All Laws Decoded

Wrongful Death Lawsuits in Utah

Who can bring a wrongful death claim in Utah, the deadline to file, and any limits on damages.

Short answer: The person's heirs, or the personal representative for the benefit of the heirs, may bring the action. Utah Code § 78B-3-106

Who can sue for wrongful deathThe person's heirs, or the personal representative for the benefit of the heirs, may bring the action. If an adult who died had a guardian, the personal representative or the guardian may bring it for the heirs, and only one action is allowed. Damages are those that are just under all the circumstances. Deaths covered by workers' compensation follow that law instead.
Wrongful death deadlineTwo years for recovery of damages for a death caused by the wrongful act or neglect of another.
Damage capsNo general cap on damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical malpractice cases and to judgments against government entities.

More Utah personal injury & wrongful death

FAQ

Who can file a wrongful death lawsuit in Utah?
The person's heirs, or the personal representative for the benefit of the heirs, may bring the action. If an adult who died had a guardian, the personal representative or the guardian may bring it for the heirs, and only one action is allowed. Damages are those that are just under all the circumstances. Deaths covered by workers' compensation follow that law instead.
How long do you have to file a wrongful death lawsuit in Utah?
Two years for recovery of damages for a death caused by the wrongful act or neglect of another.
Does Utah cap damages in personal injury cases?
No general cap on damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical malpractice cases and to judgments against government entities.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.