QUESTION: Can I Cancel a Signed Injury Settlement Release for My Utah Car Accident?
ANSWER:
Utah law allows individuals to cancel a settlement release signed after a car accident under certain conditions. Specifically, Utah Code Ann. 78B-5-812 (2018) gives you the right to rescind the agreement if:
- You signed the release within 15 days of the accident that caused your injuries.
- You signed the release while you were still in the hospital due to accident-related injuries.
Key Provisions of Utah Code Ann. 78B-5-812
- Voidable Settlement Agreements:
Utah law allows you to void any settlement agreement signed within 15 days of the accident or while you remained hospitalized. - Cancellation Deadline:
To rescind the agreement, you must send a notice of cancellation and return any payments or benefits you received. Deliver or mail the notice by whichever of these dates is later:- 15 days after the accident that caused the injuries.
- 15 days after discharge from the hospital or sanitarium where you stayed.
Steps to Cancel an Injury Release Under Utah Law
- Write a Cancellation Notice: Clearly state that you are canceling the agreement under Utah Code Ann. 78B-5-812.
- Return Any Payments or Benefits: Include all money or other consideration you received as part of the settlement.
- Deliver the Notice: Mail or deliver the cancellation notice to the other party before the deadline.
Why Utah Protects Injury Victims with This Law
The law shields injury victims from unfair settlement agreements. Often, people sign these agreements while under stress or without understanding their injuries’ long-term effects. Early agreements might not reflect fair compensation for future medical costs or lost income.
Key Takeaways About Injury Release Cancellation in Utah
- You can void a release signed within 15 days of your accident or during hospitalization.
- Timing is critical—submit your cancellation notice and return payments promptly.
- An experienced personal injury attorney can help you meet legal requirements and protect your rights.
FAQs About Injury Release Cancellation
Q1: What happens if I miss the 15-day deadline?
You might lose your ability to cancel the release. Consult an attorney to explore alternative options.
Q2: Do I need a lawyer to cancel the release?
Although not required, an attorney ensures your cancellation complies with all legal requirements.
Q3: Can I cancel a release if I wasn’t hospitalized?
The law applies to agreements signed within 15 days of the accident or during hospitalization.
Q4: What if I spent the settlement money?
You must return the amount you received as part of the settlement to void the release.
If you need help with injury release cancellation, contact a knowledgeable personal injury attorney. For a free consultation, call Jacob S. Gunter at (801) 373-6345.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.