Who Can Sue for Wrongful Death in Utah?

Wrongful death claims arise when a party’s negligence or intentional actions lead to the death of someone else. In Utah, specific individuals have the legal right to file a wrongful death claim or lawsuit to pursue compensation for their family’s loss. Knowing who can sue for wrongful death is crucial for those who have lost family members under tragic circumstances. It’s also important to know how long you have to file a claim, who can receive compensation from a claim, and what losses you can seek compensation for.

What Is Wrongful Death?

A wrongful death occurs when a person dies from injuries sustained due to the action or inaction of another party who had a responsibility to avoid harming others. Wrongful deaths can occur due to such circumstances as car accidents, slip-and-falls, defective products, and criminal activities like assaults.

In Utah, certain family members can bring a wrongful death claim against the responsible party. Through this claim, they can seek compensation for the financial and emotional losses they suffered as a result of their loved one’s death.

Who Can File a Wrongful Death Claim in Utah?

Who can sue for wrongful death? Not just anyone can file a wrongful death claim in Utah. The state’s law specifies that only specific individuals are eligible to bring a claim, including the deceased’s heirs and the personal representative of their estate. This means the people who can legally file a claim are:

• The Deceased’s Spouse – A surviving spouse is usually the first in line to file a wrongful death suit and typically receives the most compensation resulting from the claim. Spouses may seek compensation for loss of companionship, among other losses.
• The Deceased’s Children – If the deceased has surviving children, they are the next in line to file a claim. Minor children typically have higher priority than adult children. Both biological and legally adopted children are eligible to file a claim.
• The Deceased’s Parents – If the deceased has no surviving spouse or children, their parents may be eligible. This is particularly common in cases where the deceased family member is a minor child.
• The Deceased’s Other Heirs – If the deceased has no surviving spouse, children, or parents, their other heirs may be able to file a claim. Other heirs may include descendants, siblings, and blood relatives.
• The Personal Representative – The personal representative of the deceased’s estate, typically named in their will, can file a wrongful death claim on behalf of the deceased’s eligible heirs.

It’s important to note that eligible heirs do not file individual lawsuits. Only one heir or the personal representative can sue for wrongful death. All eligible heirs will receive a notice.

How Long Do I Have to File a Wrongful Death Lawsuit in Utah?

The statute of limitations affects your timeline for filing a wrongful death lawsuit. In Utah, the statute of limitations gives you only two years from the date of your loved one’s death to file a lawsuit. Failure to file on time risks losing your right to seek compensation for your loss.

There are a few special circumstances in which the statute of limitations may be longer or shorter. For example, claims resulting from medical malpractice tend to have longer timeframes. Claims against government entities, on the other hand, tend to have shorter timeframes. Additionally, you need to consider the statute of limitation. It’s vital that you speak to an experienced wrongful death attorney. They can help determine the exact statute of limitations that applies to your specific case.

Who Receives Compensation from a Wrongful Death Claim?

When a wrongful death claim succeeds, the deceased’s heirs can distribute the compensation in several ways. One option is to distribute it according to Utah’s laws of intestate succession. This means the spouse would have priority, followed by the children, the parents, and other relatives.

Another option is for the heirs to agree on how to divide the compensation among themselves. This division may take the form of all the eligible dependents splitting the compensation evenly or based on dependence. For example, if the deceased has a spouse and two minor children, they could each receive one-third of the compensation, or the spouse may receive half while the minor children split the other half.

If an heir is a minor child, a judge must approve the compensation distribution. This is to ensure it considers the child’s best interest.

What Compensation Is Available in a Wrongful Death Claim?

The compensation received through a settlement or trial award in a wrongful death claim is for the losses and expenses the deceased’s family members face, including:

• Funeral and Burial Costs – Wrongful death claims typically involve compensation for your loved one’s funeral expenses and burial costs.
• Loss of Consortium – Surviving spouses can seek compensation for the loss of their marital relationship and companionship.
• Loss of Guidance and Support – Family members, particularly minor children, can recover compensation for the loss of their loved one’s guidance and support.

The personal representative who can sue for wrongful death can also file a survival action. They can seek compensation for additional damages on behalf of the deceased. Then, it goes to the estate for distribution among the heirs. These damages may include:

• Medical Expenses – You may seek compensation for the medical expenses your loved one incurred before they succumbed to their injuries. Medical expenses may include surgeries, hospital stays, treatments, and prescription medications.
• Lost Wages and Benefits – You can seek compensation for the income your loved one would have contributed to your family had they survived their injury. You can seek compensation for lost employment benefits, like retirement contributions or health insurance, after their death.
• Pain and Suffering – While it can be hard to put a value on, you can seek compensation for any physical pain and emotional suffering your loved one experienced due to their injury.

Contact a Utah Wrongful Death Attorney at London Harker Injury Law

If someone else’s negligent actions caused the death of your loved one, you may be eligible to file a wrongful death claim to seek compensation for your family’s loss. Contact London Harker Injury Law online or call 77CARCRASH to speak with an experienced, compassionate Utah wrongful death lawyer about your situation. Our law firm is dedicated to helping people like you get the compensation they deserve. We’ll review your case, explain your legal options, and answer any questions you have. With our proven track record of successful case results, you can trust us with your case.

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