How Statute of Repose Differs from Statute of Limitations

A statute of limitations sets a filing deadline that usually starts when you are injured or discover your injury. A statute of repose sets an outer limit based on when the defendant acted, regardless of when harm occurs. Both can affect your right to file a lawsuit in Utah. Contact a personal injury lawyer in St. George today for a free consultation.

What Is a Statute of Limitations?

A statute of limitations is the time limit for filing a lawsuit after an injury. The clock usually starts on the date of the accident. In some cases, Utah applies the discovery rule, which delays the start until you knew or reasonably should have known about the injury and its cause.

In Utah, the statute of limitations varies based on the type of lawsuit that you plan to file:

• Four years from the date of the injury for most personal injury claims under Utah Code Ann. § 78B-2-307
• Two years from the date of death for wrongful death claims under Utah Code Ann. § 78B-2-304
• Two years from the date of discovery for medical malpractice claims under Utah Code Ann. § 78B-3-404

What Is a Statute of Repose?

A statute of repose sets a final deadline to file a lawsuit that starts when the defendant acts, such as when a doctor performs a procedure. The clock runs whether or not you know you were harmed.

This matters most when an injury takes years to manifest. Under a statute of limitations, the discovery rule can give you time to file after you learn about the harm. A statute of repose sets a hard stop that the discovery rule cannot extend. Once the repose period ends, your right to sue is generally gone, even if you only recently learned about your injury.

Where Statutes of Repose Come Up in Utah Injury Cases

In Utah personal injury law, the statute of repose most often affects medical malpractice claims. Under § 78B-3-404, you must file within two years of discovering your injury, but no more than four years after the negligent act. For example, if a surgeon made an error in January 2022 and you did not discover it until March 2026, the four-year limit would likely bar your claim, even though you learned of the harm only recently.

The law includes two exceptions. If a foreign object, such as a surgical sponge, was left in your body, you have one year from discovering it to file. If a provider took steps to hide the mistake, you have one year from discovering that concealment to file. Utah also requires a notice of intent and a prelitigation review before you can file a malpractice lawsuit, and these steps take time, so it is important to act early.

Protect Your Right to File: Contact a Salt Lake City Attorney Today

When you are injured and trying to heal, it’s not always easy to identify the deadlines that apply to your case. We Win Injury Law can guide you through that process. Our attorneys will review the facts of your injury, identify every deadline that applies, and act quickly to preserve your claim. After seeking medical care for your injury, contact us for a free, confidential case review.