Losing a loved one to someone else's negligence is devastating. Utah law gives surviving family members the right to pursue a wrongful death claim, but the deadline is shorter than most injury cases — two years from the date of death.
A wrongful death claim is separate from any criminal case and is about financial accountability and the survivors' losses, not punishment.
Who can file a wrongful death claim in Utah
Utah law allows the heirs — typically the spouse, children, and in some cases parents — or the personal representative of the estate to bring the claim. Determining the proper party is a threshold legal question that should be resolved early.
Damages available to survivors
- Loss of financial support the deceased would have provided.
- Loss of companionship, guidance, and care.
- Funeral and burial expenses.
- Medical costs incurred before death.
- The survivors' grief, sorrow, and mental anguish.
The two-year wrongful death deadline (two years) is firm. Where a government entity is involved, the one-year notice rule may apply on top of it.
Wrongful death vs. survival actions
Utah recognizes both wrongful death claims (for the survivors' losses) and survival actions (for the claims the deceased could have brought, such as their pre-death pain). The two are often pursued together to capture the full scope of harm.
Injured in Utah? Injury Claim Team connects you with experienced personal injury attorneys across the state. Call 973-566-5599 for a free, confidential case review — available 24/7, no fee unless you win.