Utah Wrongful Death Claims: Who Can File
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 78B-3-106, when a person's death is caused by the wrongful act or neglect of another, the person's heirs, or their personal representatives for the benefit of the heirs, may sue the person who caused the death — or, if that person was employed by someone responsible for their conduct, the employer. "Heirs" is defined in § 78B-3-105 as the decedent's spouse, children, natural (or adoptive) parents, certain stepchildren, and, if none of those survive, blood relatives under the intestacy laws. The deadline is two years (§ 78B-2-304(3)). Damages "may be given as under all the circumstances of the case may be just."
Who this guide is for
Family members of someone who died because of another party's negligence or wrongful conduct in Utah, trying to understand who can bring a claim and how long they have.
Who counts as an "heir"
Section 78B-3-105 says "heirs" means the following surviving persons:
- the decedent's spouse;
- the decedent's children as provided in Utah Code § 75-2-114;
- the decedent's natural parents, or, if the decedent was adopted, the adoptive parents;
- the decedent's stepchildren who were younger than 18 at the time of death and who received financial support from the decedent or resided with the decedent at least part-time; or
- any blood relative as provided by the law of intestate succession, if the decedent is not survived by anyone listed in items 1 through 3.
Unmarried partners and friends are not in the list, regardless of closeness.
Who can bring the claim
- The heirs, or the decedent's personal representatives for the benefit of the heirs, may maintain the action (§ 78B-3-106(1)).
- If an adult had a guardian at the time of death, only one action may be maintained for the person's injury or death, and it may be brought by the personal representative or the guardian for the benefit of the heirs (§ 78B-3-106(2)–(3)).
- The statute doesn't apply where the Workers' Compensation Act provides otherwise. See Utah Workers' Compensation: Exclusive Remedy.
The deadline: two years
An action "for recovery of damages for a death caused by the wrongful act or neglect of another" may be brought within two years (§ 78B-2-304(3)). That is shorter than the four-year default for many negligence claims. Claims against a government entity also require a written notice within one year, and malpractice claims have their own rules. See Utah Personal Injury Statute of Limitations, How to File a Notice of Claim Against a Utah Government Entity, and Utah Medical Malpractice Statute of Limitations.
What damages can be recovered
The statute gives the fact-finder broad discretion: damages may be awarded as "just" under all the circumstances. Heirs commonly seek compensation for loss of financial support, loss of companionship and care, and funeral and burial costs, subject to limits that apply in particular kinds of claims — for example, the medical malpractice noneconomic cap and governmental immunity limits. See Utah Personal Injury Damages, Utah Medical Malpractice Damages Cap, Offsets, and Fee Limit, and Utah Governmental Immunity Act Claims. Punitive damages are possible only in limited cases. See Utah Punitive Damages in Injury Claims.
Wrongful death vs. survival action
A wrongful death claim compensates the heirs for their losses. A survival action preserves the injured person's own claim (for example, medical expenses and pain before death) for the estate. See Utah Wrongful Death vs. Survival Actions. Related claims: Utah Loss of Consortium Claims, and in drunk-driving cases Utah Dram Shop Liability and Utah Drunk Driving Accident Victim Claims.
Common causes and who may be responsible
Fatal crashes, medical errors, defective products, premises hazards, and workplace incidents can all give rise to wrongful death claims. See What to Do After a Car Accident in Utah, Utah Commercial Truck Accident Claims, Utah Nursing Home Neglect Claims, and Utah's Product Liability Act Explained.
What to do
- Get the death certificate and accident or incident reports.
- Preserve evidence (video, vehicle data, records) in writing.
- Identify the heirs and a personal representative, and talk about who will bring the action.
- Calendar the two-year deadline and any earlier notice deadlines.
- Talk to a lawyer before speaking to insurers or signing releases. See Utah Injury Settlement Offers and Releases.
Frequently asked questions
Who can file a wrongful death claim in Utah?
The decedent's heirs, or the personal representative for the benefit of the heirs.
Can an unmarried partner file?
Not unless they fall within the statute's definition of heirs.
What is the deadline?
Two years under § 78B-2-304(3).
Do all heirs have to agree?
The statute doesn't set a rule for disagreements in the text we reviewed; coordinating among heirs and the personal representative is a practical matter for your attorney.
Is it different from a criminal case?
Yes. A wrongful death claim is a civil action for damages, separate from any prosecution.