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In Utah, the law pauses the statute of limitations for injured children until they turn 18. This gives families years to decide whether to pursue a lawsuit. However, one critical exception can permanently destroy an otherwise valid claim. This deadline does not stop running for minors. Missing that one-year deadline ends your case forever, even though the child’s claim would otherwise stay valid for years. Hire a Utah child injury attorney who understands both the standard statute of limitations and this government exception to fully protect your child’s rights.
Kigan Martineau, managing attorney at BAM Injury Law, wrote this guide. He explains how Utah’s tolling statute of limitations works for injured minors. How parents file claims, how Utah courts approve minor settlements, and how lawyers calculate damages for lifelong harm.
Child injury cases involve legal complexities that go well beyond a standard adult personal injury claim. Courts must protect the minor's interests at every stage, from the initial filing through settlement approval. Defendants, particularly insurance companies, frequently attempt to pressure families into quick, low-ball settlements before the family retains an attorney or fully understands the long-term impact of the injury. Knowing the rules in advance allows families to avoid those traps.
The types of injuries children suffer in Utah span a wide range:
Each category involves distinct legal theories. The applicable legal theory shapes both how attorneys build the case and how they calculate damages.
Parents and guardians pursuing a child injury claim are not doing so for themselves in most cases. The damages in a child injury case belong to the child. The parent acts as the child's representative in the litigation, but the settlement or judgment is the child's asset. Utah courts must approve every significant settlement made on behalf of a minor. This rule ensures the child’s interests remain protected. It preserves all funds for the child rather than allowing other parties to use or take them.
Calculating damages for a seriously injured child requires specialized expert testimony. Unlike adult cases, where attorneys calculate lost income based on an established work history, child injury cases require the involvement of vocational experts and economists. They project how the injury will affect the child’s ability to earn a living over their lifetime. Life care planners assess the cost of future medical treatment over a projected lifetime. Neuropsychologists and pediatric specialists document developmental impact. These experts are essential to maximizing recovery.
Parents also have their own independent claims in certain child injury cases. Utah recognizes a loss of consortium claim by parents for the loss of a child's companionship, services, and society resulting from the injury. This is a separate claim belonging to the parents rather than the child and adds to the total recovery available from the defendant. Not all jurisdictions recognize parental consortium claims. This makes Utah's recognition of this claim an important consideration in valuing a child injury case.
BAM Injury Law handles child injury cases throughout Utah, including school crosswalk accidents, dog bites, car crash injuries, and vehicle collisions involving minor passengers. We understand how urgent the Notice of Claim deadline is in government-related cases, and we act immediately to preserve that deadline once you hire us. Contact us today for a free consultation to discuss your child's case and the steps we can take right now to protect their rights.
Utah Code 78B-2-108 tolls—or pauses — the statute of limitations for personal injury claims while a claimant remains a minor. This gives injured minors a longer window to pursue claims than adults receive. The practical effect is significant. For most personal injury claims, which carry a four-year limitations period under Utah Code 78B-2-307(3), a minor injured at any age has until their 22nd birthday to file suit. This means a four-year-old injured in a car accident has until age 22 to file, rather than the four years that would apply to an adult.
The most dangerous trap in Utah child injury law is the Notice of Claim requirement under the Utah Governmental Immunity Act, Utah Code 63G-7-401. If a government entity—such as a school district, city, state agency, school bus, or government employee acting within their job duties—injures a child, you must file a Notice of Claim within one year of the incident. This deadline never pauses for minors.
Missing this deadline leads to devastating results. The law permanently bars your claim under Utah Code § 63G-7-401. No matter how strong your case is, how severely the child suffered harm, or how much time would normally remain under the standard limitations period. Many families wait two years before contacting a lawyer because they reasonably believe the extended statute of limitations protects them, only to find out they lost their child’s right to sue a school district or city forever once that one-year window closed.
Common scenarios where the Notice of Claim deadline applies to child injury cases include:
You must submit the notice of claim—an official written document — to the correct government entity, and it must include all required details. If you file it improperly or send it to the wrong office, the law will also bar your claim. An attorney should file the Notice of Claim in all government-related child injury cases.If you do not know whether the government played a role in your child’s injury, consult an attorney within days — not weeks — to stay safe and protect your rights. For context on how Utah premises liability applies to government-owned property, see our Utah premises liability guide.
Parents do not need a court order to hire an attorney and initiate a child injury claim. The parent signs the retainer agreement and authorizes the attorney to investigate and negotiate on the child's behalf. Where the other party's insurance company reaches out directly to the family, parents should not give recorded statements or accept any settlement offer without first consulting an attorney. Insurance adjusters receive training to reduce the amounts they pay out. In child injury cases, where the full scope of long-term harm may still be unclear, agreeing to an early settlement carries especially high risks.
