You’re hurt. The cause is clear: a city bus ran a red light, a pothole on a state highway blew out your tire and sent you into a guardrail, or you slipped on an icy sidewalk that a county crew had been warned about for weeks. You did nothing wrong. And the responsible party is a government agency.
You were injured and it was not your fault so you have every right to pursue compensation for your injuries; however, pursuing compensation against the government is far more complex and time sensitive than suing an individual or insurance company. The Utah Governmental Immunity Act (GIAU) provides strong protections to public entities, and even minor procedural mix ups could completely destroy your case.
Our Utah trial attorneys have battled against Utah’s governmental entities before, and we have seen firsthand strong cases get derailed by unique requirements. In this article our attorneys will detail the exact rules that can destroy your case, and what you can do to protect your rights.
Rule 1: Governmental Immunity
The Utah Governmental Immunity act generally protects governmental entities and their employees from lawsuits for injuries arising out of governmental functions. This immunity is detailed in Utah Code Section 63G-7-201 and specifically gives immunity to injuries that arise from extraneous circumstances. GIAU does not grant the government or its employees complete immunity from any responsibility, and it can be waived in certain circumstances.
A governmental entity may have immunity waived if an employee’s negligent act or omission (within the scope of employment) causes injury. For example, a city bus driver runs a red light and causes an accident, or a governmental building does not properly maintain their property and causes an accident.
Determining whether or not immunity applies to your particular circumstances requires careful legal analysis early on. Reach out to a skilled Utah trial lawyer to look over the details of your case and will help you proceed with your lawsuit.
Rule 2: The Strict Notice of Claim Requirement (#1 Case Killer)
Before you can file a lawsuit against a Utah governmental entity, you must file a formal written Notice of Claim. This is a mandatory prerequisite when filing any lawsuit or claim against any governmental entity, and missing this due date or filing incorrectly can kill your case.
Key Deadlines and Rules:
- You generally have one year from when the claim arises to file the Notice of Claim. This is not always the case, and you should check the specific Utah entities rules for notice immediately after you have been injured.
- A claim “arises” when you knew (or reasonably should have known) about the injury, that you had a claim against the government, and the identity of the responsible entity or employee. The burden then lies on you to prove reasonable diligence.
- The notice must be sent to the correct recipient (the city/town clerk, country clerk, school superintendent, Attorney General for the state, etc). If you don’t know where to send this request consider retaining a skilled trial attorney as they can handle this for you. This step is crucial as sending it to the wrong person or office can kill your case.
What the Notice Must Include (per Utah Code 63G-7-401)
- A brief statement of the facts
- The nature of the claim
- The damages incurred (as known at the time)
- If suing an employee individually, their name
- Your signature (or that of your attorney / representative)
This must typically be delivered by methods that provide proof like certified mail. Missing any of these required elements or missing your deadline can lead to your claim being completely disregarded.
Rule 3: Waiting Period and Lawsuit Filing Deadlines
After you have properly filed your notice of claim you are on a tight deadline that follows the following:
- The governmental entity has 60 days to acknowledge receipt and may approve or deny the claim.
- You generally cannot file a lawsuit until 60 days after filing the notice.
- You must file you lawsuit within two years after the claim arises (subject to the notice rules).
These overlapping deadlines can create traps for those not aware of the law. In Utah the standard statute of limitations is 4 years for a personal injury claim, but for Utah entities it is 2 years. This is important to be aware of as missing these windows can end your case before it even begins.
Rule 4: Damage Caps
Even if you win, Utah law caps the amount that a governmental entity can pay for your injuries:
- For claims that have occurred on or after July 2, 2024, the cap is approximately $911,300 per person for personal injury in a single occurrence, with an aggregate cap of about $3,668,400 for all claims from that incident.
- These limits are adjusted periodically and apply regardless of how severe your injuries or damages are.
This means that in cases where there are catastrophic injuries, you may only be able to recover a fraction of what you could against a private defendant. There is no going after additional assets in most cases as the cap is the cap, meaning you have a set limit of what you could be awarded.
Other Pitfalls That Can Kill Your Case
- Wrong defendant or improper service: Naming the incorrect entity or failing to serve the right official dooms many claims.
- Employee vs. Entity: Suing an individual employee has additional restrictions and requirements.
- Discovery of the claim: Delays in realizing the government’s role can affect when the clock starts, but courts scrutinize “reasonable diligence.”
- Special rules for minors: There may be some extensions or protections for those under 18, but you still need prompt action.
- No jury sympathy for “deep pockets”: Governmental cases often involve different evidentiary and procedural considerations.
Why You Need Experienced Legal Help Immediately
Handling a personal injury on your own is already a difficult task, but suing a governmental entity is not a DIY project. There are procedural hurdles that are intentionally strict to protect public resources, and courts enforce them rigorously. What may seem like a straightforward car accident or a slip and fall can vanish due to a technicality in the notice process.
We at LifeLaw Trial Lawyers have had extensive experience navigating the Utah Governmental Immunity Act. Our team of the best Utah trial attorneys know how to identify viable claims quickly, ensure that notices are filed promptly and to the correct parties, and will work tirelessly to ensure that you receive the compensation that you deserve.
Don’t wait. After an accident with a governmental entity time is of the essence. Give our team of the best trial attorneys in Utah a call today for a free consultation and to get your case started. At LifeLaw Trial Lawyers, we work on a contingency basis meaning that you do not pay a cent until our attorneys have won your case. Get your free case review today!
This article is for informational purposes only and does not constitute legal advice. Laws can change, and every case is unique. Consult with a qualified Utah personal injury attorney to evaluate your specific situation.