Wrongful Death Claims in Lehi and Utah County: What Families Need to Know

Losing a family member is devastating. When the loss results from someone else’s negligence or wrongful actions, the pain is compounded by uncertainty about the future. If your loved one died because of another party’s carelessness in Lehi or elsewhere in Utah County, your family has legal rights under Utah law.

A wrongful death claim cannot bring back the person you lost, but it can provide financial security and hold the responsible party accountable. This guide explains how these claims work for Utah County families. For our statewide practice, see our Utah wrongful death lawyer page.

Understanding Wrongful Death Claims in Utah County

A wrongful death occurs when someone dies because of another person’s or company’s wrongful act or neglect. Utah Code § 78B-3-106 gives families the right to bring a civil claim in that situation.

Wrongful death claims are civil cases, separate from any criminal charges. Even if prosecutors decline to file charges or a defendant is acquitted, families can still pursue a civil wrongful death case. The civil standard of proof is lower, and the goal is compensation rather than punishment.

A wrongful death case generally requires proof that:

• The defendant owed a duty of care to the person who died
• The defendant breached that duty
• The breach caused the death
• The death caused losses to the surviving family

Who Can File a Wrongful Death Lawsuit in Utah?

Under § 78B-3-106, the claim 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 to include:

• The surviving spouse
• The children
• The parents (natural parents, or adoptive parents if the person was adopted)
• Certain stepchildren under 18 who were financially dependent or lived with the person
• If there is no surviving spouse, child, or parent, other blood relatives under Utah’s intestate succession rules

If you are unsure how these rules apply to your family, an attorney can review your circumstances and explain your options.

Common Causes of Wrongful Death in Lehi and Utah County

Traffic Crashes

I-15 and SR-92 carry heavy traffic through Lehi. Speeding, distracted driving, impaired driving, and aggressive driving can all lead to fatal crashes, and people walking or biking near busy intersections and commercial areas face serious risks.

Truck Crashes

Commercial trucks travel I-15 through Utah County every day. When a large truck collides with a passenger vehicle, the results are often catastrophic. Driver fatigue, poor maintenance, cargo problems, and trucking company negligence can all play a role. Learn more about company vs. driver liability in Utah truck claims.

Workplace Incidents

Construction sites, warehouses, and industrial facilities present serious hazards. Workers’ compensation generally provides benefits to dependents and usually bars a lawsuit against the employer, but families may have a claim against a negligent third party, such as an equipment manufacturer or contractor.

Medical Malpractice

Surgical errors, misdiagnosis, medication mistakes, and delayed treatment can cause preventable deaths. These cases require expert medical testimony and have their own notice and prelitigation review requirements.

Unsafe Property

Property owners must keep their premises reasonably safe. Dangerous conditions, inadequate security, and failure to warn of known hazards can lead to fatal incidents.

Utah’s Wrongful Death Statute of Limitations

Under Utah Code § 78B-2-304, families generally have two years from the date of death to file a wrongful death lawsuit. If the deadline passes, the court will likely dismiss the case. Claims against a government entity require a written notice of claim within one year.

Damages Available in Utah Wrongful Death Cases

Economic Damages

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Lost income and financial support the person would have provided
• Lost benefits such as health insurance and retirement contributions
• Loss of household services

Non-Economic Damages

• Loss of love, companionship, and affection
• Loss of care, guidance, and protection

The Utah Constitution bars statutory limits on the amount recoverable for a death, except where compensation is otherwise provided by law, such as workers’ compensation. In 2015, the Utah Supreme Court held that the medical malpractice cap on non-economic damages cannot limit recovery in a wrongful death case.

Survival Actions

Utah also recognizes survival actions under Utah Code § 78B-3-107. A wrongful death claim compensates the family for its own losses. A survival action continues the claim the person had before they died, which may include losses such as medical expenses and pain and suffering between the injury and death. Families can often pursue both.

The Wrongful Death Claims Process in Utah County

Wrongful death cases arising in Lehi are typically filed in Utah’s Fourth District Court, which serves Utah County. Information about the courts is available from Utah State Courts. Cases generally move through these stages:

Investigation: Gathering crash reports, medical records, witness statements, employment records, and expert opinions.

Filing the lawsuit: The complaint is filed and served, and the defendant has a set time to respond.

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

Settlement negotiations: Many cases settle, but only an offer that fairly compensates the family is worth accepting.

Trial: If the case does not settle, a jury decides liability and damages.

Common Challenges in Wrongful Death Claims

Insurers may dispute liability, argue the person who died was partly at fault, minimize the value of the person’s financial contributions, or delay to pressure the family into a low settlement.

Comparative Fault in Utah

Utah follows modified comparative fault under Utah Code § 78B-5-818. If the person who died was partly at fault, damages are reduced by that percentage. If they were 50% or more at fault, the family cannot recover.

How London Harker Can Help

Handling a wrongful death claim while grieving is overwhelming. Our Lehi personal injury attorneys handle every part of the case, including:

• Investigating the death and establishing liability
• Working with medical experts, accident reconstructionists, and economists
• Valuing the family’s losses
• Handling all communication with insurers
• Negotiating for full compensation
• Preparing the case for trial when needed
• Managing court deadlines and filings

Choosing a Wrongful Death Lawyer in Utah County

When choosing a lawyer, look for experience with wrongful death cases, knowledge of Utah law, the resources to investigate and try a case, and clear communication. Insurers take a claim more seriously when they know the attorney is prepared for trial. Our guide on choosing a personal injury lawyer in Utah has more tips.

Frequently Asked Questions

What qualifies as wrongful death in Utah?

A death caused by another party’s wrongful act or neglect, such as a car crash, medical malpractice, a workplace incident, or a defective product.

How long do I have to file?

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

What damages can be recovered?

Economic damages such as medical and funeral costs, lost income and benefits, and lost household services, plus non-economic damages for loss of love, companionship, care, and guidance.

What if my loved one was partly at fault?

If they were less than 50% at fault, the family can still recover, reduced by their percentage of fault. At 50% or more, no recovery is allowed.

How much does a wrongful death lawyer cost?

London Harker handles wrongful death cases on a contingency fee basis, so there are no upfront fees. We explain our fee structure during your consultation.

How are wrongful death recoveries divided among family members?

The heirs share in the recovery. How it is divided depends on the circumstances, and the court may become involved if family members disagree.

Can we sue if our loved one died in a workplace accident?

Workers’ compensation usually bars a lawsuit against the employer, but you may have a claim against a negligent third party.

Contact London Harker Injury Law

If you lost a loved one because of someone else’s negligence in Lehi or anywhere in Utah County, London Harker Injury Law can review your situation and explain your options. Visit our Utah wrongful death lawyer page to get started.