Posted on Tuesday, May 27th, 2025 at 11:17 pm
Losing a loved one is never easy — and when their death is caused by someone else’s negligence or wrongful actions, the pain can feel unbearable and unjust. In Utah, the law provides a pathway for surviving family members to seek justice through a wrongful death claim. This article explains what wrongful death means in Utah, who can file a claim, what damages may be available, and why hiring a Utah wrongful death attorney can make a critical difference.
What Is Considered a Wrongful Death in Utah?
Under Utah Code § 78B-3-106, a death is considered “wrongful” if it results from the wrongful act, neglect, or default of another party. In simpler terms, if the deceased person would have had a valid personal injury claim had they survived, then their family may have a valid wrongful death claim.
Common examples of wrongful death include:
- A fatal car accident caused by a drunk or distracted driver
- Death resulting from medical malpractice
- Workplace fatalities due to unsafe conditions
- Fatal injuries caused by a defective product
- Violent acts such as assault, manslaughter, or murder
Key Elements of a Utah Wrongful Death Claim
For a wrongful death lawsuit to succeed in Utah, the following elements must be proven:
- A wrongful act or negligence directly caused the death
- The victim is deceased
- There is a direct link between the at-fault party’s action and the fatality
- The survivors have suffered measurable damages, either financial or emotional
Who Can File a Wrongful Death Lawsuit in Utah?
Utah law limits who can file a wrongful death claim. According to Utah Code § 78B-3-105, eligible individuals include:
- The deceased’s spouse
- Adult children of the deceased
- Parents (including adoptive parents)
- Stepchildren under 18 who were financially dependent on the deceased
- A court-appointed personal representative of the estate
In some cases, a legal guardian may also file if the deceased was under guardianship. If the deceased had a will, it may name a specific personal representative who has the authority to file the lawsuit.
Time Limits: Statute of Limitations for Wrongful Death in Utah
One of the most critical aspects of a wrongful death claim is timing. Under Utah law, you generally have two years from the date of death to file a wrongful death lawsuit. However, if the claim involves a government entity, you must file within one year.
Missing these deadlines can result in losing your right to pursue compensation. This is why consulting with a wrongful death attorney in Salt Lake City or your local area as soon as possible is essential.
Financial Damages You Can Claim
Utah allows surviving family members and the deceased’s estate to seek compensation for both economic and non-economic damages, including:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Lost wages and future earning potential
- Loss of companionship, care, and guidance
- Emotional pain and suffering
- Punitive damages in cases involving gross negligence or intentional harm
While economic damages are easier to calculate, non-economic damages like emotional loss often require experienced legal advocacy to properly quantify.
Common Causes of Wrongful Death in Utah
Wrongful deaths in Utah occur across various scenarios. Some of the most common causes include:
- Car accidents (one death every 36 hours in Utah)
- Medical malpractice
- Defective or dangerous products
- Construction and workplace accidents
- Criminal acts like homicide or assault
Each situation is unique, but they all require establishing that a wrongful act or failure in duty caused the death.
What Evidence Do You Need?
Building a strong wrongful death lawsuit requires comprehensive evidence. This may include:
- Police reports and accident reconstructions
- Medical records and autopsy reports
- Financial documentation showing lost income and support
- Eyewitness statements
- Proof of pain, suffering, and emotional impact on the survivors
Experienced wrongful death attorneys can work with investigators and expert witnesses to assemble the strongest possible case.
Why You Need a Wrongful Death Attorney in Utah
Navigating the complexities of a wrongful death lawsuit is not something families should have to do alone. A Utah wrongful death attorney can provide:
- Case evaluation and eligibility assessment
- Guidance on which family member(s) should file
- Help with gathering evidence and calculating damages
- Filing paperwork on time and in the correct court
- Negotiating with insurance companies
- Trial representation if needed
London Harker, offer free consultations to help you understand your options without pressure or commitment.
Speak to a Utah Wrongful Death Lawyer Today
At London Harker, we know the emotional and financial toll a wrongful death can bring. Our experienced attorneys serve clients throughout Utah — including Salt Lake City, Provo, Ogden, and St. George — and are committed to helping families get the justice and compensation they deserve.
Don’t wait—if your loved one’s death was caused by negligence or wrongful action, contact us today for a free consultation. Let us help you take the first step toward healing and holding the responsible party accountable.
