Losing a loved one is devastating, especially when their death could have been prevented. Unanswered questions, financial strain, and emotional exhaustion often accompany the pain of sudden loss. In Utah, if someone’s negligence or misconduct caused your family member’s death, you may be able to file a wrongful death claim to seek justice and financial recovery.
While no amount of money can bring your loved one back, holding the responsible party accountable can offer a sense of closure and support your family during this incredibly difficult time.
What Is a Wrongful Death Claim in Utah?
A wrongful death claim is a civil legal action brought by surviving family members when a person’s death is caused by another party’s negligent, reckless, or intentional behavior. These claims are separate from any criminal charges that may arise from the same incident.
Wrongful death cases can stem from a wide range of fatal incidents, including:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Pedestrian or bicycle collisions
- Workplace accidents
- Dangerous or defective products
- Premises liability (e.g., slips and falls, poor security)
- Nursing home neglect or abuse
In Utah, wrongful death claims are governed by Utah Code § 78B-3-106, which outlines who can file, the types of damages available, and the deadline for pursuing a claim.
Who Can File a Wrongful Death Claim in Utah?
Utah law allows certain family members and representatives of the deceased to file a wrongful death claim. These may include:
- The surviving spouse
- Adult children
- Parents (if the deceased had no spouse or children)
- Legal guardians
- The personal representative (executor) of the deceased’s estate
Only one claim can be filed, but it can include damages for multiple eligible parties. An experienced wrongful death attorney can help determine who has legal standing in your case and how to proceed.
Understanding the Statute of Limitations
In most cases, Utah law provides two years from the date of death to file a wrongful death lawsuit. If the claim involves a government agency (such as a fatal crash caused by a government vehicle), the time limit may be shorter (even as little as one year).
Missing the deadline means the court will likely dismiss your case, no matter how strong your evidence may be. A skilled attorney will keep track of all legal deadlines to protect your family’s right to pursue justice.
Why Legal Help Matters During a Time of Grief
We understand that taking legal action might be the last thing on your mind after losing someone you love. But the sooner you speak with a wrongful death lawyer, the more support and guidance you’ll receive as you navigate this painful journey.
Here’s how a wrongful death attorney can help:
- Investigate the circumstances of the death to determine fault and liability
- Collect and preserve crucial evidence, such as accident reports, medical records, witness statements, or surveillance footage
- Consult with experts, including medical professionals, economists, or accident reconstructionists
- Handle communications with insurance companies and opposing parties
- Calculate the full extent of your losses and advocate for a fair settlement
- Take your case to court if a trial becomes necessary
An attorney becomes your advocate, shielding you from legal stress and giving you the space to focus on healing.
Common Damages in Utah Wrongful Death Claims
Wrongful death claims in Utah can result in compensation for both economic and non-economic damages. These may include:
- Funeral and burial expenses
- Medical costs related to the deceased’s final illness or injury
- Loss of income and benefits that the deceased would have provided
- Loss of companionship, care, and support
- Emotional distress experienced by surviving family members
- Pain and suffering of the deceased (in survival actions, when appropriate)
Every family’s loss is unique. An experienced wrongful death lawyer will take the time to understand how the death has impacted your life in every single way and will fight to recover the compensation you deserve.
Wrongful Death in Utah by the Numbers
According to the Utah Department of Health, unintentional injury is the fourth leading cause of death in the state. Traffic crashes alone result in over 250 deaths annually in Utah, many of which involve distracted driving, speeding, or impaired drivers.
Medical errors are also a significant cause of wrongful death nationwide. A study published by Johns Hopkins estimated that medical mistakes may contribute to over 250,000 deaths per year in the United States.
These statistics are more than just numbers; they represent lives lost and families forever changed. A wrongful death claim gives grieving families a voice and holds negligent parties accountable.
Compassionate Legal Support When You Need It Most
We know that legal processes can feel overwhelming when you’re mourning a loved one. That’s why we offer compassionate, respectful guidance at every step.
At Flickinger Boulton Robson Weeks, we approach every wrongful death case with the care and attention it deserves. We listen to your story, explain your rights in clear terms, and work to secure the justice your family deserves.
Whether your loss was the result of a tragic car crash, a medical mistake, or an accident on dangerous property, we’re here to help you make sense of your legal options and take meaningful steps toward closure.
What Sets Our Team Apart
With decades of combined experience, our attorneys have handled many of Utah’s most complex and emotional personal injury and wrongful death cases. We are deeply familiar with Utah’s legal system, and we’re committed to representing families with compassion, professionalism, and strength.
Our team doesn’t just fight for compensation, we fight for accountability. We are proud to stand beside Utah families during some of their darkest moments and help them move toward a more secure future.
Schedule a Free Consultation Today
If you’ve lost someone you love due to someone else’s carelessness, you don’t have to face this alone. Let us help carry the legal burden so you can focus on what matters most: your family, your healing, and honoring your loved one’s memory.
Call Flickinger Boulton Robson Weeks today at 801-500-4000 to schedule your free consultation. We’re here to listen, guide, and support you every step of the way.
