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Statute of Limitations for Personal Injury Claims in Orem

Act quickly after an accident because filing deadlines in Utah are strict. Don’t risk losing your right to compensation. Speak with Flickinger Boulton Robson Weeks at (801) 500-4000 to get started now.

Recovering from a car accident can be difficult. You may need weeks of physical therapy, struggle with daily activities, and feel anxiety as medical bills pile up. The stress of dealing with injuries, expenses, and everyday responsibilities can make it easy to put off legal action. It may feel overwhelming to think about filing a claim when you are already dealing with so much.

However, waiting too long can be a costly mistake. Utah has a legal deadline called the statute of limitations, which sets a time limit for filing a claim. If you miss this deadline, you may lose your right to seek compensation forever. This can leave you with no financial help for medical costs, lost wages, and other damages caused by the accident.

The good news is that taking action early can protect your rights and improve your chances of getting the compensation you deserve. 

At Flickinger Boulton Robson Weeks, our team of Orem personal injury lawyers understands the challenges you face, and we are ready to guide you through everything you need to know about the statute of limitations for personal injury claims in Orem so you can focus on healing.

Overview of The Statute of Limitations for Personal Injury Claims in Orem

A statute of limitations is a legal time limit that controls how long you have to start a lawsuit. In Utah, the general rule for personal injury cases is four years from the date of the injury. 

This means if you were hurt in an accident on January 1, 2023, you usually have until January 1, 2027 to file your lawsuit. If you fail to file within this window, the court will likely dismiss your case, leaving you with no legal recourse.

Although four years may sound like a lot of time, it can pass quickly. Medical treatment, recovery, and negotiations with insurance companies can take months or even years. 

Act quickly after an accident because filing deadlines in Utah are strict. Don’t risk losing your right to compensation. Speak with Flickinger Boulton Robson Weeks at (801) 500-4000 to get started now.

Recovering from a car accident can be difficult. You may need weeks of physical therapy, struggle with daily activities, and feel anxiety as medical bills pile up. The stress of dealing with injuries, expenses, and everyday responsibilities can make it easy to put off legal action. It may feel overwhelming to think about filing a claim when you are already dealing with so much.

However, waiting too long can be a costly mistake. Utah has a legal deadline called the statute of limitations, which sets a time limit for filing a claim. If you miss this deadline, you may lose your right to seek compensation forever. This can leave you with no financial help for medical costs, lost wages, and other damages caused by the accident.

The good news is that taking action early can protect your rights and improve your chances of getting the compensation you deserve.

At Flickinger Boulton Robson Weeks, our team of Orem personal injury lawyers understands the challenges you face, and we are ready to guide you through everything you need to know about the statute of limitations for personal injury claims in Orem so you can focus on healing.

Overview of The Statute of Limitations for Personal Injury Claims in Orem

A statute of limitations is a legal time limit that controls how long you have to start a lawsuit. In Utah, the general rule for personal injury cases is four years from the date of the injury.

This means if you were hurt in an accident on January 1, 2023, you usually have until January 1, 2027 to file your lawsuit. If you fail to file within this window, the court will likely dismiss your case, leaving you with no legal recourse.

Although four years may sound like a lot of time, it can pass quickly. Medical treatment, recovery, and negotiations with insurance companies can take months or even years.

Some people believe they should wait to see if they fully heal before taking legal steps, but that approach can be risky. In certain situations, there are exceptions that shorten or extend the time limit. This makes it very important to learn about the specific deadlines that apply to your case, and the only way to do that is to consult with a personal injury lawyer as soon as possible.

At Flickinger Boulton Robson Weeks, we encourage people to seek legal advice as soon as they can after an accident. Early action allows for better evidence collection, such as witness statements and detailed medical records. It also ensures you do not accidentally miss crucial deadlines that could compromise your claim.

 

 

Exceptions and Special Circumstances

While the standard time limit for personal injury claims in Utah is four years, there are important exceptions and special rules. These can either shorten or lengthen the deadline, depending on the facts of your case. Understanding these exceptions is essential if you do not want to lose your right to file.

Injuries Involving Minors

When the injured person is a minor, Utah law often tolls, or pauses, the statute of limitations clock. This means the four-year period may not begin until the child turns 18.

