Wrongful Death Claims in Utah: Answers for Families After a Fatal Accident

No legal outcome undoes the loss of a spouse, a parent, or a child. What a wrongful death claim can do is hold a negligent party accountable and secure the financial stability a family suddenly has to rebuild. Families rarely know where to begin, so here are the questions we are asked most.

Who Is Allowed to Bring the Claim?

Under Utah Code § 78B-3-106, a wrongful death action may be brought by the heirs of the person who died or by the personal representative of the estate on the heirs’ behalf. Heirs generally include the surviving spouse, children, and in some circumstances parents or other close family members.

A separate survival action (Utah Code § 78B-3-107) belongs to the estate and covers the losses your loved one personally suffered before death, such as medical expenses and conscious pain and suffering. The two claims are usually pursued together, and confusing them is a common and costly mistake.

What Compensation Is Available?

Utah recognizes both economic and non-economic losses, including:

• Financial support the deceased would have provided over a lifetime
• Medical and funeral or burial expenses
• The value of lost services, from childcare to household work
• Loss of love, companionship, society, comfort, and guidance for the surviving family

Utah’s constitution has long been understood to prohibit statutory caps on the amount recoverable in wrongful death cases, which distinguishes Utah from states that limit these damages by statute.

The Deadline Is Shorter Than for Injury Cases

This surprises families more than any other point. While most Utah personal injury claims allow four years, a wrongful death claim generally must be filed within two years of the date of death (Utah Code § 78B-2-304). If a government entity or employee may share responsibility, a written notice of claim is typically required within one year. Grief makes time pass quickly, and these deadlines do not pause for it.

Does a Criminal Case Change Anything?

A criminal prosecution and a civil wrongful death claim are separate. Prosecutors represent the public and cannot recover compensation for your family. The burden of proof is also lower in a civil case, which means a family may recover even where a criminal charge is never filed or does not result in conviction. You do not have to wait for the criminal case to conclude before speaking with an attorney.

What Families Should Know About the Insurer

An insurance representative may contact you within days, sometimes with a sympathetic tone and a quick offer. That offer is made before anyone has calculated a lifetime of lost support, and accepting it typically closes the claim permanently. In fatal trucking and commercial vehicle cases, the company’s investigators are usually working the scene long before the family has had time to think about a claim.

Speak With an Ogden Wrongful Death Attorney

If your family lost someone because of another party’s negligence anywhere in Utah, we can explain your options at no cost and with no obligation. There is no fee unless we win. Call (833) 465-9744.

This article provides general information about Utah law and is not legal advice. Every case depends on its own facts.