Posted on Monday, July 14th, 2025 at 3:54 pm
Experiencing the loss of a loved one is overwhelmingly painful—especially when their death was caused by someone else’s negligence or intentional misconduct. In Utah, state law empowers surviving family members to file a wrongful death claim to pursue financial compensation and justice for their loss.
What Is a Wrongful Death Under Utah Law?
Under Utah Code § 78B‑3‑106, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or omission of another—meaning if the deceased had survived, they could have pursued personal injury damages.
Common triggers include:
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Car accidents
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Defective products
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Medical malpractice
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Premises liability incidents
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Intentional acts (e.g., violence)
Who Can File a Wrongful Death Claim in Utah?
Utah law allows the following to file:
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The personal representative of the deceased’s estate
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Eligible heirs including:
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Surviving spouse
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Parents of a deceased minor child
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Adult children of a deceased parent
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In rare cases, siblings or grandparents
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London Harker’s guide, Who Can File a Wrongful Death Claim in Utah? covers this topic in-depth
Types of Compensation in Wrongful Death Cases
1. Economic Damages
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Medical expenses incurred before death
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Funeral and burial costs
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Lost income and benefits, including future earnings
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Value of household services, like childcare and home upkeep
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Loss of inheritance prospects
2. Non‑Economic Damages
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Loss of companionship and consortium
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Mental anguish, grief, and emotional distress
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Pain and suffering endured by the deceased prior to death (via survival action)
3. Punitive Damages
May apply if the defendant’s behavior was especially egregious—like DUIs or intentional harm.
For more detail, see our longitudinal post “Wrongful Death vs. Survival Action Claims”
Difference Between Survival Actions and Wrongful Death Claims
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A wrongful death claim compensates the surviving family for their losses.
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A survival action addresses damages the deceased suffered before death, such as pain or medical bills, and goes to the estate londonharker.com.
How Damages Are Calculated
Several key factors affect total compensation:
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Age and projected life expectancy
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Pre‑death health and earning capacity
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Education level and career path
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Number and age of dependents
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Nature of the defendant’s misconduct
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Strength of supporting evidence
Expert testimony—from economists to psychologists—is often used to quantify losses.
Statute of Limitations for Filing
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Standard deadline: 2 years from the date of death londonharker.com.
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Against government entities: 1 year
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Discovery Rule: May extend time in limited scenarios
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If claimant was a minor: 2 years post-18th birthday
See our detailed guide, What Are the Statute of Limitations for Wrongful Death Claims in Utah
Why Acting Fast Matters
Failing to file within the statute of limitations usually bars all future claims. Consult the Utah Code—§ 78B‑3‑106 for exact legal obligations
The Role of a Skilled Wrongful Death Attorney
A seasoned lawyer can:
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Prepare and file documents accurately and timely
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Conduct thorough investigations
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Coordinate with experts to build a strong case
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Negotiate with insurers
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Maximize compensation
Explore our dedicated practice areas:
Ready to Move Forward?
If you’ve lost someone due to negligence or wrongdoing, you may be entitled to compensation. Contact London Harker Injury Law in Sandy or Provo, Utah, for a free consultation and compassionate guidance tailored to your situation.
