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When you get hurt in a pedestrian accident, time matters. Utah has laws that limit how long you can wait to file a lawsuit. This is called the "statute of limitations." Knowing these limits can help you make sure your rights are protected.
At ReshLaw Accident & Injury, we can help you with your personal injury claim after a Utah car or pedestrian accident. We can file a pedestrian, car accident, or personal injury lawsuit against the “at-fault driver” while pursuing the car insurance company for a fair settlement. We understand that pedestrian and car accidents can be stressful, but our personal injury attorneys stand ready to help you with your personal injury case.
Learn more about pedestrian and car crashes below. Then, contact us to schedule a free consultation with our personal injury lawyer.
In Utah, you have four years to file a lawsuit for a pedestrian accident. This time starts from the date of the car accident with the pedestrian. If you miss this deadline, the court might not hear your case. So, it's crucial to act within this timeframe.
However, there are situations where the standard four-year limitation is altered. Different factors can make the time longer or shorter. It's important to know these factors. They help you understand how much time you truly have.
Every type of case has its own set of rules. If your case involves a contract instead of an injury, the time limit may vary. Some contract cases have a six-year limit. If it's about a sale of goods, it might be only four years. The “type” of case can dramatically alter the time limit.
If a government entity is involved, the rules may be modified yet again, and you may only have one year to file a claim. The age of the person injured also matters. Sometimes, if they are a minor, the statute of limitations does not begin to run until they are 18. There are other reasons why the timeframe may change in a pedestrian case and it is important to know the different scenarios.
Personal injury cases, like crosswalk or pedestrian accidents, usually follow the four-year rule. But be careful as other factors can alter this. Always double-check the rules for your specific situation.
If a government agency or worker caused the pedestrian accident, be alert. The time to file a claim may be shorter, and you may only have one year to bring your claim. Additionally, there are special forms and steps to follow.
Lawsuits against the government are complex. There are extra protections for government entities. Knowing the rules is essential. Missing a deadline can cost you your chance to find justice for your injuries.
If the person hurt is a child, the rules may be different. Children usually have longer to bring lawsuit. This extra time helps protect their rights as children are generally not capable of making life-altering decisions. In most cases they can often wait until they turn 18 to “start the clock.”
But this isn't always the case. There are exceptions. Some injuries might have tighter deadlines. It's best to act quickly, even if a child is involved.
Sometimes, an injured party may not know if they are hurt right away. The "discovery rule" helps protect the injured in these cases. This rule means the clock starts when you “discover,” or should have discovered the injury with reasonable effort.
For example, if you find out about an injury two years after an accident, the four-year clock may not start until the discovery date. But be careful. Proving when you "discovered" the injury can be complicated and should include the intervention of an experienced attorney.
The clock typically begins ticking on the accident date. This is called the "commencement date." From this point, you can begin counting the days and years. You need to file your claim in a Utah court before the time for the statute of limitations runs out.
The day of the accident is often day one. If an accident happened on January 1st, 2020, an example deadline might be January 1st, 2024. Counting four years from the date of the accident is usually simple.
But remember the exceptions. Some factors can change the start date, such as the discovery rule or if a child is the victim. Always double-check your specific start date.
As mentioned, injuries are not always obvious. You might feel fine after an accident. But in many instances the pain and injury may not start until days or even months later. This is where the discovery rule comes into play.
This rule gives victims a fair chance. If you didn't know about the injury, how could you file a lawsuit? Once you know, or should have known, the clock starts. The legal implications of this rule are complex, and having an experienced lawyer look at the case is almost always advisable.
Children and those mentally incapacitated are usually allowed extra time. The law understands they might need more time. The clock might not start until a child turns 18 or until an incapacitated person regains capacity if applicable.
The most important thing to understand is that these rules are complex. Don't assume you have unlimited time. Acting sooner is always better than acting later. Waiting too long may severely limit your case and foreclose your opportunity for justice.
Calculating the statute of limitations might seem simple. Keep in mind that exceptions and rules can change the calculation. Four years is the standard time for pedestrian accidents in Utah.
Yet, the start and end dates might shift. Factors like the discovery rule or the victim's age play a part. Always make sure to understand your specific time limit. Consulting an attorney expert can help clear any confusion.
Sometimes, the clock pauses due to certain situations. This is called "tolling." Tolling can give an injured party or pedestrian extra time to file a lawsuit. Whether or not “tolling” might apply in your case is a question for an experienced attorney.
Tolling offers pedestrians a fair shot at justice. However, when tolling applies is not always obvious. A case can be tolled for several reasons, such as if the pedestrian is a child or mentally incapacitated. Another example is if a legal reason stops the lawsuit for a period of time. Knowing if tolling applies is essential. It can give you extra time, but it's not a guarantee. Always check if tolling might help your case.
There are a few specific scenarios where time can be extended. If the defendant leaves the state, the clock might pause. Or, similarly, if the person who hurt you tries to hide, the clock may stop. But, these situations are specific, rare and truly apply the old adage of “case by case” scenario.
Understanding these exceptions is crucial. They can change the outcome of your case. If you think any apply, act quickly. Getting expert advice can help.
Missing the deadline in a pedestrian case is serious. Waiting even one day too long may result in the court dismissing your case. At that point, you have almost no recourse and have lost your chance for justice and any compensation you might have received. Acting within the time limit is crucial. It preserves your rights in a pedestrian accident. Always make sure to understand your specific deadline.
A. Contacting an Attorney
When faced with a pedestrian accident, seeking legal advice is crucial. An attorney offers guidance through the intricate legal maze. Their expertise can illuminate the often confusing rules and exceptions. They provide clarity, ensuring you understand your rights.
In addition, an attorney is not just a guide; they are your advocate. Their experience in similar cases can significantly boost your chance of a favorable outcome. From the start to the end, they are your ally. They ensure that your rights are protected and your voice is heard.
B. Gathering Evidence and Documentation
Every claim hinges on evidence. Evidence in a pedestrian accident is the backbone that supports your case. Immediate action is vital. Start by collecting photos, getting witness statements, and noting the accident's essential details.
Besides the initial evidence, medical documentation is paramount. It paints a picture of the physical and emotional toll that the accident has had on your life. Also, maintain a record of all expenses linked to the incident. Together, this documentation offers a robust case, substantiating your claims.
C. Initiating the Legal Process
Entering the legal realm is a significant step. It begins with your attorney filing a complaint. This document, lodged in court, serves a pivotal role. It articulates your grievances, presenting the basis for your claims.
But the complaint does more than just state your case. It signals the start of a legal journey. It formally requests the court's intervention. It also outlines why you believe you're entitled to compensation for your pedestrian accident.
D. Court Procedures and Timeline
Upon filing, the gears of justice begin to turn. This phase sees both parties trading information in a process called "discovery." It's a time of revelation, where hidden details might emerge. It offers insights into both sides of the story.
Following discovery, the court's involvement deepens. Hearings may be set, and negotiations might ensue. These processes, often complex, demand patience and persistence.
Utah law is complex, but you do not have to navigate a pedestrian accident by yourself. Instead, reach out to us for a free initial consultation. We will aggressively pursue compensation for your medical bills, personal injuries, and pain and suffering. Our law firm is here to fight for you.
When facing a pedestrian accident lawsuit, you need a guide. ReshLaw Accident & Injury has the expertise you need. Our team understands Utah laws. We're ready to help you navigate this complex process.Your rights and future are essential. Don't face this challenge alone. Trust in our experience. Contact us today for an initial consultation. Together, we can seek justice for you.
