Utah Code Section 78B-3-106(4) provides that damages in wrongful death actions may be given as under all the circumstances of the case may be just, allowing recovery of both economic losses such as lost financial support and medical expenses, and noneconomic losses such as loss of companionship, comfort, and society suffered by the deceased person’s heirs.
Last updated: July 2026
Key Takeaways
- Wrongful death damages in Utah are governed by the broad standard of “as under all the circumstances of the case may be just” under Section 78B-3-106(4).
- Economic damages include lost financial support, lost services, funeral and burial expenses, and medical expenses incurred before death.
- Noneconomic damages include loss of companionship, comfort, care, society, and protection.
- In medical malpractice wrongful death cases, noneconomic damages are capped at $450,000 under Utah Code Section 78B-3-410.
- Punitive damages may be available in wrongful death cases involving willful and malicious conduct under Utah Code Section 78B-8-201.
What types of damages are recoverable in a Utah wrongful death action?
Utah Code Section 78B-3-106(4) provides that in a wrongful death action, “damages may be given as under all the circumstances of the case may be just.” This broad language gives courts and juries significant discretion to award compensation for the full range of losses suffered by the heirs as a result of the death. Utah law recognizes two main categories of wrongful death damages: economic damages and noneconomic damages.
Economic damages in wrongful death cases include the loss of the financial support that the decedent would have provided to their heirs. This is calculated based on the decedent’s income, earning capacity, work-life expectancy, and the proportion of income that would have been used for the benefit of the heirs. Expert economic testimony is typically required to calculate these losses. Other economic damages include the loss of the value of household and personal services the decedent would have performed, as well as reasonable funeral and burial expenses.
Noneconomic damages compensate the heirs for intangible losses that cannot be measured precisely. These include loss of companionship, comfort, care, society, and protection. The surviving spouse may also recover for loss of consortium, which includes the loss of love, affection, companionship, and sexual relations. Each heir is entitled to recover for their own individual loss, meaning that damages are not a single sum for the family but are allocated among the various heirs based on their relationship with the decedent.
How is loss of companionship calculated in Utah wrongful death cases?
Loss of companionship is often the largest component of noneconomic damages in Utah wrongful death cases. It compensates the heirs for the loss of the decedent’s love, affection, guidance, companionship, and society. Unlike economic damages, which can be calculated with some precision, loss of companionship damages are inherently subjective and are determined by the jury based on the evidence presented about the relationship between the decedent and each heir.
Utah courts allow juries to consider a wide range of factors in determining loss of companionship damages, including the nature and quality of the relationship between the decedent and each heir, the age of the decedent and the heirs, the decedent’s role in the family, the frequency of contact and interaction, and any special circumstances such as the decedent’s role as a caregiver for a dependent family member. The jury is instructed to award an amount that fairly and reasonably compensates the heirs for the loss they have suffered.
There is no fixed formula for calculating loss of companionship damages in Utah. Each case is unique, and the amount awarded can vary widely depending on the facts. Factors that may increase the award include a particularly close relationship, a decedent who was the primary caregiver for young children, or a decedent who provided substantial emotional support to a dependent family member. Factors that may decrease the award include a distant or estranged relationship or the presence of other family members who can provide similar support.
Are wrongful death damages taxable in Utah?
Under federal tax law, damages received in a wrongful death action are generally not taxable as income to the recipients. This includes both economic and noneconomic damages. The tax-free treatment applies regardless of whether the damages are received through a settlement or a judgment. The rationale is that wrongful death damages are intended to compensate for a loss, not to provide a financial gain, and are therefore excluded from gross income under the Internal Revenue Code.
However, there are important exceptions. Damages awarded for lost wages or lost earning capacity that would have been taxable if the decedent had lived may still be considered compensation for a loss and are not taxable to the recipients. But if the wrongful death settlement or judgment includes interest, the interest portion may be taxable as ordinary income. Additionally, if the damages are structured as periodic payments, the tax treatment of the interest component may differ.
The tax treatment of wrongful death damages can affect settlement negotiations and the overall value of a recovery. Because damages are generally tax-free, plaintiffs do not need to set aside part of the award for income taxes. However, the tax implications should be discussed with a qualified tax professional or attorney, as each case may present unique issues. The calculation of lost earning capacity should reflect the after-tax value of the decedent’s earnings, since the damages themselves are not taxed.
How are wrongful death damages allocated among multiple heirs?
