Utah Wrongful Death Lawyers

Representing Families Statewide

Everyone struggles to make sense of the events leading to a loved one’s death, especially if it was a wrongful death that was the result of someone else’s neglect, malpractice, inaction, or recklessness.

If you lost a family member due to wrongful death, the people responsible for your loss may be held accountable. At Pearson Butler, our team of lawyers is committed to fighting for families who have lost parents, children, spouses, and other loved ones.

Reach out by calling 385-444-2102 to schedule a free case consultation.

What is Considered Wrongful Death?

Under Utah Code § 78B-3-106, a wrongful death is defined as a death caused by the "wrongful act or neglect" of another person or entity. Essentially, if your loved one had been entitled to file a personal injury lawsuit had they survived the incident, their passing likely constitutes a wrongful death.

Common scenarios that lead to wrongful death claims in Utah include:

• Motor Vehicle Accidents: Distracted driving, DUIs, or reckless behavior on Utah highways.
• Medical Malpractice: Fatal errors by surgeons, misdiagnosis, or pharmaceutical negligence.
• Workplace Accidents: Fatalities occurring in construction, mining, or industrial sectors due to safety violations.
• Defective Products: Malfunctioning equipment or dangerous consumer goods.
• Premises Liability: Slip and fall accidents or inadequate security leading to a fatal encounter.
• Intentional Acts: Criminal acts, such as assault or homicide, can also be the basis for a civil wrongful death suit, separate from criminal proceedings.

Who Can File a Wrongful Death Claim?

Utah law is specific about who has the "standing" (legal right) to bring a claim. This is intended to ensure that those most directly affected by the loss receive the benefits of the lawsuit. According to Utah Code § 78B-3-105, the following parties may file:

• The Surviving Spouse: The husband or wife of the deceased.
• Surviving Children: Including adult children and legally adopted children.
• Surviving Parents: Both natural and adoptive parents.
• Stepchildren: If they were under 18 at the time of death and were financially dependent on the deceased.
• Personal Representative: The executor of the deceased’s estate may file the claim on behalf of all heirs.
• Other Heirs: If none of the above exist, other blood relatives may be eligible under Utah’s intestate succession laws.

What Elements Must You Prove to Succeed in a Wrongful Death Lawsuit in UT?

To win a wrongful death case, your attorney must establish four primary pillars of negligence. The "burden of proof" lies with the plaintiffs to show it is more likely than not that the defendant is responsible.

1. Duty of Care

You must prove the defendant owed the deceased a legal duty to act with reasonable care. For example, every driver on Utah roads owes a duty to others to follow traffic laws and remain alert.

2. Breach of Duty

We must demonstrate that the defendant failed to meet that duty. This could mean a doctor failing to follow standard medical protocols or a property owner ignoring a known hazard.

3. Causation

There must be a direct link between the defendant's breach of duty and the death. We must show that "but for" the defendant's actions, your loved one would still be here.

4. Damages

Finally, we must prove that the death resulted in specific, compensable losses. This includes both the financial strain on the survivors and the intangible loss of a family member’s presence.

Compensation in a Wrongful Death Claim

In a wrongful death lawsuit, compensation is intended to address the financial and emotional impact of the deceased's death on their survivors. The types of damages awarded can vary based on the specifics of the case, but generally fall into two broad categories: economic damages and non-economic damages.

Economic damages compensate for financial losses that can be quantified. They often include funeral and burial expenses, which can be significant and are typically recoverable in a wrongful death claim. Additionally, economic damages may cover the loss of financial support that the deceased would have provided to their family. This includes wages, benefits, and other forms of economic support the deceased would have contributed if they had lived. Compensation may also address the loss of services, such as household chores or caregiving, that the deceased provided to their family.

Non-economic damages address the intangible losses that are harder to quantify but are nonetheless deeply felt. They include compensation for the loss of companionship, emotional support, and love that the deceased provided. This also encompasses the grief and emotional suffering experienced by the survivors due to the loss. Non-economic damages aim to acknowledge and compensate for the profound personal impact the death has had on the family and loved ones.

Wrongful Death FAQs

How long do I have to file a claim in Utah?

The statute of limitations for a wrongful death claim in Utah is generally two years from the date of death (Utah Code § 78B-2-304). However, if you are filing against a government entity, you must file a "Notice of Claim" within one year.

Can I file if a criminal case is already underway?

Yes. Civil and criminal cases are entirely separate. A defendant can be found "not guilty" in criminal court but still be held liable for "wrongful death" in civil court because the burden of proof is lower in civil cases.

What if my loved one was partially at fault?

Utah follows a comparative negligence rule. As long as your loved one was less than 50% responsible for the accident, you can still recover damages, though the total award will be reduced by their percentage of fault.

Filing a Wrongful Death Lawsuit in Utah

At Pearson Butler, we understand that the grieving process is difficult. In these difficult moments, it is our goal to help the family of a wrongful death victim as they navigate the legal process and obtain just compensation for their loss. We understand that no amount of compensation can alleviate the grief that follows the loss of a family member, but it can bring peace of mind knowing that the at-fault party has been held accountable and can provide financial stability in uncertain times.

Insurance companies and large corporations may attempt to make you feel afraid to file a claim for damages in a wrongful death case. The attorneys at Pearson Butler are not intimidated by large or small corporations. Our attorneys have the experience and resources to assist you in holding wrongdoers accountable for your loss, no matter the opponent.

If you feel your loved one has died due to the wrongful actions of others, call Pearson Butler today at 385-444-2102 for a free consultation.