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While no legal action can truly make up for the loss, pursuing a wrongful death claim in Utah may help families find a sense of justice and secure financial stability for the future.
At Craig Swapp & Associates, as Utah wrongful death lawyers, we provide legal support to surviving family members to pursue wrongful death compensation with no upfront costs.
But it’s important to act quickly – Utah wrongful death laws place strict limits on how long you have to file. Understanding the Utah wrongful death statute of limitations is crucial if you want to preserve your family’s right to recover damages.
When someone’s death is caused by the negligent, reckless, or intentional act of another person or entity, it may give rise to a wrongful death case in Utah. Common scenarios include fatal car accidents, workplace incidents, medical errors, dangerous products, or even intentional acts like assault. The law is designed to allow surviving family members – such as spouses, children, or parents – to hold the responsible parties financially accountable.
Wrongful death claims in Utah are governed by Utah Code § 78B-3-106, which outlines who may file, the damages that can be recovered, and the procedures that must be followed. The compensation awarded can cover a variety of losses, including funeral expenses, lost income, loss of companionship, and medical bills incurred before the loved one’s passing.
If you are considering filing a wrongful death claim in Utah, understanding the statute of limitations is critical. The statute of limitations for wrongful death in Utah sets a firm deadline for initiating legal action. If you miss this window, you may lose your right to recover damages, regardless of the merits of your case.
The law recognizes the importance of resolving legal matters within a reasonable timeframe. This serves several purposes:
In short, respecting the statute of limitations is vital. Taking action within the set timeframe helps protect your right to pursue wrongful death compensation and ensures your case is supported by strong evidence and timely witness accounts.
According to Utah Code § 78B-2-304(2), the statute of limitations for wrongful death in Utah is generally 2 years from the date of death. This means that surviving family members must file their claim within 2 years, or they risk losing the right to pursue compensation.
If the wrongful death involved a government agency or employee, Utah law imposes an even shorter deadline. Under the Utah Governmental Immunity Act, a notice of claim must be filed within 1 year of the death. Failing to meet this requirement can result in the claim being dismissed before it reaches court.
In rare circumstances, the Utah wrongful death statute of limitations may be extended or “tolled.”
Some possible exceptions include:
If the cause of death was not immediately known or could not have been discovered with reasonable diligence, the court may allow the statute of limitations to begin running from the date the cause was discovered, or should have been discovered. For example, if a dangerous product causes a latent illness that leads to death, the deadline might start when the cause of death is revealed through medical investigation.
If the only eligible heirs are minors, the court may grant special considerations, but it is essential to consult a wrongful death attorney in Utah to ensure that your rights are protected and that you do not inadvertently miss a critical deadline.
If the responsible party leaves Utah or takes steps to actively conceal their involvement in the wrongful death, the statute may be tolled until they are found or their identity is discovered.
Despite these limited exceptions, courts interpret the statute of limitations very strictly. Never assume you have more time – delays can have irreversible consequences.
Utah’s wrongful death statute is specific about who may bring a claim. The right is typically granted to the surviving spouse, adult children of the deceased, the deceased’s parents (if no surviving spouse or children), and the personal representative of the deceased’s estate.
If there are multiple eligible parties, they may join together as co-plaintiffs. This is another reason why consulting with a Utah wrongful death lawyer as soon as possible is so important – the process can be complicated, especially when several family members have a potential stake in the case.
The wrongful death statute of limitations is not just a procedural technicality, it’s a powerful barrier. Once the deadline passes, courts are required to dismiss your case, no matter how strong the evidence. This means families who are coping with grief and uncertainty must also pay close attention to legal timelines.
Timely legal action not only preserves your family’s right to compensation but also ensures that critical evidence can be gathered, witnesses can be located, and your case can move forward efficiently.
If you suspect your loved one’s death was caused by someone else’s negligence, it’s important to act promptly and thoughtfully.
Here’s what you can do:
Collect as much information as possible, including:
An experienced attorney can help you determine whether you have a valid claim, calculate the appropriate timeline under the Utah wrongful death statute of limitations, and handle communications with insurance companies and other parties.
Wrongful death lawyers in Salt Lake City can provide valuable support at every stage of the process, from investigating the circumstances to negotiating settlements or representing you in court.
Do not wait. The sooner you begin, the stronger your position will be. Your lawyer can file the necessary documents and begin building your case while you focus on your family’s emotional and practical needs.
By acting quickly and following these essential steps, you give your family the best opportunity to secure justice and meaningful compensation after a tragic loss. Swift action can make a crucial difference in the outcome of your wrongful death claim in Utah.
A successful wrongful death claim in Utah may result in significant compensation for surviving family members.
Utah law allows for the recovery of both economic and non-economic damages, including:
The value of a wrongful death case in Utah can vary based on several factors, including the deceased’s age, earning potential, and the specific circumstances of the accident. A wrongful death attorney in Utah can help you understand the full value of your claim.
Successfully pursuing a wrongful death claim in Utah requires thorough investigation, skillful negotiation, and attention to detail.
A Utah wrongful death lawyer will:
If you’ve lost a loved one due to someone else’s wrongful actions, understanding the statute of limitations for wrongful death in Utah is one of the most important steps you can take. The law grants a limited window to pursue justice and compensation, and once it closes, the opportunity is gone. Taking prompt action preserves your family’s rights and improves your chances of holding the responsible party accountable.
Speak with a wrongful death attorney in Utah to learn how you can move forward. With compassionate guidance from Craig Swapp & Associates, your family can focus on healing while your legal rights are protected. Our firm serves in Salt Lake City, Millcreek, Orem, Sandy, West Valley City, Logan, Ogden, Provo, St. George, and West Jordan.
Don’t wait until it’s too late. Call us at (866) 936-3806 or fill out our contact form today to schedule your free consultation.
If your loved one’s death was caused by another person or entity’s wrongful act, neglect, or default, you may have a valid claim. Speak with wrongful death lawyers in Salt Lake City to discuss your unique situation.
In some cases, the statute of limitations may be tolled under the discovery rule. However, these situations are rare and require strong evidence. Contact a wrongful death attorney in Utah as soon as you learn new information.
No. Only one claim may be filed. An attorney can help coordinate the process.
If the responsible party cannot be located or is intentionally concealing their role, the court may extend the deadline. However, the extension is not guaranteed.
Claims against government entities must be filed within 1 year under Utah law, and a formal notice of claim is required before a lawsuit can proceed.
Written By: Ryan Swapp Legal Review By: Craig Swapp