Everything You Need to Know About Utah Wrongful Death Settlements and Lawsuits
Losing a loved one is heartbreaking, and when it happens because of someone else’s carelessness, the pain cuts deeper. We’ve seen firsthand how families struggle with grief, unexpected expenses, and a burning need for answers. That’s why we’re here. We guide you through the legal process, fight for your rights, and work tirelessly to secure the compensation your family deserves.
Utah’s laws on wrongful death are designed to support families like yours, but we know they can seem overwhelming at first glance. Who can file a claim? What kind of compensation is possible? How long do you have to make these difficult decisions?
We’ll walk you through all of this, step by step, in plain language. Our goal isn’t just to inform you but to stand with you as you navigate this challenging journey.
What is a Wrongful Death Lawsuit?
A wrongful death claim is a legal action brought by surviving family members of a person who died due to another party’s carelessness, recklessness, or intentional act.
Under Utah Code Section 78B-3-106, a wrongful death occurs when a person or entity causes another person’s passing through a wrongful act or negligence.
Utah wrongful death claims arise from several incidents, including:
- Motor vehicle accidents (car, truck, motorcycle, etc.)
- Medical malpractice
- Defective products
- Workplace accidents
- Premises liability (slip and fall accidents)
- Criminal acts (assault, battery, etc.)
Who Can Bring Wrongful Death Action in Utah?
The following parties can file a wrongful death complaint under Utah law:
- Surviving spouse.
- Adult children.
- Parents of the deceased.
- Stepchildren (if financially dependent on the deceased).
- An estate personal representative.
If no immediate family members survive, other heirs may file a claim. Utah follows a hierarchy for potential claimants but prioritizes the surviving spouse and children.
Proving Liability in a Utah Wrongful Death Case
To succeed in a wrongful death claim, you must prove the defendant’s negligence or wrongful act caused your loved one’s death.
Elements of negligence
Utah law defines negligence as the failure to exercise reasonable care under the circumstances.
To establish wrongful death liability, you’ll need to prove these four elements:
- Duty of care: Defendant owed a legal duty to the deceased.
- Breach of duty: Defendant failed to uphold this duty.
- Causation: The breach directly led to the death.
- Damages: Death caused quantifiable losses.
Proving Negligence
Evidence plays a vital role in proving liability. Examples of proof to support your claim include:
- Police reports and accident scene photos.
- Witness statements and testimony.
- Medical records, autopsy reports, and expert medical opinions.
- Physical evidence (e.g., damaged vehicles, defective products).
- Video footage (e.g., surveillance cameras, dashcam videos).
- Expert testimony (e.g., accident reconstruction specialists, engineers).
Your Utah wrongful death attorney will gather and present compelling facts to build a strong case on your behalf.
Damages Available in Utah Wrongful Death Cases
Surviving family members bringing wrongful death litigation may recover two types of damages: economic and non-economic.
Economic Damages
Quantifiable financial losses resulting from the deceased’s death, such as:
- Medical expenses related to the final injury or illness.
- Funeral and burial costs.
- Lost wages and benefits the deceased would have earned.
- Loss of household services.
Non-economic Damages
Intangible, general losses that arise naturally from the wrongful death and are more difficult to quantify, such as:
- Loss of companionship, guidance, and protection.
- Mental anguish and emotional suffering.
- Loss of care and nurturing.
Exemplary Damages
In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the wrongdoer and deter similar conduct. However, these jury awards are rare.
Utah courts will consider factors like the deceased’s age, earning capacity, life expectancy, and role in the family when calculating damages. The severity of the surviving family members’ emotional trauma and loss of support are also actionable in wrongful death claims.
Survival Action vs. Wrongful Death Lawsuit
In addition to a wrongful death lawsuit, Utah law allows the personal representative of the deceased’s estate to file a survival action.
Under Utah Code Section 78B-3-107, a survival action allows recovery of damages the deceased could have pursued had they survived their injuries.
Survival action damages may include:
- Medical expenses related to the deceased’s final injury or illness.
- Lost wages from the time of injury until death.
- Pain and suffering endured by the deceased before death.
A personal representative from the deceased’s estate usually files both a survival action and a wrongful death lawsuit simultaneously, seeking compensation for the beneficiaries and surviving family members.
