Utah Wrongful Death Laws

Utah Code Section 78B-3-106 allows the heirs or personal representative of a deceased person to maintain a wrongful death action for damages caused by the wrongful act or neglect of another, providing compensation for the losses suffered by surviving family members when negligence or misconduct causes a death.

Last updated: July 2026

What are the legal elements of a wrongful death claim in Utah?

A wrongful death claim in Utah requires proof of several elements. First, the plaintiff must show that a person died. Second, the death must have been caused by the wrongful act or neglect of another person or entity. Third, the plaintiff must be someone who is legally authorized to bring the claim under Utah Code Section 78B-3-106. Fourth, the plaintiff must demonstrate that the death resulted in damages that are compensable under the statute.

The phrase “wrongful act or neglect” in Utah Code Section 78B-3-106(1) encompasses claims based on negligence, recklessness, intentional misconduct, strict liability, and other legal theories that would have supported a personal injury claim had the victim survived. The same substantive law that would apply to the victim’s personal injury claim applies to the wrongful death claim, including the elements of negligence, comparative fault under Utah Code Section 78B-5-818, and any applicable statutes of limitations.

Utah courts have interpreted the wrongful death statute broadly to allow recovery for a wide range of misconduct, including medical malpractice, car accidents, workplace accidents, product defects, premises liability, and intentional torts. The key question is whether the defendant’s conduct was a legal cause of the death. If the death would not have occurred but for the defendant’s conduct, and the death was a foreseeable result of that conduct, the causation element is satisfied.

Who may bring a wrongful death action in Utah?

Utah Code Section 78B-3-106(1) provides that an action for wrongful death may be maintained by “his heirs, or his personal representatives for the benefit of his heirs.” The term “heirs” for purposes of the wrongful death statute is defined by reference to Utah Code Section 78B-3-105, which generally refers to the persons who would inherit the decedent’s property under Utah’s intestacy laws if the decedent died without a will.

The personal representative of the deceased person’s estate may bring the action for the benefit of the heirs. Under Utah Code Section 78B-3-106(3), “the action may be brought by either the personal representatives of the adult deceased person, for the benefit of the person’s heirs, or by the guardian for the benefit of the heirs, as defined in Section 78B-3-105.” This allows flexibility in who files the lawsuit, but the recovery is always for the benefit of the heirs, not for the estate itself (except for survival claims which are separate).

If the deceased person had a guardian at the time of death, Utah Code Section 78B-3-106(2) provides that only one action may be maintained for the person’s injury or death. This prevents multiple lawsuits from being filed by different parties seeking recovery for the same death. The personal representative or guardian who files the action must do so on behalf of all potential beneficiaries.

What damages are recoverable in a Utah wrongful death action?

Utah Code Section 78B-3-106(4) provides that in every wrongful death action, “damages may be given as under all the circumstances of the case may be just.” This broad language gives Utah courts and juries significant discretion to determine the appropriate amount of compensation based on the specific facts of each case. However, Utah law has developed specific categories of damages that are recoverable in wrongful death cases.

Economic damages in wrongful death cases include the loss of financial support that the decedent would have provided to their heirs, the loss of the value of services the decedent would have performed, and the reasonable funeral and burial expenses. These damages are calculated based on the decedent’s earning capacity, life expectancy, and the extent to which the heirs depended on the decedent for financial support. Expert testimony from economists or vocational specialists is often used to calculate these losses.

Noneconomic damages include the loss of companionship, comfort, care, society, and protection that the heirs have suffered as a result of the death. Utah courts recognize that the loss of a loved one causes intangible harm that cannot be measured precisely, but juries are instructed to award a sum that fairly and reasonably compensates the heirs for these losses. There is generally no statutory cap on noneconomic damages in wrongful death cases that are not governed by the medical malpractice damages cap, though the evidence must support the amount awarded.

How does Utah’s comparative fault law apply to wrongful death claims?

Utah Code Section 78B-5-818 applies to wrongful death claims as it does to other negligence-based actions. If the deceased person was partially at fault for the accident that caused their death, the total damages recoverable by the heirs are reduced by the percentage of fault attributed to the decedent. If the decedent is found to be 50% or more at fault, the heirs are barred from recovering any damages at all.

The comparative fault analysis in wrongful death cases can be complex because the jury must consider the fault of the decedent, the defendant, and any other persons who contributed to the death. Third parties who are not named as defendants may still be included in the fault allocation, which can reduce the defendants’ proportionate shares of liability. Under Utah’s several-only liability system under Utah Code Section 78B-5-820, each defendant is liable only for their allocated percentage of fault, unless a defendant is found 50% or more at fault, in which case joint liability for economic damages may apply.

The application of comparative fault to wrongful death claims means that the conduct of the deceased person will be scrutinized in every case. Defendants routinely argue that the decedent’s own negligence contributed to the death, and plaintiffs must be prepared to address this defense with evidence and testimony. Cases involving car accidents, workplace incidents, and recreational activities are particularly likely to involve comparative fault issues.

What is the relationship between wrongful death and survival actions in Utah?

Utah law distinguishes between wrongful death claims and survival actions. A wrongful death claim under Utah Code Section 78B-3-106 compensates the heirs for their own losses resulting from the death. A survival action, by contrast, is a claim that belonged to the deceased person before death and continues after death through the estate. The survival action allows the estate to recover damages that the decedent could have recovered had they survived, such as medical expenses incurred before death, lost wages from the injury to death period, and the decedent’s own pain and suffering.

Both a wrongful death claim and a survival action can be brought in the same lawsuit, but they compensate different parties for different losses. The survival action benefits the estate and ultimately passes to the decedent’s heirs or devisees under the will. The wrongful death claim directly benefits the heirs as defined by statute. The damages are separate and distinct, and the plaintiff must prove each category of damages separately.

It is important to note that the survival action is subject to the same defenses that could have been raised against the decedent, including comparative fault. If the decedent was 50% or more at fault for their own injury, the survival action is barred entirely. However, the wrongful death claim may still proceed if the heirs themselves were not at fault, because the claim belongs to the heirs, not to the decedent.

When should I contact an attorney about a Utah wrongful death claim?

The loss of a family member is devastating, and the legal process for a wrongful death claim can seem overwhelming. You should contact an experienced Utah wrongful death attorney as soon as possible after the death. The statute of limitations under Utah Code Section 78B-2-304(3) provides only two years for wrongful death actions, and evidence can be lost or destroyed quickly. An attorney can help identify the legal basis for the claim, determine who the proper heirs are, ensure the personal representative is properly appointed, and gather the evidence needed to prove liability and damages.

About the Author: Stephen Honig is a legal content strategist who writes about Utah personal injury law and related legal topics. His work helps injury victims understand their rights and options under Utah law.

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.