Bereaved Rights

State wrongful death guide

Utah Wrongful Death Law Guide

Utah wrongful death actions may be filed by heirs or the estate, must typically be brought within two years, and allow compensation for financial loss and companionship.

Quick facts for Utah

  • Who can file: Utah allows the heirs of the deceased—typically the surviving spouse, children, parents, or others entitled to inherit—to bring a wrongful death action. The personal representative of the estate may also file.
  • Deadline to file: Most Utah wrongful death actions must be filed within two years of the date of death. Claims against governmental entities follow a shorter one-year notice requirement.
  • Key statute: Utah Code Ann. § 78B-3-106

Types of compensation families may pursue

  • Medical and funeral expenses
  • Loss of financial support and household services
  • Loss of companionship, care, and guidance
  • Decedent’s pain and suffering
  • Punitive damages in limited cases

Utah caps noneconomic damages in medical malpractice wrongful death cases but does not impose broad caps on all wrongful death claims. Punitive damages follow separate statutory limits.

Utah wrongful death law: a guide for grieving families

Utah’s wrongful death laws are designed to support families facing the emotional shock and financial disruption of losing someone unexpectedly. This guide provides a gentle, plain-English explanation of how the process works.

1. What is “wrongful death” in Utah?

A wrongful death occurs when someone’s wrongful act, neglect, or default causes a death, and the deceased could have sued if they had lived.

2. Who can file the lawsuit?

Eligible claimants include:

  • Surviving spouse
  • Surviving adult or minor children
  • Surviving parents
  • Other heirs entitled to inherit

The estate’s personal representative may also file.

3. What damages can be recovered?

Utah allows compensation for:

  • Medical and funeral expenses
  • Lost financial support
  • Lost household services
  • Loss of companionship, love, and guidance
  • Decedent’s pain and suffering
  • Punitive damages

4. Damage caps

  • Medical malpractice wrongful death cases have noneconomic damage caps
  • No universal cap applies to all wrongful death claims

5. Filing deadlines

  • Two years for most claims
  • One-year notice of claim for claims involving government entities

Disclaimer

This guide is informational only, not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in Utah? +

Most Utah wrongful death lawsuits must be filed within two years of the date of death. Claims involving government entities require a formal notice of claim within one year, making those deadlines significantly shorter. This answer is informational only and not legal advice.

What damages are available in a Utah wrongful death case? +

Utah allows wrongful death damages for medical bills, funeral expenses, loss of financial support, loss of companionship and guidance, and the decedent’s pain and suffering. Punitive damages may be awarded when the defendant’s conduct was willful or reckless. Utah caps noneconomic damages in medical malpractice wrongful death cases, but no general damages cap applies to all wrongful death claims. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Utah? +

Utah allows the surviving spouse, children, parents, or other heirs entitled to inherit to file a wrongful death lawsuit. The estate’s personal representative may also bring the action. Eligible heirs may bring the claim jointly. This answer is informational only and not legal advice.