Utah Wrongful Death Settlement Process
Wrongful death litigation typically involves several key steps:
- Investigating the incident and discovering evidence.
- Filing a wrongful death claim with the at-fault party’s insurance company.
- Engaging in settlement negotiations.
- Filing a wrongful death lawsuit and preparing for trial when negotiations fail.
During settlement negotiations, your personal injury lawyer will present evidence of liability and damages to the insurance company and work to secure a fair settlement offer.
If the insurance company refuses to offer a fair settlement, your legal counsel may advise filing a wrongful death lawsuit and litigating your case.
Even after filing a lawsuit, settlement negotiations can continue, and many Utah family survivors resolve their cases before trial.
Who Receives Wrongful Death Proceeds in Utah?
According to state law, the courts and insurance companies must distribute wrongful death settlements and awards to surviving family members.
Generally, compensation goes to:
- Deceased person’s spouse.
- Children of the deceased (including adopted children).
- Parents of the deceased (if there’s no surviving spouse or child).
The money compensates surviving family members with a legal right to financial support and services from the deceased and reimburses loss of income, companionship, funeral expenses, and more.
Factors That Affect Wrongful Death Settlement Amounts
The amount received from a wrongful death claim varies and depends on the unique circumstances of each case.
Factors that can impact settlement amounts include:
- Strength of the evidence proving liability.
- Expiration of the statute of limitations for bringing suit (2 years).
- Extent of the deceased’s economic and non-economic damages.
- At-fault party’s insurance policy limits.
- Presence of comparative negligence (if the deceased’s actions contributed to their death).
- Skill and experience of the wrongful death attorney representing the surviving family members.
While some wrongful death cases may settle for millions of dollars, others may result in more modest amounts.
An experienced Utah wrongful death law firm evaluates the specifics of your case and provides a realistic estimate of its potential value.
Why Hiring a Utah Wrongful Death Attorney is Important
Taking on a wrongful death claim or lawsuit alone overwhelms most people, especially while they grieve the loss of a loved one.
However, hiring a skilled Utah personal injury attorney handles wrongful death claims can relieve some stress.
- Investigate the incident and discover crucial evidence.
- Identify all potential sources of compensation.
- Handle all communication with insurance companies and other parties.
- Negotiate aggressively to secure the highest possible settlement offer.
- Prepare your case for trial when parties cannot reach a fair settlement.
- Provide guidance and support throughout the legal process.
Most Utah personal injury law firms work on a contingency fee basis, meaning they only receive a fee if they successfully recover your compensation.
This arrangement allows you to pursue justice without upfront legal costs and motivates your attorney to secure the best possible outcome for your case.
Recent Developments in Utah Wrongful Death Law
Utah’s wrongful death statutes have seen some updates in recent years. For example, in 2019, the state expanded the definition of “heirs” to include financially dependent stepchildren. This change allows more families to seek justice for their loved ones.
Additionally, Utah courts have clarified aspects of comparative negligence in wrongful death cases. These rulings impact how The courts apportion fault and can affect settlement amounts.
Get Justice for Your Loved One’s Wrongful Death
The loss of a loved one due to someone else’s negligence is a tragedy no family should face alone. While we know that no legal action can truly compensate for your loss, a wrongful death claim can provide financial relief and hold those responsible accountable.
At Benjamin Durham Law Firm, we’re committed to guiding Utah families through this difficult process. Our experienced attorneys will explain your rights, answer your questions, and handle the ins and outs of your case with compassion and dedication. If you’re considering a wrongful death lawsuit, contact us for a free consultation.
Author Bio
Benjamin Durham is the principal attorney and founder of Benjamin Durham Law Firm, a criminal defense law firm based in Las Vegas, NV. With over 20 years of experience in the legal field, he represents clients in both injury and criminal cases. Over his career, he has secured favorable verdicts for clients in both state and federal courts and successfully defended numerous high-profile prosecutions.
Ben’s exceptional legal skills and dedication to his clients have earned him recognition as a life member of the National Association of Criminal Defense Lawyers. He also has been honored as one of the Top 100 trial lawyers by the National Trial Lawyers Association, further solidifying his reputation as a top-notch legal practitioner.