Robert J. DeBry and Associates has represented Utah families from a downtown Salt Lake City office since 1981. Wrongful death cases in Salt Lake County proceed through the Third District Court, and the personal representative appointment that has to happen first runs through Salt Lake County probate. Consultations are free and there is no fee unless we recover compensation.
A wrongful death claim is a civil action for compensation brought by surviving family members or the personal representative of the estate. Under Utah Code 78B-3-106, when a death results from the wrongful act or neglect of another party, eligible family members have the right to pursue compensation for their losses. This page covers how those claims work in Salt Lake County, the case types we see most often here, and the deadlines that apply. For the statewide overview, see Utah wrongful death attorney.
A wrongful death occurs where the deceased person would have had a valid personal injury claim had they survived. Utah law allows claims for deaths caused by wrongful acts, negligence, or default of another person or entity. The same conduct that would support a personal injury claim during someone’s lifetime can support a wrongful death claim after their death.
Under Utah Code 78B-3-105, heirs eligible to bring the action are the surviving spouse, children including adopted children, natural or adoptive parents, stepchildren under 18 who were financially dependent on or resided with the deceased, and, if none of those survive, blood relatives under Utah’s intestate succession rules.
The personal representative of the estate typically files on behalf of all heirs. Where there are multiple heirs, they bring one action together rather than separate suits. If the person who died was under guardianship, a guardian may initiate the action for the benefit of the heirs. Full detail is on who can file a wrongful death lawsuit in Utah.
Utah Code 78B-2-304 gives families two years from the date of death to file. Missing it almost always results in permanent dismissal.
Where the responsible party is a government entity or government employee, the timeline is shorter. The Governmental Immunity Act requires a written notice of claim within one year under Utah Code 63G-7-402. Failing to serve that notice bars the claim even if the two-year deadline has not passed. The steps that come first, including appointing a personal representative and gathering records, take time, so see how to file a wrongful death claim in Utah and start early.
Our Salt Lake City office is at 35 West Broadway, Suite 300, Salt Lake City, UT 84101. The downtown location gives families convenient access for in-person meetings.
Robert J. DeBry and Associates has served Salt Lake City families since 1981. That presence means familiarity with the local hospitals where medical records have to be obtained, knowledge of accident locations across Salt Lake County, and established relationships in the community.
Wrongful death cases in Salt Lake County proceed through the Third District Court. Our attorneys handle claims in that court regularly, which means working knowledge of local procedures, filing requirements, and case management practices.
County probate experience matters just as much. Appointing a personal representative, which is usually required before a wrongful death lawsuit can proceed, runs through probate proceedings.
From our Salt Lake City office, wrongful death lawyers begin a thorough investigation into the circumstances of the death, gathering evidence and interviewing witnesses while the record is still intact. We work to establish the full value of the claim, accounting for both immediate losses and the long-term financial impact on the family, and we handle negotiations with the insurers.
Our contingency fee structure means no upfront costs and no legal fee unless we achieve a recovery. For what to ask any firm you are considering, see choosing a wrongful death lawyer in Utah.
Most wrongful death cases here arise from preventable incidents where another party’s negligence caused fatal injuries. These are the types we see most often.
The I-15 and I-80 corridors through Salt Lake City carry heavy traffic, and fatal crashes on those interstates often involve high-speed and multi-vehicle collisions during rush hour, distracted or impaired drivers, and winter conditions that deteriorate quickly. See wrongful death after a car accident in Utah for how those claims work.
Downtown Salt Lake City presents particular risks for people on foot. Crosswalk collisions near TRAX stations, the convention center area, and the central business district account for pedestrian fatalities each year, along with vehicles striking pedestrians in parking lots and loading zones. These cases require prompt investigation to secure surveillance footage and witness statements before the evidence is gone.
Medical malpractice wrongful death cases at Salt Lake City hospitals may involve surgical errors, delayed diagnosis that allowed a treatable condition to become fatal, medication mistakes, hospital-acquired infections, or emergency room failures. These require detailed medical records review and consultation with medical professionals to establish that the standard of care was breached.
Fatal falls from construction sites, industrial equipment failures, and exposure to hazardous conditions are common in the area’s active construction industry. In many workplace fatality cases, third-party liability exists beyond workers compensation, for example where a property owner, equipment manufacturer, or subcontractor contributed to the death. Nursing home neglect can also give rise to a wrongful death claim.
Utah Code 78B-3-106 provides that damages may be awarded as under all the circumstances of the case may be just, which covers a broad range of losses. Economic damages include medical bills incurred between injury and death, funeral and burial expenses, lost income and employment benefits, and the loss of financial support and household services. Non-economic damages cover loss of companionship, grief and emotional suffering, and loss of guidance and nurturing.
Punitive damages may be available in limited cases where conduct was especially egregious. Utah does not impose a general cap on non-economic damages in wrongful death cases. For the full breakdown, see wrongful death damages and compensation in Utah.
To succeed, the family must establish that the defendant owed a duty of care to the person who died, breached that duty, and that the breach directly caused the death and resulting damages. Evidence typically includes medical records, incident reports, witness testimony, expert analysis, and documentation of economic losses.
Utah applies modified comparative fault under Utah Code 78B-5-818, which means the outcome may be affected if the person who died shared some responsibility for what happened. A wrongful death claim is distinct from criminal charges and can proceed whether or not charges are filed.
Insurers often extend early offers before a family understands the full value of the claim. Those offers rarely account for future earnings the person would have made, the long-term loss of financial security, or the full scope of non-economic damages. Our approach is to complete the damages assessment before engaging in settlement discussions.
Surveillance video gets overwritten, physical evidence at crash sites gets cleaned up, and witness memories fade. Our investigation prioritizes securing that evidence early, including incident reports, medical records, and scene documentation. In premises and workplace cases this is especially urgent, because owners and employers may alter conditions at the site.
The process requires meeting strict deadlines, filing paperwork, and navigating court procedures while a family is dealing with profound loss. We handle the procedural demands, including the personal representative appointment, the two-year statute of limitations, and any required government notice within the one-year deadline.
Our Salt Lake City office serves families throughout the metro area, including:
We also provide statewide representation from the Salt Lake City office and our Sandy location. To discuss your family’s situation, call 801-888-8888 for a free case evaluation.
Yes. Robert J. DeBry and Associates practices wrongful death law from our Salt Lake City office at 35 West Broadway, Suite 300, Salt Lake City, UT 84101. We have represented Utah families in wrongful death cases since 1981 and offer a free consultation.
35 West Broadway, Suite 300, Salt Lake City, UT 84101, in the downtown area.
Utah Code 78B-2-304 sets a two-year statute of limitations running from the date of death. If the claim involves a government entity or government employee, a written notice of claim must be filed within one year under Utah Code 63G-7-402. Missing either deadline can permanently bar the claim.
Wrongful death lawyers in Utah typically work on a contingency fee basis, meaning no upfront legal fees and a fee only as a percentage of any recovery. Robert J. DeBry and Associates follows that model and offers a free consultation. Ask about case costs separately, since costs and attorney fees are handled differently.
Salt Lake City, Salt Lake County, and the entire state of Utah. The office handles cases from West Valley City, Murray, Millcreek, South Salt Lake, and surrounding communities, and we maintain a second office in Sandy.
This is general information, not legal advice. Contacting Robert J. DeBry & Associates or submitting a form does not create an attorney-client relationship.