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Time matters in wrongful death cases. Acting fast can secure justice and financial stability for your family. Call Flickinger Boulton Robson Weeks today at (801) 500-4000 to speak with a trusted Utah wrongful death lawyer.
Losing a family member due to someone else’s negligence is devastating. Since 1993, we’ve helped over 300 Utah families navigate grief, mounting bills, and complex legal questions. Our proven approach delivers:
Answers about what truly happened
Financial relief for immediate and future needs
Accountability for responsible parties
✓ Car/Truck Accidents (I-15, Bangerter Highway hotspots)
✓ Medical Malpractice (Wasatch Front hospitals)
✓ Workplace Incidents (Utah construction sites)
✓ Defective Products
While nothing restores your loved one, a wrongful death claim can:
Cover living expenses and medical/funeral costs
Replace lost lifetime earnings
Hold corporations and individuals accountable
𝗟𝗼𝗰𝗮𝗹 𝗘𝘅𝗽𝗲𝗿𝘁𝗶𝘀𝗲: Serving Utahns for 33 years
𝗣𝗿𝗼𝘃𝗲𝗻 𝗥𝗲𝘀𝘂𝗹𝘁𝘀: $100M+ recovered for clients
𝗡𝗼 𝗙𝗲𝗲𝘀 𝗨𝗻𝗹𝗲𝘀𝘀 𝗪𝗲 𝗪𝗶𝗻
Updated per current Utah Code
A wrongful death occurs when negligence or intentional harm causes fatal injury. Utah allows surviving families to seek compensation through civil action.
Under Utah law, a wrongful death occurs when an individual’s death results from the wrongful act, neglect, or default of another person or entity. This legal framework allows the deceased’s heirs or personal representatives to file a lawsuit seeking damages for their loss.
Critical Deadlines Under Utah Law
⏰ Standard Cases: 2 years from date of death
⏰ Government Claims: 1 year (UDOT, city vehicles, public facilities)
Exception: Minors have until 4 years after turning 18 (age 22) to file (Utah Code § 78B-2-108).
According to the latest Utah Department of Health data, unintentional injuries remain a leading cause of death in the state, with primary causes including poisoning, falls, motor vehicle crashes, suffocation, and drowning.
Navigating a wrongful death claim in Utah requires a comprehensive understanding of state laws and adherence to specific legal procedures. Eligible family members must act within the designated timeframes to seek justice and compensation for their profound loss.
Consulting with a knowledgeable wrongful death lawyer in Utah can provide invaluable guidance during this challenging time.
Under Utah Code Section 78B-3-106, a wrongful death is defined as a death resulting from the wrongful act or neglect of another person or entity. This statute allows the deceased person’s heirs or personal representatives to file a lawsuit seeking damages against those responsible for the death.
The death must have been caused by another’s wrongful act or neglect. This encompasses actions ranging from negligence-based incidents (such as car accidents or medical errors) to intentional acts (including crimes or assault). The key requirement is establishing that the death resulted from conduct that would have entitled the deceased to file an injury claim had they survived.
The statute specifies that wrongful death claims can be initiated solely by:
The deceased’s surviving spouse
Children (including adoptive children)
Parents (including adoptive parents, particularly if the deceased was a minor)
Personal representatives of the estate
Heirs must demonstrate their legal relationship to the deceased. Stepchildren or dependents may qualify only if they can prove financial dependence on the deceased.
Plaintiffs must prove the defendant’s wrongful act directly caused the fatal injury. This requires establishing:
The defendant owed a duty of care to the deceased
That duty was breached through action or inaction
The breach directly resulted in the fatal injury
The death would not have occurred “but for” the defendant’s conduct
Compensation requires proof of tangible losses, including:
Economic damages (medical expenses, funeral costs, lost financial support)
Non-economic damages (loss of companionship, emotional suffering)
Punitive damages in cases of willful misconduct
All elements must be presented within Utah’s strict deadlines:
Two years from date of death for standard claims
One year for cases involving government entities
Exceptions apply only in rare circumstances (e.g., delayed discovery)
This framework ensures only valid claims proceed while protecting families’ rights to seek justice. Missing any element can jeopardize a case, making early consultation with a Utah wrongful death attorney critical.