Utah Rule of Civil Procedure 17(c) requires court approval for any settlement of a personal injury claim on behalf of a minor above certain thresholds. Lawmakers created this requirement to protect children. It stops parents from accidentally giving away their child’s legal rights — whether because they do not fully grasp the claim’s long-term value, or because financial pressure pushes them to accept too little money too soon.
The court approval process typically involves the following steps:
The parent or guardian, through their attorney, files a petition seeking the court's approval of the proposed settlement. The petition explains the nature of the injury, the liability issues, the settlement amount, and why the settlement is in the minor's best interest.
In some cases, the court appoints a guardian ad litem to independently evaluate the settlement from the child's perspective. The guardian ad litem is typically an attorney whose sole obligation is to the minor's interests.
The court reviews the petition and may hold a brief hearing to question the parent, the attorney, or the guardian ad litem about the adequacy of the settlement.
If the court approves the settlement, it issues an order that directs exactly how the parties must manage the funds. Common options include a blocked bank account until the child reaches majority, a structured settlement annuity, or a trust managed by a court-appointed trustee.
The primary categories of damages in Utah child injury cases include:
Immediate treatment costs plus lifetime projected medical care, rehabilitation, surgeries, medications, and assistive devices as developed by a life care planner.
Vocational experts and forensic economists calculate the difference between what the child would have earned without the injury versus what they are now projected to earn, discounted to present value.
Compensation for activities the child can no longer participate in, hobbies and sports they were engaged in before the injury, and the general diminishment of the childhood experience.
In cases involving catastrophic injuries such as traumatic brain injury, spinal cord damage, or severe burns, the lifetime economic damages calculation alone can reach several million dollars before noneconomic damages are added. Insurance policy limits are often a practical constraint in these cases. Your attorney will identify all available insurance coverage. This includes umbrella policies and any commercial policies that may apply, to maximize the total recovery available. For an overview of BAM Injury Law's full range of practice areas, visit our practice areas page. You may also find the Utah settlement value library useful for understanding how similar cases have resolved.
Protecting a child injury claim requires immediate action, especially when government entities may be involved. The following steps outline what families should do from the moment of the injury forward.
Take the child to the emergency room or pediatrician immediately, even if injuries appear minor. Document all diagnoses, prescriptions, and treatment recommendations in writing. Photograph all visible injuries. Keep every medical bill, discharge summary, and follow-up appointment record. Thorough medical documentation from day one is the foundation of the damages case.
Determine whether the injury occurred on government property or involved a government vehicle, school bus, school employee, or city or county employee. If there is any possibility of government involvement, assume the one-year Notice of Claim deadline applies and act as if the clock is already running. Do not wait to clarify this question before contacting an attorney.
An attorney will identify the applicable deadlines, preserve evidence, and if necessary, file the Notice of Claim within the one-year government deadline. Contact BAM Injury Law as soon as possible after the injury. Early retention dramatically improves outcomes in child injury cases by preserving evidence and preventing insurance companies from taking advantage of unrepresented families.
Insurance adjusters routinely contact injury victims within days of an accident, offering quick settlements before the full extent of injury is known. For child injury claims, any settlement above nominal amounts requires court approval in Utah. A settlement accepted without court approval is not legally binding but can create complications. Never sign a release on your child's behalf without attorney review and the court approval required by Utah Rule of Civil Procedure 17(c).
Your attorney will retain life care planners, vocational economists, medical experts, and neuropsychological evaluators as needed to document the full lifetime impact of the injury. This expert testimony is the core of the economic damages case in serious child injury claims. Starting this process early ensures the experts have time to conduct complete evaluations before any settlement or trial deadline.
Yes, if the injury involved a government entity, the one-year Notice of Claim deadline under Utah Code 63G-7-401 applies and is not tolled for minors. This means if a school bus injured your child, a school district employee caused the harm, or the injury occurred on government property, you have one year from the date of injury to file the formal Notice of Claim with the appropriate government body. Missing this deadline permanently bars the claim, even though the child's general limitations period would otherwise remain open for years. Always consult an attorney immediately if government involvement is possible.
Utah Rule of Civil Procedure 17(c) requires court approval for settlements on behalf of minors above certain thresholds. The parent and attorney file a petition explaining the injury, liability, and why the settlement is in the minor's best interest. The court may appoint a guardian ad litem to independently review the settlement from the child's perspective. If the court approves, it orders the funds managed in a way that protects the child until they reach majority, typically through a blocked account, structured settlement, or court-supervised trust.
Yes. Utah Code 18-1-1 imposes strict liability on dog owners for bites that occur when the victim was in a public place or lawfully on private property. The owner is liable regardless of whether the dog had previously bitten anyone or whether the owner knew of any dangerous propensity. Children are disproportionately the victims of serious dog bites because they tend to approach dogs at face level and cannot read warning signs as effectively as adults. The strict liability rule makes dog bite cases legally straightforward, but medical expert testimony may still be needed to document the full extent of scarring, psychological trauma, and any permanent injury.
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