## How the limitation period applies

The controlling primary authority for US-UT medical malpractice SOL (78B-3-404) is **78B-3-404**.

> **78B-3-404.** tice Act Section 404 Statute of limitations -- Exceptions -- Application. 78B-3-404. Statute of limitations -- Exceptions -- Application. (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. (2) Notwithstanding Subsection (1) : (a) in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced wi

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [78B-3-404 — 78B-3-404](https://le.utah.gov/xcode/Title78B/Chapter3/C78B-3-S404_1800010118000101.html)

All sources are official primary law published by `le.utah.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


Statute of limitations for medical malpractice in Utah — backed by real statute citations.

Statute of limitations for medical malpractice in Utah

78B-2-307. Within four years. An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; (b) on an open store account for any goods, wares, or merchandise; or (c) on an open account for work, labor or services rendered, or materials furnished;

78B-2-309. Within six years -- Mesne profits of real property -- Instrument in writing -- Fire suppression. (1) An action may be brought within six years: (a) for the mesne profits of real property; (b) subject to Subsection (2), upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78B-2-311; or (c) to recover fire suppression costs or other damages caused by wildland fire. (2) For a credit agreement, as defined in Section 25-5-4, the six-year period described in Subsection (1) begins the later of the day on which: (a) the debt arose; (b) the debtor makes a written acknowledgment of the debt or a promise to pay the debt; or (c) the debtor or a third party makes a payment on the debt.

78B-2-305. Within three years. An action may be brought within three years: ... (3) for relief on the ground of fraud or mistake; except that the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the fraud or mistake;

78B-2-307. Within four years. An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; ... (4) for relief not otherwise provided for by law.

78B-2-302. Within one year. An action may be brought within one year: ... (4) for libel, slander, false imprisonment, or seduction;

78B-3-404. Statute of limitations -- Exceptions -- Application. (1) A malpractice action against a health care provider shall be commenced within two years after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered the injury, whichever first occurs, but not to exceed four years after the date of the alleged act, omission, neglect, or occurrence. (2) Notwithstanding Subsection (1): (a) in an action where the allegation against the health care provider is that a foreign object has been wrongfully left within a patient's body, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence should have discovered, the existence of the foreign object wrongfully left in the patient's body, whichever first occurs; or (b) in an action where it is alleged that a patient has been prevented from discovering misconduct on the part of a health care provider because that health care provider has affirmatively acted to fraudulently conceal the alleged misconduct, the claim shall be barred unless commenced within one year after the plaintiff or patient discovers, or through the use of reasonable diligence, should have discovered the fraudulent concealment, whichever first occurs.

78B-2-307. Within four years. An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; (b) on an open store account for any goods, wares, or merchandise; or (c) on an open account for work, labor or services rendered, or materials furnished; (2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Voidable Transactions Act: (a) Subsection 25-6-202(1)(a), except in specific situations where the time for action is limited to one year under Section 25-6-305; (b) Subsection 25-6-202(1)(b); or (c) Subsection 25-6-203(1); (3) for a claim involving personal property damage to the aggrieved party's motor vehicle, as defined in Section 41-6a-102, or personal property from an accident involving a motor vehicle; and (4) for relief not otherwise provided for by law.

78B-2-307. Within four years. An action may be brought within four years: ... (4) for relief not otherwise provided for by law.

78B-6-706. Statute of limitations. A civil action under this part shall be brought within two years from the time the individual who would be the claimant in the action discovered, or in the exercise of due diligence should have discovered, both the harm and its cause.

78B-2-305. Within three years. An action may be brought within three years: (1) for waste, trespass upon, or injury to real property; ... (2) for taking, detaining, or injuring personal property, including actions for specific recovery, except that: (a) in cases where the subject of the action is a domestic animal usually included in the term "livestock" ... ; and (b) as provided in Subsection 78B-2-307(3), for a claim involving damage to personal property from an accident involving a motor vehicle as defined in Section 41-6a-102, including an accident involving a motor vehicle and bicycle, the action may be brought within four years;

78B-2-305. Within three years. An action may be brought within three years: (1) for waste, trespass upon, or injury to real property; except that when waste or trespass is committed by means of underground works upon any mining claim, the cause of action does not accrue until the discovery by the aggrieved party of the facts constituting the waste or trespass;

70A-2-725. Statute of limitations in contracts for sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered. (3) Where an action commenced within the time limited by Subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before December 31, 1965.

78B-2-304. Within two years. An action may be brought within two years: (1) against a marshal, sheriff, constable, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collected upon an execution; (2) for recovery of damages for a death caused by the wrongful act or neglect of another; (3) in causes of action against the state and its employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or (4) in causes of action against a political subdivision of the state and its employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.

An action may be brought within four years: (1) actions on (a) a contract, obligation, or liability not founded upon an instrument in writing, (b) an open store account for goods, wares, or merchandise, or (c) an open account for work, labor, services rendered, or materials furnished; (2) actions under the Uniform Voidable Transactions Act; (3) actions for personal property damage to a motor vehicle or arising from a motor vehicle accident; and (4) for relief not otherwise provided for by law.

a felony or negligent homicide shall be commenced within four years after it is committed

an action by or against a provider based in contract or warranty shall be commenced within six years after the date of completion or abandonment of an improvement.