When someone’s carelessness or harmful actions cause death in Utah, families may have a wrongful death claim. Our Utah wrongful death attorneys regularly handle these cases:
When a loved one dies because of someone else’s carelessness or wrongdoing, family members may seek justice through a wrongful death claim.
Utah law clearly explains who can legally file this claim and how money can be recovered. Understanding these rules is important for families seeking financial help and accountability for their loss.
If you’re unsure whether you qualify to file a claim, a Utah wrongful death lawyer can review your situation and guide you through the legal process.
Utah law states these people can file a wrongful death lawsuit:
The legal husband or wife has the first right to file. This includes legally married partners but leaves out unmarried partners unless a court officially recognizes the relationship.
Biologically and legally adopted children can file. Stepchildren don’t have automatic rights unless they can prove financial dependence on the deceased (Utah Code § 78B-3-105(2)(b)).
If the person who died wasn’t married and had no children, biological or adoptive parents may file. Parents can also seek money if their minor child died from wrongful death.
Utah law allows blood relatives who would inherit under Utah’s inheritance laws to file. Siblings may file only if there is no surviving spouse, children, OR parents (§ 78B-3-105(2)(d)).
A court-appointed estate manager can file a wrongful death lawsuit for the deceased’s estate. This person then distributes any money recovered to eligible family members.
While Utah law focuses on biological and adoptive families, stepchildren or dependents might qualify if they relied on the deceased for financial support. Courts may look at the dependent’s age when the death happened, whether they needed the deceased for money or care, and whether legal adoption or guardianship was involved.
Utah law allows multiple eligible family members to be involved in a wrongful death claim. However, disputes can arise when more than one party wishes to act as the lead plaintiff. Courts may resolve conflicts by determining which party has the strongest legal and financial interest in the case.
In Utah, wrongful death claims must be filed within two years of the date of death. However, if the claim is against a government entity, the statute of limitations is only one year. Missing these deadlines can prevent family members from recovering compensation.
When a wrongful death lawsuit is successful, the awarded compensation is typically divided among eligible heirs based on Utah’s intestate succession laws or a pre-existing estate plan. The settlement may cover:
Medical bills and funeral costs
Lost income (wages the person would have earned)
Pain and suffering of the surviving family
Loss of companionship and emotional support
Wrongful death claims in Utah give families a way to seek justice and financial help after a tragedy. While spouses, children, parents, and other relatives usually have the right to file, legal issues can come u, especially with multiple family members involved.
Consult a Utah wrongful death lawyer to make sure your claim is handled right and your family gets the money it deserves.
A wrongful death claim happens when someone dies because of another person’s carelessness, dangerous behavior, or intentional harm. Families can take legal action to get money and hold the responsible party accountable. While these deaths happen in many ways, some common causes include
Car, truck, motorcycle, bike, and pedestrian crashes are the top causes. Fatal accidents often happen because of
Speeding
Drunk or drugged driving
Distracted driving (texting, phone use)
Running red lights or stop signs
Truck accidents are especially deadly due to their size.
Medical mistakes that cause death include
Missed or delayed diagnosis (like cancer or infections)
Surgical errors (wrong body part operated on)
Medication mistakes (wrong drug or dose)
Birth injuries harming mother or baby
Deadly work injuries often occur in construction or manufacturing due to
Falls from heights (scaffolds, roofs)
Exposure to toxic chemicals
Broken equipment
Poor safety training
Dangerous products causing death include
Faulty vehicles (brake failures, bad tires)
Unsafe medications
Flawed appliances or toys (fire/electrocution risks)
Property owners must keep areas safe. Deadly accidents include:
Slip and falls from poor maintenance
Pool drownings (no fences/lifeguards)
Fires from faulty wiring
Elderly deaths from:
Lack of food/water
Ignored infections or medical needs
Physical abuse
Wrongful death claims can also stem from intentional acts of violence or misconduct. Unlike criminal charges, which seek to punish offenders, wrongful death lawsuits focus on financial compensation for surviving family members. Common examples include
Wrongful death claims arise from a variety of tragic incidents, ranging from vehicle crashes to workplace accidents and criminal acts. While no amount of compensation can replace a lost loved one, pursuing a wrongful death claim can provide financial relief and hold negligent parties accountable.
