Losing a loved one unexpectedly is heartbreaking, especially when someone else’s negligence or misconduct causes the loss. In those moments of grief, many families are left asking not only “Why?” but “What now?”
When a preventable death occurs, Utah law allows certain family members to file a wrongful death lawsuit to pursue justice and secure financial compensation. But what does that process look like? What do you need to prove, and who can file? Do I even need a wrongful death attorney?
At LifeLaw, we know this isn’t just a case — it’s your life. And we’re here to guide you through it.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil legal action brought by surviving family members or the estate of a person who died due to another party’s negligence, recklessness, or intentional act. It’s meant to hold the at-fault party accountable and provide compensation for the financial and emotional losses suffered by those left behind.
Wrongful death claims in Utah often arise from:
- Car, truck, or motorcycle accidents
- Medical malpractice
- Workplace accidents
- Dangerous property conditions
- Defective products
- Criminal acts (even if no criminal charges are filed)
Who Can File a Wrongful Death Claim in Utah?
Utah law allows the following individuals or entities to file a wrongful death claim:
- The surviving spouse
- Adult children of the deceased
- Parents (if the deceased has no surviving spouse or children)
- The personal representative of the deceased’s estate
If you’re unsure whether you’re eligible, a Salt Lake City wrongful death attorney at LifeLaw can help review your situation and determine your rights.
What Must Be Proven in a Wrongful Death Lawsuit?
To be successful in a wrongful death lawsuit, four essential legal elements must be established:
1. Duty of Care
The defendant must have had a legal responsibility to act with reasonable care. For example, a driver has a duty to follow traffic laws and drive safely.
2. Breach of Duty
You must show the defendant failed to uphold that duty, whether by acting negligently, recklessly, or intentionally.
3. Causation
There must be a clear link between the defendant’s actions (or inaction) and your loved one’s death.
4. Damages
You must demonstrate that the death caused measurable financial, emotional, or other harm to surviving family members or the estate.
What Damages Can Be Recovered in Utah?
Utah allows for both economic and non-economic damages in wrongful death cases.
Economic Damages
- Funeral and burial costs
- Medical expenses incurred before death
- Lost income and future financial support
- Loss of benefits (like health insurance or retirement income)
Non-Economic Damages
- Pain and suffering of surviving family members
- Loss of companionship, care, and guidance
- Emotional distress
- Loss of household services
In rare cases, punitive damages may be awarded to punish especially egregious behavior.
What’s the Process for Filing a Wrongful Death Lawsuit?
Step 1: Consultation with an Attorney
The first step is to meet with a wrongful death lawyer in Salt Lake City who understands the emotional weight of these cases and can offer guidance.
Step 2: Investigation
Your attorney will begin gathering evidence to support the claim, such as:
- Police and medical reports
- Witness statements
- Accident reconstruction analysis
- Photos or video footage
- Employment and financial records
Step 3: Filing the Lawsuit
Once the evidence is compiled, your attorney will file the lawsuit in civil court, identifying the parties involved, the basis for the claim, and the damages being sought.
Step 4: Discovery Phase
During this phase, both sides exchange information through:
- Depositions
- Interrogatories (written questions)
- Requests for documents
Step 5: Settlement Negotiations
Most cases settle before reaching trial. If a fair offer is made, your attorney may recommend accepting. If not, your case can proceed to court.
Step 6: Trial
At trial, a judge or jury will review the evidence and decide if the defendant is liable and how much they must pay in damages.
How Long Do You Have to File in Utah?
Utah’s statute of limitations for wrongful death claims is generally two years from the date of death. However, the window may be much shorter if a government entity is involved.
Failing to file within the statute of limitations can result in the case being dismissed, regardless of how strong your evidence is. That’s why acting quickly is so important.
What About Legal Fees?
At LifeLaw, we work on a contingency fee basis, which means:
- No upfront fees
- No hourly billing
- We only get paid if we win your case
This approach allows families to seek justice without taking on additional financial strain during an already difficult time.
What If the At-Fault Party Doesn’t Have Insurance or Can’t Pay?
Even if the individual responsible doesn’t have sufficient assets, your attorney will explore all possible sources of recovery, including:
- Employers (in work-related deaths)
- Property owners or landlords
- Manufacturers of defective products
- Government agencies (in specific circumstances)
We work tirelessly to identify every possible avenue for compensation.
Justice Through Action
A wrongful death lawsuit can’t reverse what’s been lost — but it can bring accountability, closure, and critical financial support. It’s a way to honor your loved one by ensuring their story is heard and the responsible party is held accountable.
At LifeLaw, we’ve been on the other side of loss. Our founding attorney, David Francis, lost his sister in a tragic car accident when he was just 16. The injustice his family experienced is what drives our firm to advocate fiercely for those navigating their own heartbreak.
If you’ve lost a loved one due to negligence or wrongdoing, don’t face this fight alone. Let LifeLaw’s compassionate and experienced Salt Lake City wrongful death attorneys stand beside you. Contact us today for a free consultation and let us know how we can fight for you.