However, the rules can vary, and in some cases, a lawsuit must still be filed promptly to protect the minor’s interests. It is wise for parents to act quickly to preserve evidence. Even though the formal clock might not start right away, waiting too long can still make it harder to build a strong case.

Claims Against Government Entities

If your injury involves a state or local government agency, the rules are stricter. For instance, if you slip and fall on city-owned property or are hit by a government vehicle, you might have a limited time, often just one year, to file a formal claim.

Failing to do so within that time can cause your case to be dismissed. Each government entity may have its own procedures, so working with an attorney can help avoid administrative pitfalls.

Medical Malpractice Claims

Medical malpractice lawsuits have their own special deadlines. In Utah, you generally have two years from the date you discover or should have discovered the injury caused by a medical provider’s negligence.

However, there is an overall cap of four years from the date of the actual procedure or treatment in most cases. These time limits can be confusing, especially if symptoms appear long after the original treatment. Consulting a lawyer can help you determine if your claim is still viable.

Wrongful Death Cases

Wrongful death claims in Utah must typically be filed within two years of the date of death. This deadline can differ from the personal injury deadline because the clock starts on the date the person died, not necessarily the date of the accident.

Families dealing with grief may find it difficult to take legal steps right away, but missing the deadline can mean losing the ability to seek justice. Early consultation with an attorney can help manage both legal and emotional challenges.

Discovery Rule

In some cases, the discovery rule applies. This rule allows the statute of limitations clock to start when you first discover, or should reasonably discover, that you have been injured because of someone’s negligence.

For example, if you have a hidden injury from a defective product and only learn about it months later, the clock might start on the date of discovery rather than the date of the original exposure or purchase.

Because these exceptions can be complicated, it is important not to assume that you have four full years for every personal injury claim. Talking to an attorney who knows Utah law is the best way to ensure you understand the correct deadline. Missing these timeframes can result in losing your right to seek compensation, so being proactive is always wise.

 

 

Importance of Timely Filing for Personal Injury Claims in Orem

Acting quickly after a personal injury is not just about meeting a legal deadline, though that is certainly important. Filing a claim promptly can significantly affect your chances of getting fair compensation. Here are several reasons why timely filing is so vital.

Protecting Evidence

Evidence can vanish with time. Physical objects might be repaired or lost, witnesses might forget key details, and surveillance footage could be erased or recorded over.

By starting your claim process early, you preserve this evidence in its freshest form. This makes it easier to prove liability, show the extent of your injuries, and fight any attempts by insurance companies to deny or minimize your claim.

Enhancing Negotiations

Negotiations with insurance companies often start when you make a demand for compensation. If you wait too long, the insurance adjuster might question your motives or suggest that your injuries are not serious because you did not file immediately.

Early filing indicates that you are serious, and it gives you a stronger position in settlement talks. Insurance companies know you have the option to sue if negotiations fail, especially if you have plenty of time left on the statute of limitations clock. That possibility can lead them to make more reasonable offers sooner.

Avoiding Legal Risks

If you are too close to the end of the statute of limitations period, you might face time pressure that forces you into a less favorable settlement. Insurance companies may use this to their advantage.

They know if the clock is about to run out, you could risk losing everything. This leaves you with few options but to take whatever they offer, even if it is lower than what you deserve. Filing in a timely manner gives you control over the pace of negotiations and litigation.

Ensuring Accurate Medical Assessments

Sometimes, victims wait to see if their injuries heal on their own, hoping to save on legal costs. However, without early action, you might not undergo the thorough medical evaluations needed to document all potential problems.

Delayed diagnoses can harm your claim. An established medical record right after the accident is more credible and leaves less room for arguments that your injuries were caused by something else.

Reducing Stress

Living under the weight of an uncertain legal claim can be emotionally draining. By taking action promptly, you can begin the resolution process sooner. This helps you feel more in control of your future, knowing that someone is working on your behalf. It also lets you focus on physical and emotional recovery rather than constantly worrying about legal deadlines.

Fostering Stronger Attorney-Client Relationships

Attorneys do their best work when they have enough time to build a strong case. They can gather records, interview witnesses, and consult experts without rushing to meet an imminent deadline.

When you come to an attorney early, they have the opportunity to craft a thorough strategy, which can often improve your chances of a favorable settlement or verdict.