If you believe your loved one’s death resulted from another’s negligence or wrongdoing, consulting an experienced Utah wrongful death lawyer can help you understand your legal options and fight for justice.
When a loved one’s death results from another party’s negligence or wrongful act, surviving family members may have the right to file a wrongful death claim. However, Utah law imposes strict deadlines, known as the statute of limitations, that determine how long families have to pursue legal action.
Failing to file within these timeframes may result in losing the right to seek compensation. Contacting a Utah wrongful death attorney as soon as possible ensures your case is filed on time.
Under Utah Code § 78B-2-304, the statute of limitations for wrongful death claims is generally two years from the date of death. This means that surviving family members or the personal representative of the deceased’s estate must file a lawsuit within this timeframe.
If the wrongful death resulted from medical malpractice, the deadline remains two years from the date of death. Still, additional legal requirements apply, such as filing a notice of intent before initiating a lawsuit.
Different rules apply if a wrongful death claim is being filed against a government agency or employee. Under Utah’s Governmental Immunity Act, claimants must
These strict requirements mean that families must act quickly if their loved one’s death involves a public entity, such as a city vehicle accident or a fatal injury at a state-owned facility.
In some cases, Utah law allows the statute of limitations to be extended (tolled) under specific circumstances. These exceptions include
However, these exceptions are rare, and most wrongful death claims must be filed within the standard two-year window.
If the statute of limitations expires before a wrongful death lawsuit is filed, courts will likely dismiss the case, preventing the family from recovering compensation. Insurance companies and defense attorneys know these deadlines and may refuse to negotiate once the time has passed.
To protect their rights, families should:
Utah’s statute of limitations for wrongful death cases is generally two years, with a one-year deadline for government-related claims. Because these deadlines are strictly enforced, acting quickly is crucial. Seeking legal guidance early can help ensure that families retain their right to seek justice and compensation for their loss.
The financial compensation available in Utah wrongful death cases varies based on the circumstances, but may include
In limited cases, punitive damages may be awarded only when the responsible party’s conduct was willful and malicious (Peck v. State).
For guidance, consult a Wrongful Death Lawyer Utah to understand how these damages might apply to your case.
Losing a loved one to someone else’s negligence is devastating. While money can’t replace your loss, compensation helps ease the burden of medical bills, lost income, and emotional pain. Utah wrongful death attorneys help families recover:
Tangible expenses and future financial needs
Final medical bills: Emergency care, hospital stays, and related costs
Funeral/burial expenses: Costs to honor your loved one
Lost income & benefits: Wages, retirement funds, and support they’d have provided
Lost inheritance: Assets they’d have built for your family’s future
Why this matters: When the deceased was the main provider, this compensation prevents financial crisis for surviving families.
Compensation for invisible but profound losses
Loss of love & companionship: The emotional void for spouses/children
Loss of guidance: Parental support lost by children
Mental anguish: Depression, PTSD, or trauma from the loss
Key insight: These damages recognize how your family’s life was changed – not just financial impacts.
When recklessness or intentional harm caused the death
We fight for these damages to:
Punish dangerous behavior (like drunk driving or deadly medical errors)
Deter future harm to others
Example cases:
Drunk driving fatalities
Medical malpractice with willful neglect
Violent crimes or assault
Utah Law note: Courts award punitive damages only with clear proof of extreme misconduct.
Money from a Utah wrongful death settlement typically goes to the deceased’s closest family, like a spouse, children, or parents. If multiple relatives are eligible, a Utah court decides how to split the money fairly, following state rules about inheritance when there’s no will.
This compensation helps families cover crushing costs like medical bills, lost income, and the heavy emotional toll. While every loss is different, an experienced Utah wrongful death attorney fights to make sure your family gets every dollar you’re owed.
