Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Utah, wrongful death claims are governed by the Utah Wrongful Death Act, found in Utah Code sections 78B-3-105 through 78B-3-109. This statute allows certain family members or the personal representative of the deceased's estate to file a lawsuit seeking monetary damages for the death of their loved one. The individuals who may bring a wrongful death claim include the deceased's spouse, children, parents, or next of kin under the state's inheritance laws. Damages that may be recovered can include funeral and burial expenses, medical expenses, loss of financial support and benefits, emotional distress of survivors, and loss of companionship. The statute of limitations for filing a wrongful death claim in Utah is generally two years from the date of death, but there are exceptions that can extend or shorten this period. It is important for those considering a wrongful death claim in Utah to consult with an attorney to understand the specific nuances of the state's laws and how they may apply to their situation.