What Are the Statute of Limitations for Wrongful Death Claims in Utah?

Losing a loved one due to someone else’s negligence is devastating. When this happens, families may have legal options to seek justice through a wrongful death claim. However, these cases are bound by strict deadlines. Understanding Utah’s wrongful death statute is critical to protecting your right to pursue compensation.

A wrongful death claim can come from all kinds of situations—car accidents, medical malpractice, workplace injuries, defective products, and even criminal acts. But no matter the case, proving fault and meeting legal requirements is everything. If you are considering filing a claim, knowing the statute of limitations and the key steps ahead will give you the confidence to move forward. 

What Is Wrongful Death?

A wrongful death is one that was caused by another person’s negligence, recklessness, or intentional actions. Surviving family members may be entitled to compensation they can seek through a wrongful death claim or lawsuit. Each state has specific laws explaining who can file, what compensation they can seek, and how long they must take legal action. In Utah, these laws help families recover financial support while making sure the responsible party is held accountable. Since strict deadlines and legal steps are involved, working with a lawyer and acting quickly is important to protect your rights. 

Who Can File a Wrongful Death Claim?

Not just anyone can file a wrongful death claim in Utah. State law designates specific individuals who have the right to take legal action. The following parties are typically eligible to file:

• The deceased’s surviving spouse
• The deceased’s children (including legally adopted children)
• The deceased’s parents
• The deceased’s stepchildren (if financially dependent on the deceased)
• The personal representative of the deceased’s estate

Knowing who can file a wrongful death claim is an essential first step. If more than one person qualifies, they might need to work together or choose someone to represent the estate. Disagreements over who should file can complicate things, so having a lawyer can help keep the process smooth. 

Utah’s Statute of Limitations for Wrongful Death Cases

The statute of limitations dictates the deadline for filing a wrongful death lawsuit, and in Utah, the personal representative or other party who will file the suit has two years from the date of death to file. If filing occurs after the statutory deadline passes, the court can dismiss the case without a hearing. If you have lost a loved one through someone else’s wrongful act, talking to a lawyer right away is important. In some cases, the deadline could be extended if negligence or fraud wasn’t apparent immediately. A lawyer can help you determine whether any exceptions apply to your case. 

How a Lawyer Handles Your Wrongful Death Claim

An experienced attorney will take care of every step in a wrongful death claim, allowing you to focus on your family while they build your case.

• Collecting Evidence – Your lawyer will gather crucial proof, including witness statements, medical records, and police reports, to establish negligence.
• Identifying Responsible Parties – They’ll determine whether a person, company, medical provider, or government entity is responsible.
• Filing Legal Paperwork – They’ll handle all required documents and deadlines to protect your right to compensation.
• Negotiating a Settlement – Your attorney will pursue an appropriate settlement.
• Taking the Case to Trial – They’ll present your case in court, advocating for justice and the compensation you deserve. 

Damages Available Under Utah’s Wrongful Death Laws

Wrongful death claims help surviving family members recover from both the financial and emotional impact of their loss. In Utah, claimants can seek compensation for these losses:

• Medical Expenses – Covers hospital bills, treatments, and emergency care before death.
• Funeral & Burial Costs – Pays for services, burial/cremation, and memorial expenses.
• Lost Income and Benefits – Money for wages and financial support the deceased would have provided.
• Loss of Companionship and Support – Money to compensate for the emotional loss of love, care, and guidance.
• Pain and Suffering – Compensation for the survivors’ grief and emotional distress.

The value of a wrongful death case depends on factors like the deceased’s age, earning potential, medical expenses, and how their loss affects the family. A lawyer can assess your losses and pursue the full compensation you’re owed. 

Proving Fault in a Wrongful Death Lawsuit

Wrongful death claims usually happen because of negligence, but sometimes strict liability applies, meaning someone can be held responsible even if they weren’t careless or acting on purpose. To win a case, a lawyer has to prove:

• Duty of Care – The person, company, or group had a legal responsibility to act safely.
• Breach of Duty – They failed to do that by being careless, reckless, or intentionally harmful.
• Causation – Their actions directly caused the person’s death.
• Damages – The victim’s family suffered real emotional and financial losses.

In strict liability cases, proving negligence isn’t necessary. For example, if a defective product causes a fatal injury, the manufacturer may be held responsible even if they weren’t reckless. A skilled lawyer can gather evidence, consult experts, and build a strong case to establish fault and fight for the compensation your family deserves.

Common Causes of Wrongful Death Claims

Wrongful death claims can arise from a variety of situations, including:

• Car Accidents: Negligent or reckless driving, DUI-related crashes, and failure to follow traffic laws
• Medical Malpractice: Surgical errors, misdiagnoses, medication mistakes, or inadequate medical care
• Workplace Accidents: Fatal injuries due to unsafe working conditions, equipment failures, or lack of proper training
• Defective Products: Faulty medical devices, dangerous consumer products, or defective auto parts
• Premises Liability: Fatal slip-and-fall accidents, unsafe property conditions, or lack of security leading to harm
• Criminal Acts: Assaults, homicides, or other intentional wrongful acts

Seeking Legal Help for a Wrongful Death Claim

Utah’s wrongful death laws can be complicated, and with a limited time to file a claim, acting quickly is important. If you have lost a loved one in an accident caused by another party, a successful wrongful death lawsuit can provide financial security for your family while holding the responsible party accountable.

At London Harker Injury Law, our Utah wrongful death lawyers are here to take on the process on your behalf, from gathering evidence to negotiating with insurance companies—and, if necessary, fighting for you in court. Contact us at 77CARCRASH or visit our contact page to learn more. We’re ready to support you during this difficult time.