Robert J. DeBry and Associates has fought for Utah families for over four decades. When a death was preventable, we help the family hold the responsible party accountable.
Losing someone you love is overwhelming. When the death was preventable, the grief can feel heavier because it did not have to happen, and families are often left managing funeral costs, lost income, medical bills, and the loss of everything that person provided. A Utah wrongful death attorney helps surviving family members bring a civil claim for compensation when a death was caused by another person’s negligence or wrongful act.
A wrongful death claim is a civil lawsuit, separate from any criminal charges that may or may not be filed. This page explains what qualifies as wrongful death under Utah law, who can file a claim, what compensation is available, how long you have to act, and how the case process works from investigation through litigation. Robert J. DeBry & Associates has stood with Utah families since 1981.
Call 801-888-8888 for a free consultation, available 24/7. No attorney fee unless we recover compensation.
Under Utah Code 78B-3-106, wrongful death occurs when the death of a person is caused by the wrongful act or neglect of another. The statute uses broad language that covers negligence, recklessness, and intentional conduct. The key legal test is whether the deceased person could have brought a personal injury claim had they survived. Our page on what qualifies as wrongful death walks through the four elements in detail.
A family’s right to file a wrongful death lawsuit does not depend on whether prosecutors bring criminal charges. Even where no charges are filed, the family can still pursue a civil claim if negligence or a wrongful act caused the death. If the death followed a crash, see wrongful death after a car accident in Utah.
Utah law is specific about who has standing. Under Utah Code 78B-3-105, heirs for wrongful death purposes include the surviving spouse, children including adopted children, natural or adoptive parents, and stepchildren under 18 who were financially dependent on or resided with the deceased person. If none of those close family members survive, blood relatives who would qualify under Utah’s intestate succession rules may be eligible.
The action itself is brought by the personal representative of the estate for the benefit of all heirs. The representative does not personally keep the recovery. They hold the claim in trust and distribute it to the eligible heirs. Utah also recognizes a presumptive personal representative under Utah Code 78B-3-106.5, typically the surviving spouse or an adult child, who may act in certain insurance matters. For the full hierarchy, see who can file a wrongful death lawsuit in Utah.
Utah’s wrongful death statute provides for damages as under all the circumstances of the case may be just. That covers both economic and non-economic losses, and the amounts vary considerably depending on the circumstances.
Punitive damages may also be available where the at-fault party’s conduct was especially egregious, though courts scrutinize those claims closely. No amount of money replaces a person, but compensation helps a family stay stable and rebuild. For the full breakdown, see wrongful death damages and compensation in Utah.
Under Utah Code 78B-2-304, the statute of limitations for a wrongful death claim is two years, and the clock starts on the date of death. That is half the time Utah allows for most personal injury lawsuits, and families routinely assume the longer deadline applies. Missing it generally bars recovery permanently. Where a government entity or a government employee acting within the scope of employment is involved, the Governmental Immunity Act requires a written notice of claim within one year. See how to file a wrongful death claim in Utah for the full timeline.
Utah gives families two years from the date of death to file a wrongful death claim, and only one year to serve notice when a government entity is involved. Evidence degrades long before either deadline arrives, which is why early consultation matters more than the calendar suggests.
Every case begins with a thorough investigation. We gather accident reports, medical records, witness statements, photographs, and any available video. Plaintiffs have to prove negligence to win a wrongful death lawsuit, and building that proof starts immediately. Where multiple parties are involved, we trace liability to everyone whose conduct contributed to the death.
Families should not have to navigate probate alone. We help determine whether a personal representative needs to be formally appointed, guide the family through that process, and coordinate with all eligible heirs so the claim properly represents everyone’s interests. Where the presumptive personal representative path under Utah Code 78B-3-106.5 applies, we explain the affidavit, notice, and waiting period requirements.
Insurers often push early settlements that do not reflect the full scope of a family’s losses. We handle communications with the carriers so grieving families are not fielding pressure tactics. The goal is compensation that accounts for the full range of economic and non-economic damages, not just the immediate medical bills and funeral costs.
When an insurer or the responsible party refuses to offer fair compensation, we file suit and prepare the case for trial. A wrongful death lawsuit can take months or years to resolve, and we represent families through every stage. If you are still deciding who to hire, our guide on choosing a wrongful death lawyer in Utah covers the questions worth asking.
Robert J. DeBry & Associates maintains offices in Salt Lake City and Sandy and represents families throughout the state. We represent clients in wrongful death claims regardless of where in Utah the death occurred. Our attorneys work with Utah-specific rules, including the wrongful death statute, the statute of limitations, comparative fault, and the procedural requirements that apply when a government entity is a defendant. Families in the metro area can also read our Salt Lake City wrongful death lawyer page.
If your family cannot travel to one of our offices, we will come to you. To speak with our team, call 801-888-8888 or request a free consultation online. No cost and no obligation.
A wrongful death claim is a civil lawsuit filed when a person’s death is caused by the wrongful act or negligence of another party, governed by Utah Code 78B-3-106. It is distinct from criminal charges. A criminal case is brought by the government to punish a defendant, while a wrongful death action is brought by the family to seek compensation for their losses.
The personal representative of the deceased person’s estate files on behalf of the heirs. Heirs include the spouse, children including adopted children, parents including adoptive parents, and certain stepchildren. If no personal representative has been appointed, the court can appoint one through probate, or a presumptive personal representative may act under specific statutory conditions. See who can file for the full order.
Two years from the date of death under Utah Code 78B-2-304. Claims involving a government entity require a written notice of claim within one year. These deadlines are firm, and missing them generally bars the family from any recovery.
Robert J. DeBry and Associates handles wrongful death cases on a contingency fee basis. There are no upfront attorney fees, and a fee is collected only if we recover compensation for your family. Ask about case costs separately, since costs and attorney fees are two different things.
Compensation can include medical expenses incurred before death, funeral and burial costs, lost income and financial support, and non-economic losses such as loss of companionship and guidance. Punitive damages may be available for egregious conduct. The amount depends on earning capacity, life expectancy, the family relationship, and the circumstances of the death. See wrongful death damages.
If your family has lost someone because of another party’s negligence, the sooner an investigation begins, the more evidence there is to work with. There is no cost and no obligation to talk with us.
Call 801-888-8888 or complete our free consultation form to speak with a Utah wrongful death attorney. Available 24/7.
Robert J. DeBry & Associates | 801-888-8888 | Salt Lake City | Sandy
This is general information, not legal advice. Contacting Robert J. DeBry & Associates or submitting a form does not create an attorney-client relationship.
Browse the full library of Utah wrongful death guides.
How to File a Wrongful Death Claim in UtahUtah Wrongful Death FAQ