Statewide Utah Representation
Utah Wrongful Death LawyersWhen Someone Else's Negligence Takes a Life, Your Family Still Has Rights.
No family should have to learn the law while grieving, and you don't have to. We offer a free, confidential consultation, and there is no fee unless we recover compensation for your family.
What Families Should Know
Three Things Utah Families Are Rarely Told
None of this needs to be decided today. It helps to know it exists.
There May Be Two Claims
Utah law allows a wrongful death claim for the family's own losses, and a separate survival action for what your loved one endured before death. Many families only ever hear about the first.
The Window Is Shorter
Most Utah injury claims allow four years. A wrongful death claim generally allows two, and a claim involving a government entity requires written notice within one year.
Early Offers Can Close Doors
Utah allows some smaller insurance claims to be resolved by affidavit 45 days after a death, on behalf of every heir. It is worth knowing exactly what a release covers before anyone signs it.
What Counts
What Is a Wrongful Death Under Utah Law?
Utah Code § 78B-3-106 covers any death “caused by the wrongful act or neglect of another.” It is a civil claim that belongs to the family, separate from any criminal case. These are the situations we see most often.
Car & Truck Crashes
Passenger vehicle and commercial truck collisions, where a trucking company and its insurer are often involved from the first hour.
Motorcycle Crashes
Riders are among the most exposed people on Utah roads, and among the most unfairly blamed.
Pedestrian & Bicycle Deaths
A driver's duty of care to people on foot and on bikes does not disappear because of where they were.
Drowning & Boating
Operator negligence and unsafe conditions on Utah's lakes and reservoirs.
Workplace Incidents
Deaths on the job where a contractor, equipment maker, or other third party shares responsibility.
Medical Errors
Deaths caused by a provider's negligence, which follow their own notice and review rules.
Unsafe Property & Dog Attacks
Hazards an owner knew about or should have, including fatal dog attacks.
Defective Products
Vehicle parts, equipment, and consumer products that failed in ways they never should have.
Criminal Acts
A family's civil claim is separate from any prosecution and follows its own standard of proof.
Who Can File
Who Can Bring a Wrongful Death Claim in Utah
The law is specific about who the claim belongs to, and it is more generous than many families assume.
Utah Code § 78B-3-106 allows the decedent's heirs, or the personal representative of the estate for the heirs' benefit, to bring the action. Section 78B-3-105 defines who counts as an heir:
- A surviving spouse
- Children
- Natural parents, or adoptive parents if the decedent was adopted
- Stepchildren under 18 who were financially supported by the decedent, or lived with them at least part-time
- Other blood relatives under the law of intestate succession, but only if no spouse, child, or parent survives
The personal representative Option
The personal representative of the estate, often named in a will, can bring the claim on behalf of all the heirs.
Deciding who files Normal
Families often need help deciding who should bring the claim and how it will be handled. That is a normal part of a first consultation, and something we work through with you.
Deaths at work Exception
The statute carves out the Workers' Compensation Act, which usually limits a claim against the employer. A contractor, equipment maker, or driver may still be responsible.
Utah Law
The Utah Laws Behind a Wrongful Death Claim
Six provisions shape nearly every wrongful death case in Utah.
Who can sue. When a death is caused by the wrongful act or neglect of another, the heirs, or the personal representative for their benefit, may bring the action. It reaches the employer responsible for that person's conduct, too.
Heirs. Spouse, children, parents, and certain stepchildren under 18. Other blood relatives qualify only if none of the spouse, children, or parents survive.
Two years. An action for a death caused by the wrongful act or neglect of another must be brought within two years.
Survival action. Your loved one's own injury claim does not end with their death. The personal representative or heirs can pursue it.
Damages protected. Utah's Constitution says the right to recover for a death “shall never be abrogated,” and the amount is not subject to statutory limitation, except where compensation is otherwise provided by law.
Government claims. Before suing a governmental entity, a family must file a written notice of claim, within one year after the claim arises (§ 63G-7-402).
Two Claims, Not One
The Wrongful Death Claim and the Survival Action
Most families don't know Utah law can allow two separate claims after a death. They pay for different losses, and often move forward together.
The wrongful death claim The family's losses
Brought under § 78B-3-106 by the heirs, or by the personal representative for their benefit. It compensates the family for what they have lost: financial support, household services, and the companionship, care, and guidance of the person who died.
Who it belongs to Heirs
The heirs defined in § 78B-3-105: the people closest to your loved one.
The survival action Your loved one's losses
Under § 78B-3-107, an injury claim does not end when the injured person dies. The personal representative or heirs can recover what your loved one suffered before death, including medical bills, lost income, and pain and suffering.
Why it matters Often missed
When both claims exist, pursuing only one leaves part of the family's recovery unclaimed. Sorting out which losses belong to which claim is one of the first things we do.
Damages
What a Utah Wrongful Death Claim Can Recover
Utah law allows damages that are “just” under all the circumstances of the case (§ 78B-3-106(4)). Every family's losses are different, and no honest lawyer can put a number on them before learning your family's story.
