Wrongful Death Laws in Utah
Call (888) 314-6671 to Speak with a Personal Injury Lawyer for Free
A death of a loved one is a tragedy, especially if the death was a result of another party’s negligence or misconduct.
Though no amount of compensation can bring back your loved one, we at Zinda Law Group wish to help you seek damages in the event of a wrongful death.
What Is a Wrongful Death Lawsuit in Utah?
In Utah, a wrongful death is a death caused by another person’s wrongful act or neglect. A wrongful death lawsuit is available if the deceased person could have filed a personal injury claim if he or she had survived. However, because the deceased person cannot file a lawsuit, another person must file in his or her place.
Who May File a Wrongful Death Claim in Utah?
Only heirs of the deceased or a personal representative of the deceased person’s estate may file a wrongful death claim. If the deceased had a will, he or she may have appointed a personal representative in that will. If the deceased had no will, a court may appoint a personal representative to manage the deceased’s estate.
In Utah, the court presumes that an heir will take on the role of a personal representative. An heir may be one of the following:
• surviving spouse
• surviving children
• surviving parent
• surviving stepchildren (if minor and dependent of the deceased)
• blood relative as listed in Utah’s inheritance laws.
What Damages Are Available in a Utah Wrongful Death Claim?
Two general categories of damages are available in a wrongful death claim:
1. Damages suffered by family members
2. Damages suffered by the deceased’s estate.
However, punitive damages may also be available if the deceased’s death was a result of intentional or reckless conduct of another party.
The first category includes monetary compensation for;
• loss of companionship and the like;
• the value of financial support family members would have received if the deceased was still alive, and;
• the value of household services the deceased would have contributed if he or she was still alive.
The second category includes monetary compensation for;
• the medical expenses related to the deceased’s death, and;
• funeral and burial expenses, and (3) lost wages and benefits.
How Long Do I Have to File a Wrongful Death Claim in Utah?
Utah’s statute of limitations states that a wrongful death claim must be filed within two years of the deceased person’s death. However, if the wrongful death claim is filed against a government entity, it must be filed within one year of the deceased person’s death.
At Zinda Law Group, our personal injury attorneys are highly experienced in dealing with wrongful death claims nationwide. We have the knowledge and resources to help you build the strongest case possible and seek the maximum amount of damages.
We at Zinda Law Group sympathize with our clients who have lost loved ones due to the wrongful acts or neglect of another. No amount of compensation can bring back your loved one, but you can be sure that Zinda Law Group will help you seek the maximum amount of damages from your wrongful death claim.
If you or your loved one seeks to file a wrongful death claim, call Zinda Law Group at (888) 314-6671 for a free consultation with one of our personal injury lawyers.
Meetings with attorneys are available by appointment only.