
Salt Lake County · Wrongful Death Claims
When you've lost a loved one because of someone else's carelessness, the grief is overwhelming, and financial strain can arrive before there has been any time to grieve. Our Sandy wrongful death attorneys help families understand their rights with compassion. Money can never make up for your loss, but it can protect your family's future.
Why Sandy
A wrongful death claim in Utah is a civil action that belongs to the family of a person who died because of someone else’s negligent, reckless, or intentional conduct. Under Utah Code § 78B-3-105, the heirs who may bring it include a surviving spouse, children, parents (including adoptive parents), stepchildren under 18 who were financially supported by or lived with the person who died, and other blood relatives when none of those survive. The personal representative of the estate, often named in a will, can also bring the claim for the heirs.
Utah allows two separate claims after a death. The family’s wrongful death claim compensates the heirs for their own losses, such as lost financial support, companionship, and guidance. A survival action under § 78B-3-107 recovers what the person who died could have claimed, including medical bills, lost income, and the pain they endured before death. Sorting out which losses belong to which claim is one of the first things we do.
Around Sandy, fatal crashes most often happen on the high-speed corridors, I-15 and Bangerter Highway, and on busy arterials like State Street and 700 East, where turning conflicts and intersection collisions are common. The Cottonwood canyon approaches add winter conditions and heavy recreational traffic.
Sandy cases are filed in Salt Lake County and heard in the Third District Court. Utah generally gives families two years from the date of death to file, and requires a written notice of claim within one year when a government entity is involved. Our Sandy office is at 8800 Harrison St.
Common Causes
Understanding what happened is the first step toward accountability. These are the situations we see most often in and around Sandy.
Collisions on I-15, Bangerter, and Sandy's busy arterials.
People on foot at wide, high-volume intersections.
Deaths caused by a provider's negligence, with their own notice rules.
Third-party responsibility beyond workers' compensation.
Hazards an owner knew about and failed to fix.
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
Under Utah Code 78B-3-105 and 78B-3-106, the claim belongs to the heirs: a surviving spouse, children, parents (including adoptive parents), stepchildren under 18 who were financially supported by or lived with the person who died, and other blood relatives when none of those survive. The personal representative of the estate can also bring the claim on the heirs' behalf.
A wrongful death claim belongs to the heirs and compensates them for their own losses, like lost support, companionship, and guidance. A survival action under Utah Code 78B-3-107 recovers what the person who died could have claimed had they lived, including medical bills, lost income, and pain and suffering before death. The two often move forward together.
Utah follows a modified comparative negligence rule, Utah Code 78B-5-818. If the person who died shared some fault, recovery is reduced by that share, and it is barred if their fault reaches 50 percent or more. Insurers often overstate fault in death cases because the person cannot tell their side.
Generally two years from the date of death under Utah Code 78B-2-304. A claim against a government entity requires a written notice of claim within one year, and deaths caused by medical errors follow separate rules. Because exceptions can apply, it is best to talk with an attorney early.
In rare cases. Under Utah Code 78B-8-201, punitive damages generally require clear and convincing evidence that the conduct was willful and malicious, intentionally fraudulent, or showed a knowing and reckless indifference toward the rights of others. They are meant to punish rather than compensate, and they are awarded only alongside compensatory damages.
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.