How to File a Wrongful Death Claim in Utah: What Families Need to Know

Losing a loved one is devastating. When that loss happens because of someone else’s negligence or wrongful act, the grief is compounded by the injustice. Utah law gives families a way to hold the responsible party accountable and recover compensation through a wrongful death claim.

If you have lost a family member because of someone else’s actions, you probably have questions about who can file, what compensation is available, and how the process works. This guide walks through how wrongful death claims work under Utah law. For a direct conversation about your family’s situation, see our Utah wrongful death lawyer page.

What Is a Wrongful Death Claim in Utah?

A wrongful death claim is a civil lawsuit brought when a person dies because of another person’s or company’s wrongful act or neglect. Utah Code § 78B-3-106 gives the right to bring this kind of action.

In general, a wrongful death claim requires that:

• A person died because of another party’s wrongful act or neglect
• The death caused losses to the surviving family members

Wrongful death claims are civil cases, not criminal cases. They seek financial compensation for the family’s losses. A civil case can move forward even if there is also a criminal prosecution, and each case follows its own rules and standard of proof.

Who Can File a Wrongful Death Lawsuit in Utah?

Under § 78B-3-106, a wrongful death action may be brought by the person’s heirs, or by the personal representative of the estate for the benefit of the heirs.

Utah Code § 78B-3-105 defines heirs as these surviving family members:

• The spouse
• The children
• The parents (natural parents, or adoptive parents if the person was adopted)
• Stepchildren under 18 who were financially supported by the person or lived with them at least part time
• If there is no surviving spouse, child, or parent, other blood relatives under Utah’s intestate succession rules

The personal representative of the estate is appointed through the probate court. When a personal representative brings the claim, it is brought for the benefit of all the heirs. If family members disagree about the case, an attorney can explain how Utah law handles the claim and how any recovery may be divided.

How Long Do You Have to File? Utah’s Statute of Limitations

Utah generally gives families two years from the date of death to file a wrongful death lawsuit under Utah Code § 78B-2-304.

This deadline is strict. If it passes, the court will likely dismiss the case, no matter how strong the claim might have been.

Some situations involve shorter or different deadlines:

• If a government agency or government employee caused the death, the Utah Governmental Immunity Act requires a written notice of claim within one year
• Medical malpractice deaths follow separate rules, including a required notice of intent and a prelitigation review process before a lawsuit can be filed

Because these deadlines are strict, families should speak with a wrongful death attorney as soon as they are able to after a loss.

Common Causes of Wrongful Death in Utah

Wrongful deaths happen in many kinds of incidents. Common causes include:

Vehicle crashes: Car, truck, and motorcycle collisions caused by speeding, distracted driving, or impaired driving. For more on how insurance works after a crash, see our guide on auto insurance and auto accidents in Utah.

Medical malpractice: Surgical errors, misdiagnosis, medication mistakes, and delayed treatment can give rise to wrongful death claims when a provider fails to meet the accepted standard of care.

Workplace incidents: Falls, equipment failures, and exposure to hazardous materials on construction sites and in industrial settings.

Defective products: Dangerous or defectively designed vehicles, medical devices, and consumer goods.

Unsafe property: Property owners who fail to fix or warn about known hazards may be liable when someone dies because of those conditions.

Nursing home neglect and abuse: Elderly residents may die because of neglect, abuse, or substandard care in a care facility.

Each type of case involves different legal considerations and evidence.

What Damages Can a Family Recover?

Section 78B-3-106 allows damages that are just under all the circumstances of the case. Families commonly seek both economic and non-economic damages.

Economic Damages

• Lost financial support: The income and benefits the person would have provided to the family
• Medical expenses: The cost of care related to the final injury or illness
• Funeral and burial costs: Reasonable expenses for services and burial
• Lost household services: The value of things the person did for the family, such as childcare and home maintenance

Non-Economic Damages

• Loss of companionship and society: The relationship, love, and support the person provided
• Loss of care, comfort, and guidance: The advice, protection, and direction family members received
• Loss of consortium: The marital relationship between spouses

Is There a Cap on Wrongful Death Damages in Utah?

Generally, no. Article XVI, Section 5 of the Utah Constitution provides that the amount recoverable for injuries resulting in death shall not be subject to any statutory limitation, except where compensation for death is otherwise provided by law (such as workers’ compensation). In 2015, the Utah Supreme Court relied on this provision in holding that the medical malpractice cap on non-economic damages cannot limit recovery in a wrongful death case.

For more on compensation, see our guide to wrongful death claims: eligibility, compensation, and deadlines.

The Difference Between a Wrongful Death Claim and a Survival Action

Utah law recognizes two related claims when someone dies because of another party’s conduct. Your family may be able to pursue both.

A wrongful death claim compensates the heirs for their own losses: the financial support, companionship, and guidance they lost.

A survival action under Utah Code § 78B-3-107 continues the claim the injured person had before they died. It can seek damages the person suffered between the injury and death, such as medical expenses, lost wages, and pain and suffering. Section 78B-3-107 also has special rules when a person dies from a cause unrelated to the injury, so an attorney should review how it applies to your family’s situation.

