Is There a Deadline for Filing a Claim Against an At-Fault Skier?

An accident on the ski slopes or trails can do more than just ruin a day in the outdoors; it can cause substantial physical and financial harm. Ski resorts have strong protections against lawsuits, but when another skier’s careless or reckless actions caused the accident, you can file a compensation claim. But what if you’ve waited a while to pursue legal action? How long do you have to file a claim?

Under Utah Code 78B-2-307.,an injury victim has four years from the date the injury occurred to file a claim within the statute of limitations for personal injury.

Call a Salt Lake City skiing accident attorney today — contact us online for a free case evaluation.

Why Have a Deadline for Filing Claims In Utah Ski Accidents?

Like all states, Utah imposes a time limit on personal injury claims, including for injuries caused by another skier on the slope or trail. This time limit brings the following protections:

• Helps ensure that evidence remains available and eyewitness testimony is still reliable during the investigation of the accident, the documentation of evidence, negotiations with the insurance company for a settlement, and in court, should the case be one of the 4% of claims that go to court.
• Protects defendants from having to live with the indefinite threat of a lawsuit
• Prevents courts from becoming congested by old disputes with lost evidence and unreliable testimony

Utah courts will refuse to hear a case if the four-year deadline has passed. For this reason, the insurance system, which typically pays out on liability claims, also follows the four-year statute of limitations. An insurer knows that the claimant cannot take them to court more than 4 years after the accident date. For this reason, it’s crucial to file a claim well within the deadline.

Do Courts Ever Extend the Utah Statute of Limitations for Ski Accident Claims?

The statute of limitations for personal injury in Utah has only a few exceptions. The state may extend, or toll, the deadline under specific circumstances. Under the Discovery Rule, if a skier learns later that a medical condition arose from an earlier ski accident caused by another skier, the time limit begins on the date of the discovery, or when the injury victim should reasonably have discovered the injury. For example, if an injury victim’s doctor diagnoses their nagging back pain as a burst disc from a skiing accident that occurred six months earlier, the clock begins ticking on the day of the diagnosis.

When an injury occurs to a skier who is a minor, they have up to four years after their 18th birthday to file a claim.

Finally, if an injury victim is significantly incapacitated after the accident—like unconscious or comatose—the court may consider the statute of limitations beginning on the date they regain their cognitive ability.

Timing a Claim Against an At-Fault Skier In Utah

Four years may appear to be a plentiful timeline for filing a compensation claim, but timing your claim effectively is often the key to maximizing your financial recovery. For instance, the claimant’s insurer may reach out quickly after the accident with a settlement offer. Often, these early offers are intentionally made before the injury victim knows the full extent of the damages they face. Accepting the settlement requires signing away the right to file a lawsuit.

Timing a claim often depends on the unique circumstances of the case, but waiting just long enough to know the full scope of the financial damages, while allowing enough time to investigate, document compelling evidence, and negotiate for the largest possible settlement, is crucial for a successful claim.

Call (385) 404-6398 today to speak with a personal injury lawyer in SLC.