What constitutes a wrongful death and who can file a wrongful death lawsuit?
A wrongful death occurs anytime someone dies through the fault of someone else. Essentially, if it would give rise to a personal injury, action like a trucking case or a medical error or something like that, that can give rise to wrongful death case. In Utah, a personal representative can bring a claim on behalf of the heirs, but the heirs can also bring one on behalf of themselves. Who an heir is, is defined by a statute. It includes spouse, children, stepchildren who are minors and dependent upon the person who passed on and parents of the person.