own percentage (Utah Code 78B-5-818(3) and 78B-5-819).
Which Court Hears a Midvale Injury Claim?
Where a case is filed usually depends on where the injury happened or where a defendant lives (Utah Code 78B-3a-201). For an injury in Midvale, that points to the district court for Salt Lake County, whose county seat is Salt Lake City, in the Third Judicial District.
What Kind of Injury Was It? What Utah Law Says
Below are direct answers for the most common kinds of injury claims, each tied to the Utah law that governs it.
I was hurt in a car crash in Midvale, what happens next?
Start by knowing that Utah’s no-fault rules apply. Your PIP benefits come first, and a lawsuit for general damages needs one of the listed injuries or more than $3,000 in medical expenses (Utah Code 31A-22-309). Fault still matters: at 50% or more, Utah Code 78B-5-818 bars recovery.
Damage to your vehicle is a separate matter with its own four-year limit (Utah Code 78B-2-307(3)), and Utah’s 50% fault rule applies to the injury claim as well.
What do I have to show after a slip and fall in Utah?
The core questions are what caused the fall, whether the owner knew or should have known about it, and whether they took reasonable steps. Photos of the spot, incident reports, and witness names all help, and the general four-year deadline applies unless a public entity owns the property.
Evidence matters most early on. Photographs of the spot, the incident report, and the names of anyone who saw what happened all help show what the owner knew.
What if I did not realize a product caused my injury?
The two-year clock in Utah Code 78B-6-706 does not start until you discovered, or should have discovered, both the harm and its cause. If the connection was not obvious at first, that discovery date is where an attorney will start.
Product claims can involve more than one party in the chain from manufacturer to seller, and Utah’s fault rules divide responsibility among them (Utah Code 78B-5-818(3)).
What can a wrongful death claim in Utah cover?
Utah’s wrongful death statute lets damages be awarded in the amount that, under all the circumstances of the case, may be just (Utah Code 78B-3-106). An attorney can explain what that has meant in practice for a family in your position.
If the person who died was an adult with a guardian at the time of death, only one action may be maintained for the person’s injury or death (Utah Code 78B-3-106(2)).
Do I have to prove the dog had bitten before to have a dog bite case in Utah?
No. Under Utah Code 18-1-1, the owner or keeper is liable regardless of whether the dog is vicious or mischievous or the owner knew it. There is a narrow exception for a trespasser injured on fenced private property, and shared fault can still reduce damages under Utah Code 78B-5-818.
If two or more dogs owned by different people acted together, all of their owners can be joined in the same action and damages are apportioned among them (Utah Code 18-1-2).
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Midvale and Salt Lake County
A claim arising in Midvale follows Utah’s statewide rules, with the Salt Lake County district court as the usual local venue and the Third Judicial District’s judges hearing it.
Medical negligence follows different Utah rules, covered on our Midvale medical malpractice page.
Frequently Asked Questions
Is four years too long to wait to talk to an attorney?
The deadline may be four years, but evidence and memories fade sooner, and some claims have much shorter deadlines. Talking to an attorney early costs nothing and clarifies which clock applies.
Does the wrongful death clock run from the injury or from the death?
From the date of death, under Utah Code 78B-2-304, which can be later than the date of the original injury.
Can I file suit right after sending a notice of claim to a Utah public entity?
No. Utah Code 63G-7-403 says you cannot file an action until 60 days after the notice of claim is filed.
What is Utah’s 50% rule?
If your fault is 50% or more, Utah Code 78B-5-818 bars you from recovering anything. Below 50%, your damages are reduced by your share.
Is Utah a no-fault state for car accidents?
Yes. Personal injury protection benefits come first, and a claim for general damages requires meeting the threshold in Utah Code 31A-22-309.
Do I need a lawyer for a slip and fall in Utah?
You are not required to have one, but early legal advice helps preserve evidence and clarify deadlines, and a consultation typically costs nothing.
Is there an exception to Utah’s dog bite liability rule?
Yes. An owner is not liable for injury to a trespasser who violated Utah Code 76-6-206(2) if the injury happened on the owner’s private property while the dog was reasonably secured within a fence or enclosure (Utah Code 18-1-1(3)).
Is the product liability deadline shorter than the general injury deadline?
Yes. It is two years from discovery (Utah Code 78B-6-706), compared with four years for most injury claims.
How many judicial districts does Utah have?
Eight, each covering several counties (Utah Code 78A-1-102).
Will talking to an attorney start a lawsuit?
No. A first conversation is only a way to understand your options and deadlines. Nothing is filed unless you decide to move forward.
What You Do Next Matters
Photos, records, and witness memories are easiest to gather early, and Utah’s clocks keep running whether or not you are ready to act. There is no requirement to arrive with a plan. Reaching out costs nothing and commits you to nothing, and it is often the fastest way to learn what is still possible.
