Utah Injury Claims for Children: How the Statute of Limitations Works for Minors
General information, not legal advice. Read the full disclaimer.
Short answer: Utah Code § 78B-2-108 says that during the time an individual is under 18, the statute of limitations for a cause of action (other than recovery of real property) may not run, and that it covers claims for general or special damages and claims for which a parent or guardian may be financially responsible. So a child's personal injury claim generally isn't barred by the ordinary limitation period while the child is a minor. But do not assume you have until the child turns 22: parents' own claims for the child's medical bills, government notice-of-claim deadlines, and medical malpractice rules can work differently, and Utah courts expect claims for minors to be brought through a parent, guardian, or other representative.
Who this guide is for
Utah parents and guardians of injured children who want to know how much time they have, and what to do now rather than later.
What the statute says
Section 78B-2-108 (the version effective May 5, 2021 — confirm current text) provides that an individual may not bring a cause of action while the individual is under 18 or mentally incompetent without a legal guardian, and that during that time the statute of limitations for the cause of action may not run. A "cause of action under this section" includes any claim for general or special damages or any claim for which a parent or legal guardian may be financially responsible for the payment of damages.
In practice, a parent or guardian typically brings the claim on the child's behalf. The statute's wording and the rules on who can sue for a minor are things to confirm with an attorney.
The four-year baseline
Many Utah negligence claims must be filed within four years (§ 78B-2-307); see Utah Personal Injury Statute of Limitations. For a minor, tolling under § 78B-2-108 means the clock generally starts when the child turns 18, subject to the cautions below.
Cautions that matter
- Government claims. A claim against a Utah government entity requires a written notice of claim within one year after the claim arises (§ 63G-7-402). Whether minority tolling extends that deadline is a legal question — don't rely on it. File the notice within one year if there's any chance the claim involves a school, city, county, or state vehicle or property. See Utah Governmental Immunity Act Claims and Utah Public School Injury Claims.
- Parents' claims. Parents may have their own claim for the child's medical expenses during minority, and that claim may be on an ordinary clock. Ask a lawyer how it's handled.
- Medical malpractice. Utah's malpractice act has its own notice, panel, and deadline rules. See Utah Medical Malpractice Statute of Limitations and Utah Birth Injury Claims. Don't assume minority tolling works the same way.
- Evidence fades. Even if the legal deadline is years away, witnesses move, video is overwritten, and records are discarded. Acting soon protects the claim.
- Insurance deadlines. Policies may have notice requirements and PIP deadlines that aren't extended by minority. See Utah Insurance Claim Deadlines and Response Times.
Settlements for children
When a child's claim settles, how the money is paid, held, and approved can involve additional steps — for example, a representative to sign the release and protections for the child's funds. We did not find a Utah statute we could cite on court approval of minor settlements, so ask your attorney what is required in your case. Liens for the child's medical care also apply. See Utah Medical Liens on Injury Settlements and Utah Injury Settlement Offers and Releases.
Waivers and minors
A parent's signature on a waiver doesn't necessarily bind a child; for example, Utah's ski statute provides that a parent or guardian may not waive a minor's claim against a ski area operator. See Utah Ski Resort Injury Claims.
What to do now
- Get the child medical care and keep every record.
- Preserve evidence and identify potential defendants, including any government entity.
- Calendar the one-year government notice date if applicable.
- Talk to a lawyer early about deadlines, settlement procedures, and protecting the child's recovery.
Frequently asked questions
Does a child have until age 18 to sue in Utah?
The statute of limitations generally doesn't run while the person is under 18, but some deadlines (especially government notice and malpractice rules) need separate attention, and the child's claim is typically brought through a parent or guardian.
Do I still have to file a notice of claim within a year for a child's school injury?
Don't assume tolling saves you; file within one year if a government entity may be involved.
Can a parent sign away a child's rights?
Not always; it depends on the statute and the agreement. Utah's ski statute bars parental waivers of a minor's claim.
Does a parent have a separate claim?
Possibly for medical expenses and other losses the parent bears; ask your lawyer.