Steps in Filing a Wrongful Death Claim in Utah

1. Confirm who can bring the claim: Identify the heirs and whether a personal representative should be appointed.

2. Appoint a personal representative if needed: The probate court can appoint one if the estate does not have one.

3. Preserve and gather evidence: Medical records, crash reports, the death certificate, and records of the person’s income and family relationships.

4. Investigate fault: Determine who was responsible and what legal theories support the claim. This can involve accident reconstruction, expert review, and witness interviews.

5. Document the family’s losses: Assemble the economic and non-economic losses so the claim can be valued.

6. File the lawsuit: File the complaint in the appropriate Utah court before the deadline.

7. Discovery: Both sides exchange information through depositions, document requests, and written questions.

8. Settlement or trial: Many cases resolve through settlement, while others go to a jury.

For families dealing with a business defendant, our article on filing a wrongful death case against a corporation has more detail, and our guide on what to expect when filing a wrongful death claim covers the process step by step.

Proving Negligence in a Utah Wrongful Death Case

To succeed, the family must show that the defendant’s negligence or wrongful act caused the death. That generally means proving four elements:

Duty: The defendant owed the person a duty of reasonable care. Drivers, for example, must operate vehicles safely, and doctors must provide competent care.

Breach: The defendant failed to meet that duty, such as a driver running a red light or a property owner ignoring a known hazard.

Causation: The breach caused the death.

Damages: The death caused compensable losses to the family.

Civil cases use the “preponderance of the evidence” standard, meaning it is more likely than not that the defendant’s conduct caused the death. That is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases.

Evidence may include police and crash reports from agencies like the Utah Department of Public Safety, medical and autopsy records, witness statements, expert opinions, photos and video, and employment and financial records.

Special Situations: Government Defendants and Workplace Deaths

Claims against government entities: If a government employee or agency caused the death, the Utah Governmental Immunity Act applies. A written notice of claim must be filed within one year, and the Act limits the types of claims and the damages available. These rules are complex.

Workplace deaths: When someone dies in a work-related accident, Utah’s workers’ compensation system generally provides benefits to dependents and usually bars a wrongful death lawsuit against the employer. Families may still be able to bring a claim against a third party whose negligence contributed, such as an equipment manufacturer or a contractor.

Insurance and Wrongful Death Claims

Compensation often comes from the at-fault party’s liability insurance, such as auto, business liability, medical malpractice, or homeowner’s coverage. Knowing the policy limits and coverage issues early helps identify every available source of recovery.

In vehicle cases, personal injury protection (PIP) insurance may provide some initial benefits. PIP is limited and does not replace a full wrongful death claim.

Common Mistakes That Can Hurt a Wrongful Death Claim

Waiting too long to get legal help: Evidence disappears, memories fade, and deadlines run.

Accepting an early settlement offer: Early offers often come before the family understands the full value of its losses.

Giving recorded statements to insurers: Statements can be used against the claim later. Let your attorney handle those conversations.

Posting about the case on social media: Defense teams review social media for anything that conflicts with the claim.

Not documenting losses: Keep records of expenses and how the loss has affected the family.

Overlooking other responsible parties: More than one party may share responsibility for a death.

How an Attorney Can Help Your Family

Wrongful death cases are legally complex and emotionally hard. An attorney handles filings and deadlines, investigates the death, works with experts to value the family’s losses, negotiates with insurers, and takes the case to trial when a fair settlement is not offered.

Frequently Asked Questions

Can we still file a claim if our loved one was partly at fault?

Possibly. Utah follows modified comparative fault under Utah Code § 78B-5-818. Recovery is barred if the person who died was 50% or more at fault. Below 50%, recovery is reduced by their share of fault. For example, if total damages were $500,000 and the person was found 20% at fault, the recovery would be $400,000.

Who can file a wrongful death lawsuit in Utah?

The heirs (spouse, children, parents, certain dependent stepchildren, and in some cases other blood relatives), or the personal representative of the estate for the benefit of the heirs.

How long do we have to file?

Generally two years from the date of death. Claims against a government entity require a notice of claim within one year.

Is there a cap on wrongful death damages in Utah?

Generally, no. The Utah Constitution prohibits statutory limits on the amount recoverable for injuries resulting in death, except where compensation is otherwise provided by law, such as workers’ compensation.

What if the person responsible has no insurance?

Lack of insurance does not erase the claim, but it can affect collection. An attorney can look at every possible source of recovery, including business policies, umbrella policies, and, in vehicle cases, uninsured motorist coverage.

Can we file a wrongful death claim if there is also a criminal case?

Yes. The civil claim is separate from any criminal prosecution, and both can proceed. A criminal conviction is not required to win a civil wrongful death case.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the family for its own losses. A survival action continues the injured person’s own claim for losses they suffered before they died.

How long does a wrongful death case take?

It depends on the complexity of the case and whether it settles or goes to trial. Some cases resolve in months; others take two years or more.

Talk to London Harker Injury Law

No legal case can undo the loss of a loved one. A wrongful death claim can provide accountability and financial resources that ease some of the practical burdens during an incredibly difficult time.

Utah’s two-year deadline does not pause for grief, and evidence is easiest to gather soon after an incident. If your family is considering a wrongful death claim, London Harker Injury Law can answer your questions and explain your options. Learn more on our Utah wrongful death lawyer page.