Losing a loved one because of someone else’s actions is a devastating experience. In the aftermath, it’s critical to understand your legal rights and options. Schedule your free consultation today by calling 801-500-4000.
What Is a Wrongful Death in Utah?
Under Utah law, a “wrongful death” occurs when a person’s death is caused by the wrongful act, neglect, or default of another party. It’s the legal term used when someone dies as a result of another person’s negligence or misconduct, whether it’s a car accident, medical malpractice, workplace incident, or even a criminal act.
These are not just accidents. They’re preventable tragedies, and surviving family members have the right to pursue a claim for justice and compensation.
Common Causes of Wrongful Death in Utah
Unfortunately, fatal accidents happen every day, and many of them could have been avoided. In Utah, some of the most common causes of wrongful death include:
- Car and truck accidents involving negligent or impaired drivers
- Motorcycle crashes, often caused by drivers failing to yield
- Pedestrian accidents, particularly in urban areas like Salt Lake City
- Medical malpractice, including misdiagnosis or surgical errors
- Workplace accidents, especially in construction or industrial settings
- Defective products or unsafe consumer goods
- Criminal behavior, such as assault or DUI-related incidents
The sudden loss of a family member under any of these circumstances can leave families emotionally overwhelmed and unsure of where to turn.
Who Can File a Wrongful Death Lawsuit in Utah?
In Utah, the law specifies who has the legal standing to bring a wrongful death claim. Eligible parties may include:
- The spouse of the deceased
- Adult children
- The parents of a minor child who passed away
- The personal representative of the deceased’s estate
If none of these apply, the court may appoint a representative. Only one lawsuit may be filed on behalf of all potential beneficiaries, so it’s important for families to work together during this process.
What Damages Can Be Recovered in a Wrongful Death Case?
Although no amount of money can truly compensate for a life lost, wrongful death claims can help relieve the financial burden placed on surviving family members. In Utah, damages may include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final care
- Loss of income and financial support
- Loss of companionship, care, and guidance
- Pain and suffering experienced by survivors
- Emotional distress
- Loss of household services
These damages aim to account for both economic losses and the more personal, emotional impact of the loss.
Time Limits for Filing a Wrongful Death Claim in Utah
In Utah, wrongful death claims are subject to a statute of limitations. Generally, you have two years from the date of death to file a lawsuit. If the claim is against a government agency, the deadline may be much shorter.
Missing this window can result in losing the right to pursue legal action entirely. That’s why it’s critical to speak with a wrongful death attorney as soon as possible after a loss.
How Negligence Is Proven in Wrongful Death Cases
To succeed in a wrongful death claim, you must prove that the responsible party’s actions (or inaction) directly led to the death of your loved one. This involves establishing:
- Duty of care. The defendant had a legal responsibility to act with care (e.g., a driver following traffic laws).
- Breach of duty. They failed to meet that duty (e.g., running a red light).
- Causation. Their failure directly caused the fatal injury.
- Damages. The death resulted in measurable losses to surviving family members.
This legal process can be complex and emotionally exhausting. Having a skilled attorney handle the details allows families to focus on healing.
The Role of Insurance in Wrongful Death Claims
In many cases, compensation comes from the at-fault party’s insurance policy, whether it’s an auto, homeowner’s, or business policy. However, insurance companies are often more focused on minimizing payouts than helping grieving families.
They may:
- Dispute liability or claim shared fault
- Offer low settlement amounts early on
- Delay responses or deny valid claims
- Pressure you into signing away your rights
An experienced attorney knows how to push back against these tactics and fight for the full compensation your family deserves.
Support and Justice After a Loss
We know this may be the most painful chapter in your life. The emotional toll of losing a loved one suddenly and senselessly can’t be overstated. You may be dealing with grief, financial instability, and unanswered questions, all while trying to care for yourself and your family.
You don’t have to navigate this alone. Legal support can provide a path toward justice and financial relief, while also holding negligent parties accountable.
Call for Legal Guidance and Humane Accompanying
At Flickinger Boulton Robson Weeks, we understand the depth of your loss, and the importance of seeking justice in the wake of tragedy. Our wrongful death attorneys have decades of experience guiding Utah families through some of their most difficult moments. We’re here to listen, investigate, and fight on your behalf.
You only have a limited time to take action. Call 801-500-4000 to schedule your free consultation today. Let us help you find clarity, accountability, and the support your family needs to move forward.
