The loss of a loved one due to someone else’s negligence or misconduct is one of the most painful experiences a family can endure. While no amount of money can truly compensate for that loss, a wrongful death lawsuit offers a way to seek justice and secure financial relief for surviving family members.
One of the most common questions that arises in these cases is: What is the most you can sue for wrongful death? The answer varies depending on several factors, especially state laws, the circumstances of the case, and the extent of your losses.
In Utah, wrongful death claims are governed by specific statutes that set the framework for compensation. Understanding what is available, how damages are calculated, and whether there are any caps on recovery can help families make informed decisions during a difficult time.
Understanding Wrongful Death Lawsuits in Utah
A wrongful death claim can be filed when a person dies due to another party’s negligence, recklessness, or intentional harm. In Utah, these cases are civil actions brought by the deceased person’s heirs or a personal representative of the estate. Common causes include car accidents, medical malpractice, defective products, workplace incidents, and criminal acts.
Unlike criminal cases, which seek punishment for the offender, a wrongful death lawsuit focuses on compensating the surviving family members for their financial and emotional losses.
Who Can File a Wrongful Death Lawsuit in Utah?
Utah Code § 78B-3-106 outlines who is eligible to file a wrongful death claim. Typically, the following individuals may bring a claim:
- The surviving spouse
- Surviving adult children
- Surviving parents (if there are no children or spouse)
- Stepchildren who were financially dependent on the deceased
- A personal representative of the deceased’s estate
Only one wrongful death lawsuit can be filed, so eligible family members often join together in a single legal action. This unified approach ensures that all potential beneficiaries are included in the case, avoids conflicting claims, and allows for a more coordinated effort in pursuing justice and maximizing the overall compensation awarded.
Types of Damages You Can Sue for in a Utah Wrongful Death Case
The total compensation in a wrongful death case is based on the specific damages suffered by the surviving family members. These damages fall into two primary categories: economic and non-economic losses.
Economic Damages
These are quantifiable financial losses resulting from the death, which may include:
- Medical bills amassed before the death
- Funerary expenses
- Loss of earnings and benefits the deceased would have provided
- Loss of household services
Non-Economic Damages
These are subjective losses that do not have a specific dollar value but significantly impact the family:
- Pain and suffering of surviving family members
- Loss of love, emotional support, and companionship
- Loss of guidance and care for children or dependents
Is There a Cap on Wrongful Death Damages in Utah?
One of the most critical considerations in understanding how much you can sue for in a wrongful death case is whether the state imposes damage caps. In Utah, there is no overall cap on wrongful death damages in most cases. However, there are exceptions.
Medical Malpractice Wrongful Death Claims
If the wrongful death occurred due to medical malpractice, Utah law places a cap on non-economic damages. Under Utah Code § 78B-3-410, non-economic damages in medical malpractice claims are capped at $450,000 for causes of action arising after May 15, 2010
This cap does not apply to economic damages, meaning medical bills, funeral costs, and lost wages are fully recoverable based on actual losses.
Government Liability
If a wrongful death claim is brought against a government entity, the Utah Governmental Immunity Act may apply. This law limits the amount of compensation that can be recovered from government agencies. As of 2025, the cap is typically $2,657,700 per person and $3,986,500 per occurrence, but these numbers are periodically adjusted.
Factors That Influence the Total Compensation
There is no fixed amount that a family can sue for in a wrongful death case, even though some claims may reach into the millions. Several factors can influence the size of a settlement or jury award:
- Age and health of the deceased: Younger individuals with many working years left may lead to higher lost income calculations.
- Dependents left behind: A person who leaves behind children or a financially dependent spouse may result in greater damages.
- Occupation and income: A higher earning capacity increases the value of lost wages.
- Strength of the evidence: Clear liability, supported by strong evidence, can lead to more substantial compensation.
- Conduct of the defendant: In some cases, particularly egregious conduct may lead to punitive damages, which are damages intended to punish and deter future wrongdoing.
How Wrongful Death Compensation Is Distributed
In Utah, when compensation is awarded in a wrongful death case, it must be fairly distributed among the eligible heirs. If an agreement cannot be reached, the court will decide how to allocate the compensation based on each heir’s relationship to the deceased and their level of dependence.
A Quick Summary of Key Points:
- There is no overall cap on wrongful death damages in Utah, except for certain cases (e.g., medical malpractice or government liability).
- Both economic and non-economic damages may be pursued, including lost wages, medical expenses, pain and suffering, and loss of companionship.
- Punitive damages may apply in extreme cases but are rare.
- Compensation is shared among surviving family members, either by agreement or court order.
Why Legal Guidance Matters
Wrongful death cases are often complex, emotionally charged, and financially significant. While the law allows families to seek compensation, navigating the claims process requires a deep understanding of legal procedures, damage calculations, and state-specific statutes. Insurance companies and at-fault parties often aim to minimize payouts, especially in high-value cases.
Working with a seasoned Utah wrongful death lawyer ensures that your claim is properly evaluated, your rights are protected, and all available sources of compensation are pursued. From gathering evidence and negotiating settlements to taking the case to trial if necessary, legal counsel plays a crucial role in maximizing your recovery.
When to Contact a Utah Wrongful Death Lawyer
If you’ve lost a loved one due to someone else’s negligence, don’t wait to explore your legal options. There are strict deadlines, typically two years from the date of death, to file a wrongful death claim in Utah. The sooner you act, the better your chances of building a strong case with full access to evidence and witness testimony.
An experienced attorney can help clarify your rights, assess the potential value of your claim, and advocate for the justice your family deserves.
Contact Flickinger Boulton Robson Weeks Today
While there may not be a specific upper limit on what you can sue for in a wrongful death case, navigating Utah’s laws requires legal skill and compassionate guidance.
If you’re ready to take the next step, contact Flickinger Boulton Robson Weeks at (801) 500-4000 for a free consultation. A knowledgeable Utah wrongful death lawyer from our team can help you pursue the full and fair wrongful death compensation your family needs to begin healing and move forward.
