What to Expect When Filing a Wrongful Death Claim in Utah

Filing a wrongful death claim in Utah is one of the most difficult steps a family can face after losing a loved one. Beyond grief and emotional hardship, you may be left with questions about accountability, financial security, and your rights under Utah law.

This guide walks you through the step-by-step process of a wrongful death claim in Utah, explains who can file, outlines potential damages, and provides clarity on what you can expect along the way.

If you need immediate legal help, visit our Sandy Wrongful Death Lawyer page to learn how London Harker Injury Law can stand by your side.

What Constitutes a Wrongful Death Under Utah Law?

A wrongful death in Utah is defined by Utah Code § 78B-3-106: when a person’s death is caused by the “wrongful act, neglect, or default” of another party.

Examples of incidents that may lead to wrongful death claims include:

• Car accidents caused by negligence or recklessness
• Medical malpractice, such as surgical or diagnostic errors
• Premises liability accidents, including unsafe property conditions
• Defective products that cause fatal injuries
• Intentional acts such as assaults

For a broader overview of wrongful death law in Utah, see our blog:
Understanding Wrongful Death Claims in Utah: A Comprehensive Guide to Compensation.

Who Can File a Wrongful Death Claim?

Utah law limits who may bring a wrongful death claim. According to Utah Code § 78B-3-105, the right to file belongs to:

• The surviving spouse
• Surviving adult children
• Parents (including adoptive parents)
• Dependent stepchildren under 18
• Other heirs as outlined in Utah’s inheritance laws

Typically, one personal representative brings the claim on behalf of all eligible heirs. Learn more in our post:
Who Can File a Wrongful Death Claim in Utah?

Deadlines: The Statute of Limitations

Timing is critical. Utah law sets strict statutes of limitations for wrongful death cases:

• Two years from the date of death if filing against a private individual or business (Utah Code § 78B-2-304).
• One year if the defendant is a government entity, with a mandatory Notice of Claim under Utah Code § 63G-7-402.

Missing these deadlines almost always means losing the right to compensation. For more detail, see our guide:
How Long Do You Have to File a Wrongful Death Lawsuit in Utah?

Elements of a Successful Claim

To win a wrongful death claim in Utah, four elements must be proven:

1. Duty of Care – The defendant owed a duty to act reasonably (e.g., a driver’s duty to follow traffic laws).
2. Breach of Duty – The defendant acted negligently, recklessly, or wrongfully.
3. Causation – The wrongful conduct directly caused the death.
4. Damages – Surviving family members suffered measurable losses.

These elements often require expert testimony, accident reconstruction, and medical records, which a skilled attorney will gather during the investigation stage.

What Damages Can Families Recover?

Utah wrongful death law allows compensation for both economic and non-economic losses. In limited cases, punitive damages may apply.

Economic Damages (Tangible Losses)

• Funeral and burial costs
• Final medical expenses
• Lost wages and benefits the deceased would have provided
• Loss of household services (childcare, home upkeep, etc.)
• Loss of inheritance prospects

Non-Economic Damages (Intangible Losses)

• Emotional pain and suffering
• Loss of companionship, love, and guidance
• Mental anguish and grief

Punitive Damages

In cases involving gross negligence or intentional misconduct (e.g., DUI fatalities), punitive damages may be awarded under
Utah Code § 78B-8-201.

For a closer look at intangible losses, see our blog:
Emotional Damages in a Wrongful Death Claim: What’s Covered?

Step-by-Step: The Wrongful Death Claim Process

Here’s what to expect when working with a wrongful death lawyer in Utah:

1. Initial Consultation – The attorney reviews eligibility and case details.
2. Investigation – Collecting police reports, medical records, expert opinions, and witness statements.
3. Filing the Complaint – A civil lawsuit is filed against the responsible party.
4. Discovery Phase – Both sides exchange evidence and testimony.
5. Negotiation & Mediation – Many cases resolve through settlement with insurers.
6. Trial – If settlement fails, a judge or jury decides liability and damages.

Throughout this process, an attorney ensures deadlines are met, evidence is preserved, and your family’s voice is heard.

Why Work With London Harker Injury Law

Wrongful death cases are uniquely challenging. Families face powerful insurance companies and complex Utah statutes. At London Harker Injury Law, we provide:

• Compassionate representation tailored to grieving families
• Thorough investigations with access to experts
• Aggressive negotiation to maximize settlement value
• Courtroom advocacy if trial becomes necessary

We represent families throughout Utah, with offices in Sandy, Provo, and Lehi.

Taking the Next Step

If you’ve lost a loved one due to negligence, don’t wait. Filing a wrongful death claim is about more than compensation—it’s about securing justice and accountability.

Start here: Sandy Wrongful Death Lawyer – London Harker Injury Law

Or explore more on our blog:

• Who Can File a Wrongful Death Claim in Utah?
• How Long Do You Have to File a Wrongful Death Lawsuit in Utah?
• Emotional Damages in a Wrongful Death Claim: What’s Covered?

Call London Harker Injury Law today for a free consultation. Protecting your family’s rights starts now.