CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER (801) 373-6345. FREE CONSULT.
Can you Sue the Utah State Government for Money Damages? 
Yes. But you have to strictly comply with the Utah Governmental Immunity Act, Utah Code 63G-7-101. You can’t sue the government for everything as the government traditionally has immunity from suit. One listing of matters that you can sue the government is at Utah Code 63G-7-301.
Classic waivers of governmental immunity are for Tort, negligence, private wrongs. See HEREGIA Waivers C63G-7-S301_2024070120240501for the listing.
Can an Individual Sue the Utah State Government?
Yes. But the individual must strictly comply with the Utah Governmental Immunity Act, Utah Code 63G-7-101.l A business or entity can also sue the government.
Is it Possible to Sue a Utah State Agency?
Yes. You can sue any agency of the Utah State Government. The Utah Governmental Immunity Act applies to all governmental actors. Examples of state agencies is very broad, but classically include police departments, city municipalities, the State of Utah, Department of Corrections, or the University of Utah.
Law Governing Suing the Utah State Government.
The main law is the Governmental Immunity Act of Utah, found at Utah Code 63G-7-101 and the
corresponding case law.
Utah Governmental Immunity Database.
How nice. The issue of properly serving the right governmental agent for purposes of governmental immunity was so confusing the legislature has a consolidated service database. The governmental immunity database tool is provided by the Utah Department of Commerce, in compliance with Utah Code 63g-7-401(5), to retrieve address and contact information of Governmental Entities for the purpose of delivering a notice of claim.
Statute of Limitations for Suing the Utah State Government or an Agency.
First—hire an attorney who regularly works in this area. More than one attorney has blown the statute of limitations or screwed up the service process for governmental immunity claims.
(1). 1 year. One year from the date of injury the injured person must file with the appropriate agent (see database above) a compliant notice of claim. Utah Code § 63G-7-402.
(2). 60 days. Sixty days after a notice of claim is filed you can file a lawsuit. 63G-7-403(2)(a).
(3). 2 years max. All lawsuits must be filed within two years after the claim arises. 63G-7-403(2)(b).
What is a Notice of Claim When Suing the Utah State Government?
When suing the government you can’t just file an immediate lawsuit. You first must file and serve properly a Notice of Claim. A Notice of Claim must statutorily include:
(i) a brief statement of the facts;
(ii) the nature of the claim asserted;
(iii) the damages incurred by the claimant so far as the damages are known; and
(iv) if the claim is being pursued against a governmental employee individually as provided in Subsection 63G-7-202(3)(c), the name of the employee.
Common Governmental Immunity Injury Cases—Car Accidents.
By far the most common injury case against the Utah State Government or a Utah State agency of governmental institution is car accidents. Car accidents include Utah Transportation bus accidents, tram, train and TRAX accidents.
NOTE: If you have an injury claim against the Utah State Government, you should consult an experienced Utah personal injury attorney for the exact details and statutes of limitation applicable to your case. This blog post is meant to be informative only and not legal advice.