If you have lost a loved one due to someone else’s negligence in Utah, understanding your legal rights is a critical first step toward justice. This guide covers Utah’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Utah’s outdoor recreation economy – skiing, hiking, rock climbing, off-road vehicles – creates wrongful death circumstances that are unique to the region. Utah imposes no caps on general wrongful death claims.
Utah Wrongful Death Laws
The Utah Wrongful Death Statute
Utah’s wrongful death law is governed by Utah Code § 78B-3-106. The statute allows the heir or Personal Representative to file the claim.
Who Can File
Utah allows the heir of the deceased or the Personal Representative of the estate to file.
Statute of Limitations
Utah imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Utah allows recovery for pecuniary loss, loss of companionship, loss of guidance, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a $450,000 cap on non-economic damages.
Survival Action
Utah maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Utah
1. Siegfried & Jensen
Location: Salt Lake City, Ogden, Provo, UT (Statewide)
Phone: (801) 845-9000
Website: https://siegfriedandjensen.com
The largest personal injury firm in Utah, with massive resources and statewide reach. Because Utah’s outdoor recreation culture creates unique wrongful death scenarios – ski resort negligence, off-road vehicle deaths, recreational product failures – they have specialized experience that most generalist firms lack. For uncapped general negligence claims, they pursue maximum loss of companionship and guidance damages aggressively.
2. Christensen & Hymas
Location: Salt Lake City, UT
Phone: (801) 506-0800
Website: https://utahinjurylaw.com
A highly respected firm with a specific focus on fatal auto and commercial truck accidents. They are skilled at navigating Utah’s heir filing option to minimize procedural delay and are excellent at both the wrongful death and survival action to maximize total recovery from insurance companies.
3. Scalley Reading Bates Hansen & Rasmussen, P.C.
Location: Salt Lake City, UT
Phone: (801) 531-7870
Website: https://scalleyreading.net
Elite for medical malpractice wrongful death in Utah. Navigating the $450,000 non-economic cap requires maximizing every available economic damages category. Their team includes medical professionals and economists who work together to build the highest possible economic damages case while targeting the full non-economic cap.
Frequently Asked Questions
Are there caps on general wrongful death damages in Utah?
No. For wrongful death claims not involving medical malpractice, Utah imposes no caps on damages.
What is Utah’s medical malpractice cap?
Utah caps non-economic damages at $450,000 in medical malpractice wrongful death cases. Economic damages remain uncapped.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Utah’s no caps framework for general claims and accessible filing process provide families with meaningful legal tools. The firms listed above have the expertise to maximize recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.