 

 

How Our Firm Ensures Compliance with Filing Deadlines

At Flickinger Boulton Robson Weeks, we take deadlines seriously. Our goal is to see that you never lose your right to seek compensation because of something as preventable as missing a filing deadline. Here is how we help our clients manage the statute of limitations and other key timeframes.

Immediate Case Evaluation

When you contact us, our first step is to learn about your accident, injuries, and any medical treatment you have had. We do this as soon as possible, which allows us to determine the general statute of limitations for your situation.

If you have a unique case, like an injury involving a government agency or medical malpractice, we note the specific deadlines that apply. By doing this work right away, we eliminate guesswork and reduce the risk of surprises down the road.

Thorough Investigation

Our team begins gathering evidence almost immediately. We may collect medical records, get copies of police reports, or interview witnesses while events are fresh in their minds. If an accident reconstruction expert is needed, we consult one early so they can analyze the scene before it changes.

This quick action helps build a solid foundation for negotiations or litigation. It also ensures that we know exactly how strong your case is, letting us advise you on whether to settle or move forward in court.

Regular Monitoring of Dates

Throughout your case, we track key dates and deadlines in a secure system. This system alerts us well in advance of critical cutoffs, such as the end of the standard four-year period or shorter deadlines for special circumstances.

Our attorneys and support staff collaborate to make sure that forms, notices, and court documents are filed in a timely manner. This coordinated approach helps prevent important details from slipping through the cracks.

Strategic Settlement Discussions

A big part of what we do involves talking with insurance companies. If a fair settlement is possible, we try to reach it well before the statute of limitations expires. That way, you can receive compensation sooner and avoid the stress of a lawsuit.

However, if negotiations stall or the insurance company tries to minimize your injuries, we have enough time to file a lawsuit without rushing. This balanced method keeps your options open.

Filing the Lawsuit When Necessary

If we decide that going to court is in your best interest, we will draft and file the complaint. We do not wait until the last minute, as that can lead to mistakes or insufficient preparation.

Filing early also demonstrates that we are serious about protecting your rights. Insurance companies often notice when a firm acts decisively and might become more willing to offer a fair settlement once a lawsuit is filed.

Ongoing Client Communication

We believe in keeping you informed. If a deadline is approaching or a settlement offer is on the table, we will explain the pros and cons of accepting or rejecting it.

This transparency allows you to make decisions with full knowledge of the risks and benefits. You will never feel in the dark or pushed into a quick choice because of timing.

Track Record of Success

We have served many clients across Utah, including in Orem, for a wide range of personal injury cases. We have achieved multi-million dollar results for claims involving car accidents, wrongful deaths, and other serious injuries.

While we cannot guarantee a specific outcome, our approach to meeting deadlines and building strong cases has helped numerous people secure the compensation they need.

Through these steps, Flickinger Boulton Robson Weeks helps you avoid losing your legal rights. Our detail-oriented method offers you peace of mind. You can focus on recovery knowing that we are on top of filing deadlines, negotiating with insurers, and handling every legal detail with care.

Some people believe they should wait to see if they fully heal before taking legal steps, but that approach can be risky. In certain situations, there are exceptions that shorten or extend the time limit. This makes it very important to learn about the specific deadlines that apply to your case, and the only way to do that is to consult with a personal injury lawyer as soon as possible. 

At Flickinger Boulton Robson Weeks, we encourage people to seek legal advice as soon as they can after an accident. Early action allows for better evidence collection, such as witness statements and detailed medical records. It also ensures you do not accidentally miss crucial deadlines that could compromise your claim.

 

 

Exceptions and Special Circumstances 

While the standard time limit for personal injury claims in Utah is four years, there are important exceptions and special rules. These can either shorten or lengthen the deadline, depending on the facts of your case. Understanding these exceptions is essential if you do not want to lose your right to file.

Injuries Involving Minors

When the injured person is a minor, Utah law often tolls, or pauses, the statute of limitations clock. This means the four-year period may not begin until the child turns 18. 

However, the rules can vary, and in some cases, a lawsuit must still be filed promptly to protect the minor’s interests. It is wise for parents to act quickly to preserve evidence. Even though the formal clock might not start right away, waiting too long can still make it harder to build a strong case.

Claims Against Government Entities

If your injury involves a state or local government agency, the rules are stricter. For instance, if you slip and fall on city-owned property or are hit by a government vehicle, you might have a limited time, often just one year, to file a formal claim. 

