Open Accessibility Menu
COVID-19 UPDATE: We are open! Our team is working and offering consultations via phone, e-mail, and video conferencing.

How to File a Wrongful Death Claim in Utah

Eisenberg, Cutt, Kendell & Olson

As is typical of most states, Utah has specific statues and laws dictating what happens during a wrongful death claim, who can file and how the process should go. Utah law defines a wrongful death as any death that happens because of the neglect, default, or wrongful act of another person through conduct that would support a personal injury claim. If your loved one was the victim of a wrongful death in Utah, here’s what you can do to file a claim.

Ensure You Qualify

Under section 7B-3-105 of Utah Code you’ll be able to file a wrongful death claim if you are the spouse, adult child, parent or parents (including adoptive), stepchildren (under certain conditions), or other type of blood relative of the deceased. One heir will take on the responsibility of being the representative for all legal matters. Utah law has what’s called a “presumptive personal representative”, or the person that the law assumes will take on the role. If, however, an estate plan or will names a representative, that named representative would be the one to file and speak for those entitled to the claim.

File on Time

You have two years from the date of the death to file a claim. If your claim is against a government entity, you only have one year. A wrongful death lawyer in Utah can help you determine what other deadlines or time restraints might apply to your case.

How to File

The personal representative must file a wrongful death claim directly with a civil court of law. While the courthouse can provide you with the documentation you need and guide you through the process to an extent, your best bet is to consult with a wrongful death lawyer. A lawyer can ensure that you’re getting the compensation you deserve, and will be aware of best practices and pitfalls that the ordinary person wouldn’t know about.

If you’re already grieving due to the wrongful death of a loved one, you’ve been through enough. Consult a wrongful death attorney in Utah who can help lighten your burdens as you fight for the compensation you deserve.