Losing someone because another person was careless or did something wrong is heartbreaking. Families face overwhelming grief, money worries, and confusing legal questions. At Flickinger Boulton Robson Weeks, we guide you through this nightmare with compassion, deep legal skill, and a fierce commitment to getting justice.
If negligence took your loved one, call a Utah wrongful death lawyer today for a free consultation. Let us fight for the justice and financial security your family needs to heal.
We handle every legal step so you can focus on your family.
Winning your case starts with uncovering the truth. Our Utah wrongful death attorneys dig deep to gather evidence proving who’s responsible and what your family is owed. We:
Secure critical records: police reports, medical files, and autopsy results showing how the death happened.
Talk to key witnesses: people who saw what occurred and can back up your claim.
Find video proof: surveillance or dashcam footage to show how the incident unfolded.
Work with top experts: Accident investigators, doctors, and financial specialists to prove fault and calculate your losses.
We build an undeniable case to hold the responsible party fully accountable.
Insurers often lowball offers or deny valid claims. We take them head-on so you get treated fairly. Our Utah wrongful death lawyers:
Handle all insurer talks: We shut down bad-faith tactics so you don’t get pressured.
Find every dollar available: We review all insurance policies to identify every source of compensation.
Negotiate aggressively: We push relentlessly to get your family the maximum settlement possible.
If the insurance company won’t play fair, we take them to court – no hesitation.
A wrongful death claim aims to ease the financial pain of your loss. We calculate every impact – from hospital bills and lost paychecks to your family’s deep emotional suffering. Our Utah wrongful death lawyers fight to maximize your recovery by securing:
Final medical bills: Costs from your loved one’s last injury or illness.
Funeral & burial costs: Expenses for laying your loved one to rest.
Lost income & benefits: The financial support they would have provided for years.
Pain, suffering & loss: Compensation for your family’s grief and life-altering loss.
If extreme recklessness or intentional harm caused the death, we also pursue punitive damages. This punishes the wrongdoer and helps prevent future tragedies.
Compassionate Legal Support When You Need It Most
We know a wrongful death claim isn’t just a legal case – it’s about your profound loss. Our Utah wrongful death lawyers walk alongside your family with:
Personal, one-on-one time: We listen deeply to understand your unique story and loss.
Clear, regular updates: You’ll always know where your case stands – no legal jargon, just straight talk.
True care & understanding: We handle your case with the compassion and respect your family deserves while grieving.
While many wrongful death cases settle out of court, some require a trial to get fair justice. Our seasoned Utah trial attorneys are ready to fight aggressively in court. We build and present a powerful case using:
Strong expert testimony to clearly show who was at fault and why.
Evidence-backed arguments proving the full impact of your loss and damages.
Strategic legal advocacy to fight for every dollar of compensation your family deserves.
Yes, if the individual responsible for the wrongful death passes away during the legal proceedings, the claim does not become void. Instead, the legal action can continue against the deceased defendant’s estate.
Personal representatives of both the decedent and the defendant may proceed with the case on behalf of their respective estates. This ensures that the victims’ families are not deprived of potential compensation due to the defendant’s death.
When multiple heirs are entitled to compensation from a wrongful death settlement, the distribution can occur through:
It’s essential to consult with an attorney to ensure that the distribution aligns with Utah’s legal guidelines and the specific circumstances of the case.
The public accessibility of wrongful death settlements depends on how the case is resolved:
Discussing confidentiality options with legal counsel can help determine the best approach based on individual preferences and legal considerations.
Yes, a wrongful death claim can still be filed even if the deceased was unemployed. Non-economic contributions, such as homemaking, childcare, and emotional support, are valuable and recognized in wrongful death claims. Compensation may cover:
These aspects underscore the significance of the deceased’s role beyond financial earnings.
It’s advisable to consult a wrongful death attorney as soon as possible after the incident. Prompt legal guidance ensures:
Early engagement with legal counsel facilitates a thorough investigation and strengthens the foundation of the wrongful death claim.