An action may be brought within four years: (1) after the last charge is made or the last payment is received: (a) upon a contract, obligation, or liability not founded upon an instrument in writing; (b) on an open store account for any goods, wares, or merchandise; or (c) on an open account for work, labor or services rendered, or materials furnished; (2) for a claim for relief or a cause of action under the following sections of Title 25, Chapter 6, Uniform Voidable Transactions Act : (a) Subsection 25-6-202(1)(a) , except in specific situations where the time for action is limited to one year under Section 25-6-305 ; (b) Subsection 25-6-202(1)(b) ; or (c) Subsection 25-6-203(1) ; (3) for a claim involving personal property damage to the aggrieved party's motor vehicle, as defined in Section 41-6a-102 , or personal property from an accident involving a motor vehicle; and (4) for relief not otherwise provided for by law.

An action may be brought within eight years upon the date of: (1) entry of a judgment or decree of any court of the United States, or of any state or territory within the United States; or (2) renewal of a judgment described in Subsection (1) according to the procedures and requirements of Title 78B, Chapter 6, Part 18, Renewal of Judgment Act.

An action may be brought within six years: (a) for the mesne profits of real property; (b) subject to Subsection (2) , upon any contract, obligation, or liability founded upon an instrument in writing, except those mentioned in Section 78B-2-311

Except as otherwise provided in this Subsection (1), an action may only be brought within three years: (i) for waste, trespass upon, or injury to real property; (ii) for taking, detaining, or injuring personal property, including actions for specific recovery;

(4) for relief not otherwise provided for by law.

The statute of limitations for personal injury claims is four years after the cause of action occurs.

Under Utah Code § 78B-2-307(4), an action 'for relief not otherwise provided for by law' must be brought within four years. Utah has no PI-specific limitation; the four-year residual catch-all controls general personal-injury and negligence actions. Note: § 78B-2-304 imposes a separate 2-year limit on wrongful-death (3) and personal-rights claims against state employees (4) or political subdivisions (5), which fall outside this receipt's general-PI claim_type.

In Utah, a legal malpractice claim is governed by the four-year limitations period in Utah Code section 78B-2-307 for relief not otherwise provided for by law. Utah courts apply that four-year period to legal malpractice claims; accrual and tolling can depend on injury, discovery, and equitable-tolling facts.

Statute of limitations for personal injury in US-UT is 4 years under Utah Code § 78B-2-307(4).

Statute of limitations for account stated open account in US-UT is 4 years under Utah Code § 78B-2-307(1).

Statute of limitations for wrongful death in US-UT is 2 years under Utah Code § 78B-2-304.

Statute of limitations for medical malpractice in US-UT is 2 years under Utah Code § 78B-3-404.

Statute of limitations for product liability in US-UT is 2 years under Utah Code § 78B-6-706.

Statute of limitations for premises liability in US-UT is 4 years under Utah Code § 78B-2-307.

Statute of limitations for breach written contract in US-UT is 6 years under Utah Code § 78B-2-309.

Statute of limitations for breach oral contract in US-UT is 4 years under Utah Code § 78B-2-307.

Statute of limitations for ucc sale of goods in US-UT is 4 years under Utah Code § 70A-2-725.

Statute of limitations for fraud in US-UT is 3 years under Utah Code § 78B-2-305.

Statute of limitations for libel in US-UT is 1 year under Utah Code § 78B-2-302.

Statute of limitations for slander in US-UT is 1 year under Utah Code § 78B-2-302.

Statute of limitations for property damage in US-UT is 3 years under Utah Code § 78B-2-305.

Statute of limitations for trespass in US-UT is 3 years under Utah Code § 78B-2-305.

Statute of limitations for legal malpractice in US-UT is 4 years under Utah Code § 78B-2-307(4).

Utah allows an action upon a domestic (civil) judgment or decree to be brought within eight years of the date the judgment is entered, or within eight years of a judgment renewal under the Renewal of Judgment Act, per Utah Code 78B-2-311.

Utah Code 76-1-302(1)(a) sets a 4-year statute of limitations requiring that a prosecution for a felony or negligent homicide be commenced within four years after it is committed.

Utah Code § 78B-2-307 provides a 4-year catch-all SOL; equitable tolling may pause this period during concealment, incapacity, or fraudulent conduct by defendant.

Section 1983 has no federal statute of limitations; under Wilson v. Garcia it borrows the forum state's general personal-injury limitation period. In Utah that is the four-year residual catch-all of Utah Code § 78B-2-307(4) ('for relief not otherwise provided for by law'), so a section 1983 civil-rights claim arising in Utah must be brought within four years.

The Utah Consumer Sales Practices Act (Utah Code Title 13, Chapter 11) contains no internal limitation period for private actions; a consumer-fraud / deceptive-trade-practices claim is therefore governed by Utah's four-year residual catch-all in Utah Code § 78B-2-307(4) for relief not otherwise provided for by law.

First-party insurance bad faith in Utah sounds in contract; because the insurance policy is a written instrument, the claim must be brought within 6 years.

Civil actions for sexual abuse of a child; window for revival of time-barred claims. Governs civil actions by victims of child sexual abuse; does not impose a general criminal-conduct SoL.

Within two years: (1) actions against a marshal, sheriff, constable, or other officer for liability incurred in official duties; (2) recovery of damages for a death caused by wrongful act or neglect; (3)-(4) actions against the state/political subdivisions for injury to personal rights.

An action may be brought within four years: