When someone’s careless or intentional actions result in the death of another person, Utah law allows surviving family members to seek justice through a wrongful death claim. While no amount of money can replace a loved one, pursuing legal action can help cover financial losses and hold the responsible party accountable. Utah’s wrongful death laws aim to support families through this difficult time with a clear legal process.
Who Can File a Wrongful Death Claim in Utah?
Under Utah law, the following individuals may file a wrongful death lawsuit:
- The surviving spouse
- Adult children of the deceased
- Parents (if the deceased was a minor or had no spouse or children)
- The personal representative of the estate
In some cases, stepchildren or adoptive parents may also have the right to file if they were financially dependent on the deceased.
What Is Considered a Wrongful Death?
A wrongful death occurs when a person is killed due to another person’s negligence, recklessness, or intentional misconduct. Examples include:
- Auto and truck accidents
- Medical malpractice
- Workplace fatalities
- Dangerous property conditions
- Violent crimes
- Defective or dangerous products
If the deceased would have had a valid personal injury case, then their surviving family may be entitled to bring a wrongful death claim.
What Compensation Can Be Recovered?
Families who file a wrongful death claim in Utah may be able to recover damages such as:
- Funeral and burial costs
- Medical expenses related to the fatal injury
- Loss of the deceased’s income and benefits
- Pain and suffering experienced by the deceased before death
- Loss of companionship, care, and emotional support
- Mental anguish suffered by survivors
In particularly egregious cases, punitive damages may be awarded to punish the defendant and deter future misconduct.
Time Limits for Filing a Claim
The statute of limitations for a wrongful death claim in Utah is two years from the date of death. If the claim is against a government agency, the deadline may be as short as one year and require a formal notice of claim.
It’s important to act quickly, as waiting too long may permanently bar your right to compensation.
Wrongful Death from Car Accidents in Utah
Car accidents are a leading cause of wrongful death in Utah. If your loved one died in a crash caused by a reckless, distracted, or impaired driver, your family may be entitled to file a wrongful death lawsuit.
Utah follows a modified comparative negligence system. If the deceased was less than 50% at fault, your family can still recover compensation, although the total award may be reduced based on their share of responsibility.
Workplace Accidents and Third-Party Claims
When a death occurs on the job, workers’ compensation death benefits are often the first line of financial support. However, if someone other than the employer contributed to the fatal accident — such as a subcontractor, equipment manufacturer, or property owner — your family may also pursue a wrongful death claim for additional compensation.
Frequently Asked Questions About Wrongful Death in Utah
Can multiple family members be part of the claim?
Yes. Multiple eligible family members can share in the compensation, but only one wrongful death lawsuit may be filed. A personal representative often files the claim on behalf of all beneficiaries.
What if my loved one didn’t die immediately?
If the deceased survived for a period of time before passing away, the estate may also file a survival action to recover for the pain, suffering, and medical bills experienced prior to death.
Are emotional damages included in compensation?
Yes. Family members can seek damages for loss of companionship, emotional distress, and grief, in addition to financial losses.
What if the person responsible isn’t criminally charged?
A wrongful death case is a civil lawsuit and does not require a criminal conviction. Even if no criminal charges are filed, a civil court may still hold the party financially responsible.
Talk to a Utah Wrongful Death Lawyer
If your loved one’s death was caused by someone else’s actions or failure to act, you may have legal options. A Utah wrongful death attorney can guide your family through the process and help you seek the compensation you deserve. Speak with a qualified lawyer today to discuss your rights and next steps.