Understanding Utah Wrongful Death Claims: Heirs’ Rights and Legal Process
Who Is Considered an Heir in Utah Wrongful Death Cases?
In Utah, certain family members are eligible to claim compensation after a loved one’s wrongful death. Under state law, “heirs” include:
Spouse
Children
Parents (biological or adoptive)
Minor stepchildren who relied on the decedent financially
When none of these relatives are available, broader family members may inherit according to Utah Probate Code.
Filing a Wrongful Death Claim in Utah
An heir or the decedent’s appointed representative can initiate a lawsuit. Consulting an experienced attorney can help you navigate the process and determine the best way to represent the interests of all eligible family members.
Criminal Proceedings and Civil Claims
A criminal prosecution does not prevent a civil claim. While criminal charges may address the responsible party’s actions, the family can still pursue a separate lawsuit for damages. Collaborating with law enforcement may strengthen your case.
Distinctions in Heir Definitions: Wrongful Death vs. Probate
Utah’s statute defines heirs narrowly, while the Probate Code allows for a broader range of relatives when no statutory heirs exist. This distinction affects which family members are eligible to receive compensation.
Establishing Liability in a Case
To prove this in Utah, you must demonstrate the defendant’s fault—at least 51%—for the incident. Evidence, like traffic violations in vehicle accidents, can substantiate fault.
Types of Recoverable Damages in Utah Wrongful Death Cases
Eligible family members can seek various damages, including:
Loss of companionship
Financial expenses for care prior to death
Household service losses
Decedent’s pain and suffering leading up to death
Funeral and burial costs
Medical expenses caused by the incident
Income loss from the deceased’s future earnings
Punitive damages for extreme negligence
Heirs’ emotional suffering
Distributing Damages Among Heirs
Compensation in these cases can be divided through:
Family agreements
Court orders
Arbitration or mediation
Filing Deadlines for Utah Wrongful Death Claims
In Utah, you generally have two years from the date of death to file a lawsuit. It’s essential to consult with a lawyer to ensure you meet the correct timeline.
Variances in Wrongful Death Laws Across States
Laws differ by state, including Utah, Idaho, and Wyoming, as well as federal laws, each with unique statutes governing claims.
Age Factors in Wrongful Death Claims
Utah recognizes claims for people of all ages. The impact on heirs may vary depending on the deceased’s age, earning potential, and family relationships.
Common Causes of Wrongful Death Claims
Examples include:
Vehicle accidents (cars, trucks, motorcycles)
Medical negligence
Industrial accidents
Criminal acts (e.g., DUI-related incidents)
Selecting the Right Attorney for a Utah Wrongful Death Case
When considering legal representation, look for:
Experience in personal injury law
Courtroom experience
Financial capability to engage expert witnesses
Utah Attorney Jake Gunter
Jake Gunter of Howard Lewis & Petersen, PC, offers over 20 years of experience representing clients in all types of cases. Contact him at (801) 373-6345 for legal support throughout Utah.
Frequently Asked Questions
Who qualifies as an heir? Defined family members.
Can I file during a criminal trial? Yes, civil claims are unaffected.
How are damages split? Through agreement, court decision, or mediation.
What’s the statute of limitations? Two years from the date of death.