Who Can File a Wrongful Death Claim in Utah?

Our Salt Lake City personal injury lawyers at Waddoups Law Personal Injury Attorneys understand that wrongful deaths are devastating to families because they involve the sudden and unexpected loss of a loved one due to another party’s negligence or intentional harm, compounding the grief with feelings of injustice and anger.

This sudden loss disrupts the emotional, financial, and social fabric of the family, leaving a void that cannot be quickly filled. The emotional trauma is often exacerbated by the financial strain of losing a primary breadwinner or caretaker, leading to worries about future stability and security.

The profound and multifaceted impact of a wrongful death profoundly affects every aspect of a family’s life, making the grieving and healing process particularly challenging.

In Utah, the right to file a wrongful death claim is governed by specific statutes that designate who is eligible to bring such a claim. Our Salt Lake County wrongful death attorneys are here to help these individuals and families seek justice for the loss of their loved one that could have been prevented.

Who Is Eligible to File a Wrongful Death Claim in Utah?

Understanding who can file a Utah wrongful death claim and the associated legal requirements is crucial for ensuring that the rights of the deceased’s survivors are protected and that they receive the compensation they deserve.

The individuals who can file a wrongful death claim in Utah include:

• Surviving Spouse: The legal spouse of the deceased has the primary right to file a wrongful death claim.
• Surviving Children: Biological and legally adopted children of the deceased can file a wrongful death claim. This includes both minor and adult children.
• Surviving Parents: If the deceased was unmarried and without children, the parents of the deceased can file a wrongful death claim.
• Personal Representative of the Estate: A personal representative (executor or administrator) of the deceased person’s estate can file the claim on behalf of the estate and the deceased’s heirs. This can be appointed by the will of the deceased or the court.
• Other Heirs: In some cases, other heirs, as defined by Utah’s intestate succession laws, may have the right to file a wrongful death claim if there is no surviving spouse, children, or parents.

Damages awarded in a wrongful death claim are distributed among the surviving family members according to their relationship to the deceased and their financial dependence on the deceased. Claimants can seek compensation for various damages, including funeral and burial expenses, medical expenses incurred before death, loss of companionship and support, loss of future income, and pain and suffering endured by the deceased before death.

In Utah, wrongful death claims must be filed within two years of the deceased’s death. Failure to file within this period can bar the claim. However, the sooner you can discuss the details of your loved one’s death with our skilled attorneys, the quicker we can begin preserving crucial evidence to help build your claim for success.

Contact Our Trusted Wrongful Death Attorneys in Salt Lake City, Utah

Waddoups Law Personal Injury Attorneys has represented thousands of Utah clients, successfully obtaining settlements during negotiations and fighting for their rights and optimal outcomes in jury trials for more than 90 combined years.

If you have lost a loved one to negligence anywhere in Utah, contact our Salt Lake City personal injury attorneys today to discuss your claim during a free consultation. We provide top-notch legal representation on a contingency basis and never recover any legal fees until we win your case. Even then, we promise our clients that their net settlement will be more than our legal fee recovery percentage because it is the right way to do business.