Financial Losses
The financial support and benefits your loved one would have provided, the value of household services, medical bills before death, and funeral and burial costs.
Personal Losses
The loss of love, companionship, care, comfort, and guidance. For many families, this is the heart of the claim.
Punitive Damages
Reserved for the most serious conduct, such as willful or knowingly reckless behavior, and generally requiring clear and convincing evidence.
Utah's Constitution, Article XVI, Section 5, protects the right to recover damages for a death from statutory limits in most cases. Claims against government entities are an important exception, which is one more reason to identify every responsible party early.
Deadlines
How Long Your Family Has to Act
The single most important fact on this page: a Utah wrongful death claim generally has two years, not four.
| Situation | Deadline | Utah law |
|---|---|---|
| Most wrongful death claims | A lawsuit must be filed within 2 years of the date of death. | § 78B-2-304 |
| A government entity is responsible | A written notice of claim must be filed within 1 year after the claim arises, before any lawsuit. | §§ 63G-7-401, 402 |
| A medical error caused the death | Within 2 years of when the injury was discovered, or should have been, and never more than 4 years after the act. A 90-day notice of intent comes first, and a prelitigation panel review must be requested within 60 days of that notice. | §§ 78B-3-404, 412, 416 |
These deadlines are short, and evidence fades faster. Talking with us early protects your options.
The First Weeks
What Helps in the Weeks After a Loss
There is no right way to grieve. If and when you are able, these steps protect your family's options.
Take Care of Your Family
Nothing matters more. The legal work can be carried by someone else.
Keep Every Document
Bills, funeral receipts, police and medical records, and every letter from an insurer.
Decline Recorded Statements
Insurers may call early. You can politely say you will respond after speaking with a lawyer.
Don't Sign a Release
Not before someone on your side has read it. See the section below.
Talk With Us Early
Free and confidential. Two years passes quickly, and evidence fades sooner.
Before You Sign Anything
When an Insurer Offers to Settle Quickly
Utah law allows some claims to be resolved fast. That can help a family, or it can close a claim before anyone knows what it was worth.
Under Utah Code § 78B-3-106.5, 45 days after a death a close family member called the presumptive personal representative can present a notarized affidavit to an insurer and resolve:
- Liability and uninsured motorist claims with policy limits up to $25,000
- Underinsured motorist claims with policy limits up to $10,000
- The release of liability that goes with them
The presumptive personal representative is the spouse, then an adult child, then a parent, in each case only if that person is not alleged to have contributed to the death. The settlement is made on behalf of every heir, not only the person who signs. If any heir is a minor, no more than half of the money can be distributed until a court approves the settlement and appoints a conservator.
Talk with us before signing Important
An early offer may be exactly what the policy allows, or far less than your family's claim is worth. We can tell you which, at no cost.
Read the release itself Practical
The statute preserves claims against other responsible parties insured under different policies. A release drafted by an insurer can still be written more broadly than the law requires, so its wording matters.
Every heir gets notice Family
Before an affidavit claim is resolved, notice must be sent to the last-known address of every heir. If a letter like that arrives, it's worth a call.
Accountability
Who Can Be Held Responsible for a Wrongful Death
Many deaths involve more than one responsible party, each with separate insurance. In a workplace death, that often means looking beyond the employer to contractors and equipment makers.
At-Fault Drivers & Employers
§ 78B-3-106 expressly reaches an employer responsible for the person's conduct.
Trucking Companies
Carriers, brokers, and maintenance contractors, each with their own coverage.
Property Owners
Owners and managers who left a known hazard in place.
Product Manufacturers
Designers, makers, and sellers of a defective part, device, or product.
Medical Providers & Facilities
Doctors, hospitals, and care facilities, under Utah's Health Care Malpractice Act.
Government Entities
Unsafe road design or maintenance, and public employees. Written notice is due within one year.
Not sure who is responsible? We'll look into it with you, free →
Local Help
Wrongful Death Lawyers Near You
Statewide representation, with attorneys who know your community and your courts.
You Don't Have to Carry This Alone
Talk with us confidentially about what happened. We'll explain your family's rights and the deadlines that apply, and there's no cost to ask.
Talk With Us Confidentially
Kurt London
This page was written and reviewed by Kurt London of London Harker Injury Law. Kurt represents Utah families in wrongful death and catastrophic injury cases statewide, and understands that these are the hardest cases a family will ever bring. Read Kurt's full bio →
Common Questions
Utah Wrongful Death FAQ
Who can file a wrongful death claim in Utah?
How long does our family have to file?
What's the difference between a wrongful death claim and a survival action?
Is there a cap on wrongful death damages in Utah?
What if our loved one was partly at fault?
An insurance company offered to settle soon after the death. Should we accept?
Can we bring a claim if the death happened at work?
What does it cost to hire London Harker?
Keep Reading
Utah Wrongful Death Resources
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