State file: Utah

Wrongful Death Attorneys in Utah: Your Complete Legal Guide

3 min read

2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Utah lets a wrongful death action be brought either by the person’s heirs or by the personal representative for the heirs’ benefit, and a separate section defines who counts as an heir. The court or jury may award damages that are just under the circumstances. The filing period is two years for an action for damages for a death caused by the wrongful act or neglect of another.

Utah Wrongful Death at a Glance

Question Utah answer
Who may sue? The heirs, or the personal representative for the heirs' benefit (Utah Code 78B-3-106)
Who counts as an heir? Spouse, children, natural or adoptive parents and qualifying stepchildren; if none survive, blood relatives under intestate succession (78B-3-105)
Damages Damages that are just under all the circumstances (78B-3-106)
Deadline Two years for death caused by wrongful act or neglect (78B-2-304)

Who May Bring the Case

Utah Code 78B-3-106 allows the person’s heirs, or the personal representative acting for the heirs’ benefit, to maintain the wrongful death action. Section 78B-3-105 defines “heirs” for this purpose: the spouse, children, natural or adoptive parents and qualifying stepchildren, and, when none of those survive, blood relatives under intestate succession. The definition was amended in 2022, including its stepchild language.

What Can Be Recovered

The statute allows the court or jury to award damages that are just under all the circumstances of the case (78B-3-106).

The Deadline

Utah Code 78B-2-304, in the version effective May 6, 2026, sets a two-year limitation period for an action for damages for a death caused by the wrongful act or neglect of another.

Topics This Guide Does Not Cover

Utah’s comparative fault statute, the notice and damages limits for claims against governmental entities, and the medical malpractice noneconomic damages limit were not reviewed for this guide. How they apply to a particular death is a question for counsel.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Utah

1. Siegfried & Jensen

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 general negligence claims, they pursue maximum loss of companionship and guidance damages aggressively.

2. Christensen & Hymas

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.

Elite for medical malpractice wrongful death in Utah. Navigating the 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

Can the heirs file without a personal representative?

Yes. Utah Code 78B-3-106 allows the heirs to maintain the action, or the personal representative to bring it for their benefit.

Who is an heir for a Utah wrongful death case?

Under Utah Code 78B-3-105, the spouse, children, natural or adoptive parents and qualifying stepchildren, and, if none of them survive, blood relatives under intestate succession.

How long does the family have to file?

Two years, under Utah Code 78B-2-304.

Sources and Last Review

Utah Code sections 78B-2-304, 78B-3-105 and 78B-3-106. This page summarizes these provisions from secondary descriptions of the statutes; the official statutory text was not reviewed for this guide. Last updated October 2026. This page is general information about Utah law, not legal advice about a specific death.