
Utah County · Wrongful Death Claims
You should be able to grieve, not negotiate with an insurance company. When another person's carelessness takes someone you love, our Provo wrongful death lawyers carry the legal work with care, and a consultation is always free and confidential.
Why Provo
Utah defines a wrongful death as one caused by the wrongful act or neglect of another. It can follow a car or truck crash, medical malpractice, a dog attack, a defective product, or a crime. It is a civil case, separate from any prosecution, and it results in compensation for the family rather than punishment for the wrongdoer.
A claim can be brought by the personal representative of the estate, often named in a will, or by the heirs: a surviving spouse, children (including adopted children), parents, and stepchildren under 18 who were financially supported by or lived with the person who died. Other blood relatives may qualify when no spouse, child, or parent survives. Any recovery by a personal representative is for the benefit of the heirs.
In and around Provo, serious crashes concentrate on University Avenue, I-15 through Provo and Orem, and US-189 through Provo Canyon, where two-lane stretches and weather lead to center line crossings. Each calls for early investigation, before video and vehicle data are lost.
Provo cases are filed in Utah County and heard in the Fourth District Court. Families generally have two years from the date of death to file, and a claim against a government entity requires a written notice of claim within one year. Our Provo office is at 333 W 2230 N, Suite 321.
Common Causes
Understanding what happened is the first step toward accountability. These are the situations we see most often in and around Provo.
Collisions on University Avenue, I-15, and the canyon routes.
Heavy vehicles on I-15 and US-189 with commercial coverage.
Deaths caused by a provider's negligence, with their own notice rules.
Owner responsibility for a dangerous animal.
Parts, equipment, and products that failed when they should not have.
A civil claim that is separate from any prosecution.
What Families Should Know
The family's claim, and a separate survival action for what your loved one endured.
Shorter than most injury claims, and one year for notice to a government entity.
Small policy claims can be settled by affidavit 45 days after a death, for every heir.
Insurers may overstate fault because your loved one can't tell their side.
Video, vehicle data, and witness memories are often lost within weeks.
Accountability
Many deaths involve more than one responsible party, each with separate insurance.
Utah Code § 78B-3-106 reaches the employer responsible for the person's conduct.
Carriers and contractors, each with commercial coverage of their own.
Owners and managers who left a known hazard in place.
Makers and sellers of a defective part, device, or product.
Doctors, hospitals, and care facilities, under Utah's Health Care Malpractice Act.
Unsafe road design or maintenance. Written notice of claim is due within one year.
Who can file, the survival action, damages, every deadline, and what to know before signing a release. Our statewide Utah wrongful death guide covers it in depth.
Damages
Utah law allows damages that are just under all the circumstances. Every family's losses are different, and they deserve to be understood before anyone puts a number on them.
Lost financial support and household services, medical bills before death, and funeral and burial costs.
The loss of love, companionship, care, comfort, and guidance.
What your loved one suffered before death. Learn more on our Utah guide.
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Questions
The personal representative of the estate, often named in a will, or the heirs under Utah Code 78B-3-105: a surviving spouse, children (including adopted children), parents, and stepchildren under 18 who were financially supported by or lived with the person who died. Other blood relatives may qualify when no spouse, child, or parent survives.
Families can generally seek funeral and burial costs, medical expenses before death, the wages and benefits their loved one would have provided, and the loss of counsel, advice, and affection. Where there is also a survival action, the estate can recover for the pain and suffering the person endured before death.
Generally two years from the date of death under Utah Code 78B-2-304. If the claim is against a government entity, a written notice of claim must be filed within one year. Missing either deadline can end the case, so it is best to talk with an attorney early.
No. The wrongful death claim belongs to the heirs and pays for their losses, like lost support and the companionship the family no longer has. A survival action under Utah Code 78B-3-107 recovers what your loved one could have claimed had they survived, including their medical bills and the pain they endured before death. The two often proceed together.
We investigate how and why your loved one died, bring in the right experts, value the income, benefits, and guidance your family has lost, pursue any survival claim alongside the family's claim, take over communication with insurers, and track every filing deadline, so you can focus on each other.
Free, Private Consultation
Tell us what happened, in your own words and at your own pace. We'll explain your family's options and the deadlines that apply, at no cost to you.
Everything you share is kept confidential
Submitting does not create an attorney-client relationship.