If the individual responsible for the wrongful death dies during the legal proceedings, the claim survives. Personal representatives of either the wrongdoer or the victims may continue the case between estates. This ensures that the victims of a wrongful death are not deprived of compensation by the death of the at-fault party.
No, wrongful death laws vary by state, including statutes of limitations, definitions of eligible heirs, and types of recoverable damages. It’s crucial to consult with a local attorney familiar with Utah’s specific wrongful death statutes to navigate the legal process effectively.
Understanding these nuanced aspects of wrongful death claims in Utah can provide clarity and assist families in making informed decisions during challenging times. Consulting with experienced legal professionals is essential to navigate the complexities of each unique case.
Compassionate Guidance. Proven Skill.
Losing a loved one because someone else was careless is devastating. No family should have to fight this legal battle alone while grieving. At Flickinger Boulton Robson Weeks, our experienced wrongful death lawyer Utah stands by your family. We help you seek justice and the compensation you deserve. Our compassionate team guides you through every step, protecting your rights and holding those responsible accountable. Let our Utah wrongful death lawyers help you find closure and the financial support you need. Call us today at (801) 500-4000 for a free consultation. Take the first step toward justice.
PARTNER
Since 1998, Mark has dedicated his energy to representing injured victims throughout Utah. Admitted to practice in Utah and U.S. District courts, he has helped many injured clients collect the compensation they deserve. Mark has served on the Board of Governors for the Utah Association for Justice since 2005. He frequently lectures on topics pertaining to personal injury litigation.
PARTNER
Brett joined our firm in 2006. At Flickinger Boulton Robson Weeks, Brett handles all types of personal injury cases. He is known for the aggressive pursuit of claims on behalf of accident victims, yet his clients know him to be compassionate and accessible. Brett is bilingual, conversing fluently with clients who prefer to speak Spanish.
PARTNER
Kevin has extensive litigation, trial, and appellate experience. Kevin believes in applying hard work and creative litigation strategies to obtain optimal outcomes for clients who are up against large institutional insurance companies and wealthy Defendants. Kevin also believes in putting the client first and seeks to provide the kind of service and communication that involves the client every step of the way towards a winning settlement.
PARTNER
Before discovering his love of the law, Zebulun “Zeb” Weeks spent many years working as a professor, teaching for Brigham Young University, BYU Idaho, and BYU Hawaii. His academic past provides him with a deep understanding of and respect for the law. Personal injury law is a chance to do what he really loves: help people. Fluent in Spanish, Zeb is dedicated to working hard to get the best possible outcomes for his clients.
ATTORNEY
Daniel is a successful trial lawyer. He has performed various trials, both bench and jury trials, and has appeared before appellate, trial and administrative judges and in federal, state and territorial courts.
During his time overseas, he defended the U.S. Territory against a variety of civil claims and appeared regularly before the High Court of American Samoa.
ATTORNEY
ATTORNEY
Sierra is experienced in a variety of areas and joined our firm to specialize in legal research and drafting. She gained a love for the law and for a cleverly-constructed argument during her time in law school, working as an attorney, and clerking in federal court. Sierra is committed to helping clients obtain justice and the best possible outcomes for the harms they have suffered. She enjoys and uses the power of careful, thorough research and well-written legal arguments to achieve results.
If you were injured or wronged, you may worry about the cost of hiring an attorney to represent you. At Flickinger • Boulton • Robson • Weeks, we understand your concerns, which is why there are NO UP-FRONT COSTS for hiring us.
Personalized Representation
When you are injured or harmed, you need someone to advocate on your behalf and ensure you are treated fairly.
Our team works closely with our clients to maximize their outcomes. We don’t pass our clients off to paralegals or assistants. If you hire one of our attorneys, you will have direct access to them throughout your case.
While many of our cases settle out of court, we are more than willing to go to trial to ensure you get the compensation you deserve. Our goal is to find the legal solution most suited to your needs and preferences.
Located on North University Avenue, our Provo office provides a family-friendly environment near Riverside Country Club.
Easily accessible on Temple Drive, our South Jordan law office is conveniently established in the Salt Lake City area.