Utah Law

You Have 4 Years to File — But Waiting Even 4 Months Is a Mistake

March 20, 2026·6 min read
Brad DeBry — Founding Attorney at LawyerUp
Brad DeBry, J.D.

Founding Attorney • Utah State Bar (1996) • 30+ Years Experience

March 20, 2026

The Law Gives You 4 Years. Reality Gives You Less.

Under Utah Code §78B-2-307, you have 4 years from the date of your injury to file a personal injury lawsuit. That sounds like plenty of time. But after handling thousands of cases over 28 years, I can tell you: the cases we win big are the ones where clients called us within days. Not months. Not years. Days. Here's why.

Evidence Has an Expiration Date

Surveillance camera footage? Most businesses overwrite it every 30-60 days. Witness memories? They start fading within weeks. Skid marks on the road? Gone after the next rain. The physical evidence that proves your case doesn't wait for you to be ready. Every day you delay, something disappears. I've had cases where a single traffic camera video — obtained 3 days after the accident — was the reason we won a $1.2 million verdict. If that client had waited 90 days to call, that video would have been gone.

Wrongful Death: You Only Get 2 Years

If you've lost a loved one due to someone's negligence, the clock is even tighter. Utah Code §78B-3-106 gives you just 2 years for wrongful death claims. Losing a family member is devastating. The last thing you want to think about is legal deadlines. But missing this one means losing your right to hold the responsible party accountable — forever. If you've lost someone, please call us. We'll handle everything with compassion and urgency.

The Insurance Company Is Counting on You Waiting

Here's something most people don't realize: while you're sitting at home wondering if you should call a lawyer, the insurance company is already building their defense. They're gathering evidence. They're taking statements. They're constructing a narrative that minimizes their liability. Every day you wait is another day they get ahead of you. Don't let them control the timeline. Call us, let us evaluate your case for free, and we'll tell you honestly whether you have a claim worth pursuing.

Frequently Asked Questions

Can I file after the statute of limitations expires?

In almost all cases, no. Once the deadline passes, the court will dismiss your case. There are very narrow exceptions (discovery rule, minor plaintiffs), but don't count on them. Call us now.

Does the statute of limitations apply to property damage claims too?

Yes. Utah Code §78B-2-307 covers both personal injury and property damage claims with the same 4-year limit.

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