When a wrongful death action involves multiple heirs, the damages must be allocated among them based on their respective losses. The personal representative or guardian who brings the action under Utah Code Section 78B-3-106 holds the recovery in trust for the benefit of the heirs. After deducting attorney fees, costs, and expenses, the remaining proceeds are distributed to the heirs according to their proportional shares of the total damages.
The allocation of damages among heirs is not always equal. An adult child who was financially dependent on the decedent may receive a larger share of economic damages than an adult child who was financially independent. A surviving spouse who lived with the decedent for many years may receive a larger share of loss of companionship damages than an estranged sibling. The court may review the allocation for fairness, and disputes among heirs over allocation can complicate the distribution of the recovery.
In some cases, the wrongful death damages may need to be allocated between the wrongful death claim and a survival action brought on behalf of the estate. The survival action recovers damages that the decedent could have recovered had they lived, such as medical expenses incurred before death, lost wages between injury and death, and the decedent’s own pain and suffering. These damages belong to the estate and are distributed according to the decedent’s will or Utah’s intestacy laws, not according to the wrongful death heirship rules.
Can punitive damages be awarded in a Utah wrongful death case?
Punitive damages may be available in wrongful death cases in Utah when the defendant’s conduct meets the heightened standards of Utah Code Section 78B-8-201. The plaintiff must prove by clear and convincing evidence that the defendant’s acts or omissions were the result of willful and malicious conduct, intentionally fraudulent conduct, or conduct manifesting a knowing and reckless indifference toward and a disregard of the rights of others. This is a significantly higher standard than the preponderance of the evidence standard that applies to compensatory damages.
In wrongful death cases, punitive damages serve the same purposes as in other civil cases: to punish the defendant for particularly egregious conduct and to deter the defendant and others from engaging in similar conduct in the future. However, punitive damages are rarely awarded in wrongful death cases based on simple negligence, no matter how tragic the death. The conduct must rise to the level of intentional wrongdoing or conscious disregard for human safety.
If punitive damages are awarded, Utah Code Section 78B-8-201(3) requires that the first $50,000 of the punitive award go to the injured party. Any amount exceeding $50,000 is divided equally between the injured party and the state. The state’s share is deposited into the General Fund or the Victim Services Restricted Fund depending on when the payment is received. This division with the state can significantly reduce the net benefit of punitive damages to the heirs.
Frequently Asked Questions
What is the average wrongful death settlement in Utah?
There is no average settlement amount because each case depends on unique facts, including the decedent’s age, income, relationship with heirs, and the strength of liability. An attorney can provide a case-specific evaluation.
Can a surviving spouse recover for loss of consortium in a wrongful death case?
Yes. Loss of consortium is a recognized component of noneconomic damages recoverable by a surviving spouse and includes loss of love, companionship, affection, and sexual relations.
Are funeral expenses recoverable in a Utah wrongful death claim?
Yes. Reasonable funeral and burial expenses are recoverable as economic damages in a wrongful death action.
How are damages calculated for the death of a minor child in Utah?
Damages for the death of a minor child include loss of companionship, loss of the child’s expected future financial contributions, and medical and funeral expenses. The loss of companionship is often the largest component.
Can siblings recover damages for the wrongful death of a brother or sister?
Yes, if the sibling qualifies as an heir under Utah law. The amount depends on the nature of the relationship and the extent of the loss suffered.
Does the decedent’s comparative fault reduce wrongful death damages?
Yes. Under Utah Code Section 78B-5-818, the decedent’s percentage of fault reduces the total damages recoverable by the heirs. If the decedent was 50% or more at fault, the claim is barred entirely.
Can damages be recovered for the decedent’s pain and suffering before death?
Yes, but this is part of a survival action, not the wrongful death claim. The survival action continues the decedent’s own claim for damages suffered before death, including pain and suffering.
How long does it take to resolve a wrongful death case in Utah?
The timeline varies widely. Some cases settle within months, while others may take two to three years or longer if they go to trial. The complexity of the liability and damages issues significantly affects the timeline.
When should I discuss damages with a Utah wrongful death attorney?
If you have lost a loved one due to someone else’s wrongdoing, you should discuss damages with an experienced Utah wrongful death attorney as soon as possible. The calculation of damages in a wrongful death case is complex and depends on many factors including the decedent’s earning capacity, life expectancy, the nature of the relationship with each heir, and the applicable legal standards. An attorney can help identify and quantify all categories of damages, ensure that the proper beneficiaries are included, and work to maximize the recovery for your family within the framework of Utah law.
Injured in an accident in Utah? Jeremy D. Eveland, MBA, JD, can help you understand your legal rights and pursue the compensation you deserve.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.
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