A death qualifies as wrongful in Utah when it is caused by another party's wrongful act, neglect, or default, and when the surviving family can prove duty, breach, causation, and measurable damages. The test the statute uses is simple to state: if the person who died could have brought a personal injury claim had they survived, the family may be able to bring a wrongful death claim.
Utah Code 78B-3-106 creates a civil claim that allows surviving family members to seek compensation for losses caused by a loved one’s death. It is a civil lawsuit, not a criminal case, and it can proceed whether or not prosecutors bring charges. This page explains how Utah defines wrongful death, the four elements a claim must prove, the situations that do and do not qualify, and how a wrongful death action differs from a survival action. If you already know the death qualifies, see who can file a wrongful death lawsuit in Utah.
Under Utah Code 78B-3-106, a wrongful death is a death caused by the wrongful act, neglect, or default of another person or entity. The action is brought by the deceased person’s heirs or personal representative for the benefit of the surviving family members.
The statute requires that the death resulted from conduct that would have given the deceased person a valid personal injury claim had they survived. It uses three terms to describe qualifying conduct. Wrongful act covers intentional conduct. Neglect covers negligence. Default covers failures to meet a legal obligation.
This claim is independent, meaning it exists separately from any personal injury case the deceased person may already have pursued. The statute does exclude deaths covered by workers compensation under Title 34A, Chapter 2, where that system provides the exclusive remedy.
A wrongful death case is filed in civil court and seeks monetary compensation for the family. Criminal cases are prosecuted by the state and can result in imprisonment. A wrongful death action can proceed regardless of whether charges are filed, and a family can succeed even where a criminal case ended in acquittal, because a civil claim requires proof by a preponderance of the evidence rather than proof beyond a reasonable doubt.
Winning a wrongful death lawsuit requires proof of the same elements as a personal injury case.
Without proof of any single element, the claim fails.
The four elements apply differently depending on the circumstances, but the same framework governs every wrongful death case. These are the most frequent situations.
When a driver runs a red light, speeds, drives impaired, or otherwise violates traffic laws, they breach their duty to drive safely. If that negligence causes a fatal collision, the family may have a claim. Crash reports, eyewitness testimony, and accident reconstruction help establish causation. For the crash-specific version of this page, see wrongful death after a car accident in Utah.
Healthcare providers owe patients a duty of care based on accepted medical standards. When misdiagnosis, surgical error, medication mistakes, or a failure to follow proper procedures causes a death, the family may have a claim. These cases usually require expert witnesses to establish the standard of care and connect the provider’s conduct to the death.
Workplace accidents can result in wrongful death claims, particularly in construction and other high-risk industries. Employers and site operators have safety obligations under federal and state regulations. Where safety violations, inadequate training, or equipment failures lead to a worker’s death, a wrongful death action may be available. In many workplace fatality cases the responsible party is a third party such as a subcontractor, equipment manufacturer, or property owner rather than the direct employer.
Property owners owe a duty to keep conditions reasonably safe for visitors. Unmarked hazards, structural failures, or inadequate security that cause a death can support a premises liability claim. Manufacturing defects, design flaws, and inadequate warnings can support a claim against a manufacturer or distributor.
Not every death supports a wrongful death claim. Understanding what does not qualify helps families avoid pursuing claims with no legal basis.
Where a death results from a true accident with no negligence or wrongful conduct, the elements of duty and breach are absent and a claim generally cannot succeed.
If the defendant owed no legal duty to the person who died, there is no foundation for a claim. Not every relationship creates a duty of care.
Deaths from illness, old age, or natural disease progression generally do not qualify. If a provider’s negligence contributed to the death, for example by failing to diagnose or treat a treatable condition, the circumstances may still support a malpractice-based claim.
A civil wrongful death claim and a criminal prosecution are separate proceedings that serve different purposes. The civil case seeks financial compensation for surviving family members. Criminal charges seek to punish the responsible party through fines, imprisonment, or other penalties.
The standards of proof also differ. Civil claims require proof by a preponderance of the evidence, meaning more likely than not. Criminal cases require proof beyond a reasonable doubt. Because the civil standard is lower, a family can succeed in a wrongful death lawsuit even where charges were never filed or a defendant was acquitted.
Utah recognizes two distinct claims when a person dies because of another’s wrongful conduct. A wrongful death claim under Utah Code 78B-3-106 compensates the surviving family for their own losses, including lost financial support, funeral costs, and loss of companionship.
A survival action under Utah Code 78B-3-107 is a separate claim covering what the deceased person experienced before dying, including pain and suffering and medical expenses incurred between injury and death. The survival action belongs to the estate and is brought by the personal representative. Both may be filed together when the circumstances support them. See wrongful death damages and compensation in Utah for how each is valued.
If your family has lost someone because of another party’s negligence, three steps matter most in the first few weeks. Document and gather everything related to the circumstances of the death. Preserve medical records, incident reports, and witness contact information. Then have someone evaluate whether the circumstances support a claim and what deadlines apply. Utah’s wrongful death deadline is two years from the date of death, and only one year to serve notice on a government entity. See how to file a wrongful death claim in Utah, or call 801-888-8888 for a free case evaluation.
A wrongful death occurs when a person dies because of another party’s wrongful act, neglect, or default under Utah Code 78B-3-106. The death must be caused by that conduct, and the surviving family must be able to prove duty, breach, causation, and measurable damages.
Four elements must be proven. The defendant owed a duty of care. The defendant breached that duty. The breach directly caused the death. The heirs suffered measurable damages as a result.
No. A wrongful death case is a civil lawsuit seeking compensation for the family. A criminal case is a prosecution by the state seeking punishment. They use different standards of proof and serve different purposes.
Yes. A wrongful death action is independent of criminal proceedings. Families can file and recover in civil court even where no charges are filed or where charges did not result in a conviction.
A wrongful death claim compensates surviving family members for their own losses, including lost income, funeral expenses, and loss of companionship. A survival action under Utah Code 78B-3-107 covers what the deceased person suffered before death, including pain and medical costs, and belongs to the estate. Both may be pursued together.
This is general information, not legal advice. Contacting Robert J. DeBry & Associates or submitting a form does not create an attorney-client relationship.