Wrongful Death Statute of Limitations in Utah

In Utah, the statute of limitations for wrongful death claims is two years from the date of death, under Utah Code Section 78B-2-304. Missing this deadline permanently bars the family from recovering compensation, regardless of how clear the negligence was. If your loved one was killed in an accident caused by someone else's wrongdoing, you have a limited window to act.

Who Can File a Wrongful Death Lawsuit in Utah

Under Utah Code Section 78B-3-106, a wrongful death action must be brought by the personal representative of the deceased's estate. In practice, this is typically a surviving spouse, adult child, or parent. The recovery is distributed to the deceased's heirs according to intestate succession rules unless a will specifies otherwise.

What Damages Are Available

Utah's wrongful death statute allows recovery for:

• Loss of financial support: The income the deceased would have earned over their expected working life
• Loss of companionship: The emotional and relational value the deceased provided to surviving family members
• Loss of household services: The value of domestic contributions the deceased made
• Medical expenses: Treatment costs incurred before death
• Funeral and burial expenses
• Pain and suffering of the deceased prior to death (as a survival claim)

Utah does not cap wrongful death damages in most personal injury cases, though punitive damages require a showing of willful and malicious conduct.

Survival Claims vs. Wrongful Death Claims

Utah law distinguishes between wrongful death claims (brought by surviving family) and survival claims (brought on behalf of the estate for the deceased's own pain, suffering, and losses before death). Both can often be pursued simultaneously. A wrongful death attorney can structure both claims to maximize total recovery.

Common Causes of Wrongful Death Cases BAM Handles

• Fatal car and truck accidents
• Catastrophic workplace injuries
• Medical malpractice resulting in death
• Premises liability accidents (falls, drowning, fire)
• Product liability (defective vehicles, equipment)

Act Quickly -- Evidence Disappears

The two-year deadline is the legal minimum. Evidence critical to proving liability -- surveillance footage, accident reconstruction data, black box records in truck cases -- can be lost or destroyed within weeks. BAM Injury Law sends evidence preservation letters immediately after case intake.

Contact a Utah Wrongful Death Lawyer

BAM Injury Law represents families who have lost a loved one due to someone else's negligence throughout Utah, including Murray, Salt Lake City, Provo, and St. George. Attorney Kigan Martineau handles Utah wrongful death cases on a contingency fee basis with no fee unless the case is won. Call (801) 839-5652 for a free consultation.