Utah, like most states in America, allows a person to sue for wrongful death when a family member is killed due to another person’s negligence, recklessness, or intentional actions. This article will explore what wrongful death means in Utah, who can bring a lawsuit, what damages can be recovered, and how to file a lawsuit.

What is Wrongful Death?

Wrongful death is when a person dies due to the negligence or recklessness of another person or entity. In Utah, the wrongful death statute is found in the Utah Code under Title 78B, Chapter 3, Section 106. Wrongful death can occur in a variety of ways including car accidents, medical malpractice, workplace accidents, and intentional acts such as murder.

Who Can Bring A Wrongful Death Lawsuit?

In Utah, the personal representative of the deceased person’s estate can bring a wrongful death lawsuit. The personal representative is typically named in the deceased person’s will or appointed by the court if there is no will. If the deceased person did not have an estate plan or named personal representative, the court will appoint one.

What Damages Can Be Recovered in a Wrongful Death Lawsuit?

Utah law allows for several types of damages to be recovered in a wrongful death lawsuit. These damages include economic damages, non-economic damages, and punitive damages.

Economic damages include things like medical expenses, funeral expenses, lost wages, and loss of future income. Non-economic damages include things like pain and suffering, loss of companionship, and emotional distress.

Punitive damages are less common and are only awarded in cases where the defendant’s actions were particularly egregious. Punitive damages are meant to punish the defendant and discourage similar behavior in the future.

How To File A Wrongful Death Lawsuit in Utah

To file a wrongful death lawsuit in Utah, the personal representative of the deceased person’s estate must file a complaint in the appropriate court. The complaint must include the following information:

• The name and address of the plaintiff (personal representative)
• The name and address of the defendant
• A statement of the facts giving rise to the claim
• A statement of the damages suffered by the plaintiff
• The legal basis for the claim
• A demand for judgment

The defendant will have an opportunity to respond to the complaint, and then the case will proceed through the litigation process.

Conclusion

Losing a loved one is never easy, especially when their death was caused by someone else’s negligence or intentional actions. If you are the personal representative of a deceased person’s estate and believe their death was wrongful, you may be able to sue for damages in Utah. It’s important to speak with an experienced wrongful death attorney who can guide you through the process and help you recover the compensation you deserve.