UTAH INJURY ATTORNEY EXPLAINS TIME LIMITATION FOR FILING SUIT

PERSONAL INJURY CLAIMS AGAINST A UTAH TOWN, CITY, COUNTY, STATE OR OTHER GOVERNMENT ENTITY

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A Utah injury legal claim against a state or local governmental entity is started when a Utah personal injury lawyer files a "Notice of Claim".

The rules describing the content of a Notice of Claim are very precise and are found in Utah Code Section 63-30d-401.

Here's an excerpt from this Code Section:

"(3) (a) The notice of claim shall set forth: (i) a brief statement of the facts; (ii) the nature of the claim asserted; (iii) the damages incurred by the claimant so far as they are known; and (iv) if the claim is being pursued against a governmental employee individually as provided in Subsection 63-30d-202(3)(c), the name of the employee.

(b) The notice of claim shall be: (i) signed by the person making the claim or that person's agent, attorney, parent, or legal guardian; and (ii) directed and delivered by hand or by mail according to the requirements of Section 68-3-8.5 to the office of: (A) the city or town clerk, when the claim is against an incorporated city or town; (B) the county clerk, when the claim is against a county; (C) the superintendent or business administrator of the board, when the claim is against a school district or board of education; (D) the presiding officer or secretary/clerk of the board, when the claim is against a special district; (E) the attorney general, when the claim is against the State of Utah; (F) a member of the governing board, the executive director, or executive secretary, when the claim is against any other public board, commission, or body; or (G) the agent authorized by a governmental entity to receive the notice of claim by the governmental entity under Subsection (5)(e). A personal injury lawyer Utah must make sure the Notice of Claim is delivered to the appropriate branch of the governmental entity and/or to the specific person designated by this statute.

TIME FOR FILING NOTICE OF CLAIM

A personal injury lawyer Utah is alert to the presence of an at fault party who works for a state or local governmental entity. When he sees one, he makes sure he makes a notation in his calendar or in his "docketing software" so that he will comply with the following statute:

"A claim against a governmental entity, or against an employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority, is barred unless notice of claim is filed with the person and according to the requirements of Section 63-30d-401 within one year after the claim arises...." Utah Code Section 63-30d-402

APPROVAL OR DENIAL OF NOTICE OF CLAIM BY GOVERNMENTAL ENTITY

A personal injury lawyer Utah allows time for the governmental entity to evaluate and settle or reject the claim.

"(1) (a) Within 60 days of the filing of a notice of claim, the governmental entity or its insurance carrier shall inform the claimant in writing that the claim has either been approved or denied. (b) A claim is considered to be denied if, at the end of the 60-day period, the governmental entity or its insurance carrier has failed to approve or deny the claim. (2) (a) If the claim is denied, a claimant may institute an action in the district court against the governmental entity or an employee of the entity. (b) The claimant shall begin the action within one year after denial of the claim or within one year after the denial period specified in this chapter has expired, regardless of whether or not the function giving rise to the claim is characterized as governmental. Utah Code Section 63-30d-403

LAWSUIT MUST BE FILED WITHIN ONE YEAR OF REJECTION OF NOTICE OF CLAIM

Here's the statute that a personal injury lawyer Utah consults to know when to file suit after a governmental claim is rejected:

"Actions on claims against a county, city or incorporated town, which have been rejected by the county executive, city commissioners, city council, or board of trustees, as the case may be, must be commenced within one year after the first rejection thereof by such board of county or city commissioners, city council, or board of trustees." Utah Code Section 78-12-30.

More on Utah Statutes of Limitation.

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