Failing to do so within that time can cause your case to be dismissed. Each government entity may have its own procedures, so working with an attorney can help avoid administrative pitfalls.

Medical Malpractice Claims

Medical malpractice lawsuits have their own special deadlines. In Utah, you generally have two years from the date you discover or should have discovered the injury caused by a medical provider’s negligence. 

However, there is an overall cap of four years from the date of the actual procedure or treatment in most cases. These time limits can be confusing, especially if symptoms appear long after the original treatment. Consulting a lawyer can help you determine if your claim is still viable.

Wrongful Death Cases

Wrongful death claims in Utah must typically be filed within two years of the date of death. This deadline can differ from the personal injury deadline because the clock starts on the date the person died, not necessarily the date of the accident. 

Families dealing with grief may find it difficult to take legal steps right away, but missing the deadline can mean losing the ability to seek justice. Early consultation with an attorney can help manage both legal and emotional challenges.

Discovery Rule

In some cases, the discovery rule applies. This rule allows the statute of limitations clock to start when you first discover, or should reasonably discover, that you have been injured because of someone’s negligence. 

For example, if you have a hidden injury from a defective product and only learn about it months later, the clock might start on the date of discovery rather than the date of the original exposure or purchase.

Because these exceptions can be complicated, it is important not to assume that you have four full years for every personal injury claim. Talking to an attorney who knows Utah law is the best way to ensure you understand the correct deadline. Missing these timeframes can result in losing your right to seek compensation, so being proactive is always wise.

 

 

Importance of Timely Filing for Personal Injury Claims in Orem

Acting quickly after a personal injury is not just about meeting a legal deadline, though that is certainly important. Filing a claim promptly can significantly affect your chances of getting fair compensation. Here are several reasons why timely filing is so vital.

Protecting Evidence

Evidence can vanish with time. Physical objects might be repaired or lost, witnesses might forget key details, and surveillance footage could be erased or recorded over. 

By starting your claim process early, you preserve this evidence in its freshest form. This makes it easier to prove liability, show the extent of your injuries, and fight any attempts by insurance companies to deny or minimize your claim.

Enhancing Negotiations

Negotiations with insurance companies often start when you make a demand for compensation. If you wait too long, the insurance adjuster might question your motives or suggest that your injuries are not serious because you did not file immediately. 

Early filing indicates that you are serious, and it gives you a stronger position in settlement talks. Insurance companies know you have the option to sue if negotiations fail, especially if you have plenty of time left on the statute of limitations clock. That possibility can lead them to make more reasonable offers sooner.

Avoiding Legal Risks

If you are too close to the end of the statute of limitations period, you might face time pressure that forces you into a less favorable settlement. Insurance companies may use this to their advantage. 

They know if the clock is about to run out, you could risk losing everything. This leaves you with few options but to take whatever they offer, even if it is lower than what you deserve. Filing in a timely manner gives you control over the pace of negotiations and litigation.

Ensuring Accurate Medical Assessments

Sometimes, victims wait to see if their injuries heal on their own, hoping to save on legal costs. However, without early action, you might not undergo the thorough medical evaluations needed to document all potential problems. 

Delayed diagnoses can harm your claim. An established medical record right after the accident is more credible and leaves less room for arguments that your injuries were caused by something else.

Reducing Stress

Living under the weight of an uncertain legal claim can be emotionally draining. By taking action promptly, you can begin the resolution process sooner. This helps you feel more in control of your future, knowing that someone is working on your behalf. It also lets you focus on physical and emotional recovery rather than constantly worrying about legal deadlines.

Fostering Stronger Attorney-Client Relationships

Attorneys do their best work when they have enough time to build a strong case. They can gather records, interview witnesses, and consult experts without rushing to meet an imminent deadline. 

When you come to an attorney early, they have the opportunity to craft a thorough strategy, which can often improve your chances of a favorable settlement or verdict.

 

 

How Our Firm Ensures Compliance with Filing Deadlines 

At Flickinger Boulton Robson Weeks, we take deadlines seriously. Our goal is to see that you never lose your right to seek compensation because of something as preventable as missing a filing deadline. Here is how we help our clients manage the statute of limitations and other key timeframes.

Immediate Case Evaluation

When you contact us, our first step is to learn about your accident, injuries, and any medical treatment you have had. We do this as soon as possible, which allows us to determine the general statute of limitations for your situation. 

If you have a unique case, like an injury involving a government agency or medical malpractice, we note the specific deadlines that apply. By doing this work right away, we eliminate guesswork and reduce the risk of surprises down the road.

Thorough Investigation

Our team begins gathering evidence almost immediately. We may collect medical records, get copies of police reports, or interview witnesses while events are fresh in their minds. If an accident reconstruction expert is needed, we consult one early so they can analyze the scene before it changes. 

This quick action helps build a solid foundation for negotiations or litigation. It also ensures that we know exactly how strong your case is, letting us advise you on whether to settle or move forward in court.

Regular Monitoring of Dates

Throughout your case, we track key dates and deadlines in a secure system. This system alerts us well in advance of critical cutoffs, such as the end of the standard four-year period or shorter deadlines for special circumstances. 

Our attorneys and support staff collaborate to make sure that forms, notices, and court documents are filed in a timely manner. This coordinated approach helps prevent important details from slipping through the cracks.

Strategic Settlement Discussions

A big part of what we do involves talking with insurance companies. If a fair settlement is possible, we try to reach it well before the statute of limitations expires. That way, you can receive compensation sooner and avoid the stress of a lawsuit. 

However, if negotiations stall or the insurance company tries to minimize your injuries, we have enough time to file a lawsuit without rushing. This balanced method keeps your options open.

Filing the Lawsuit When Necessary

If we decide that going to court is in your best interest, we will draft and file the complaint. We do not wait until the last minute, as that can lead to mistakes or insufficient preparation. 

Filing early also demonstrates that we are serious about protecting your rights. Insurance companies often notice when a firm acts decisively and might become more willing to offer a fair settlement once a lawsuit is filed.

Ongoing Client Communication

We believe in keeping you informed. If a deadline is approaching or a settlement offer is on the table, we will explain the pros and cons of accepting or rejecting it. 

This transparency allows you to make decisions with full knowledge of the risks and benefits. You will never feel in the dark or pushed into a quick choice because of timing.

Track Record of Success

We have served many clients across Utah, including in Orem, for a wide range of personal injury cases. We have achieved multi-million dollar results for claims involving car accidents, wrongful deaths, and other serious injuries. 

While we cannot guarantee a specific outcome, our approach to meeting deadlines and building strong cases has helped numerous people secure the compensation they need.

Through these steps, Flickinger Boulton Robson Weeks helps you avoid losing your legal rights. Our detail-oriented method offers you peace of mind. You can focus on recovery knowing that we are on top of filing deadlines, negotiating with insurers, and handling every legal detail with care.

Contact us Today for Help With Your Personal Injury Claim in Orem

Do not let time slip away if you have been hurt in an accident in Orem. Contact an Orem personal injury lawyer at Flickinger Boulton Robson Weeks for a free consultation by calling (801) 500-4000.  Our compassionate team will listen to your story, explain the statute of limitations that applies, and help you explore all available options. Missing a filing deadline can cost you the chance to recover damages, but acting soon can make all the difference. We are ready to fight for your rights and guide you on the path to healing.

Call today for a free consultion!

What Type of Vehicles WERE INVOLVED?

Accidents involving different types of vehicles are handled differently. For example, an accident involving a UTA bus may be much more complex than a single-car accident.

At Flickinger • Boulton • Robson • Weeks, we can help with any type of motor vehicle accident, including:

Bicycle

Bicycle Accidents

Motorcycle

Motorcycle Accidents

Boat

Boating Accidents

RV or Camper

Recreational Vehicle Accidents

Bus

Bus and Mass Transit Accidents

Pedestrian

Pedestrian Accidents

Car

Automobile Accidents

ATV or UTV

ATV or UTV Rollovers

Commercial Vehicle

Commercial Vehicle Accidents

Semi Truck

Semi Truck and Trailer Accidents

OUR HEROES

“When there has been a serious auto accident and all you can do is concentrate on getting your critically injured family member well again, you need someone who will have your back. That someone is Mark Flickinger. He is qualified, capable, confident and will fight for your best interests. His staff are supreme and articulate. Together they made our lives good again and will always be our heroes.”
– Karen S.