Utah Wrongful Death Statute Limitations

Utah Code Section 78B-2-304(3) establishes a two-year statute of limitations for wrongful death actions, requiring that any lawsuit for damages caused by the wrongful act or neglect of another be filed within two years of the death, with specific rules governing when the cause of action accrues and limited exceptions for minors and other circumstances.

Last updated: July 2026

What is the statute of limitations for wrongful death claims in Utah?

Utah Code Section 78B-2-304(3) provides that an action “for recovery of damages for a death caused by the wrongful act or neglect of another” must be brought within two years. This two-year limit applies to all wrongful death claims regardless of the underlying cause of death, whether from a car accident, medical malpractice, product defect, premises liability, or intentional misconduct. The two-year period is strict and is generally not subject to extension or tolling except in limited circumstances.

The two-year statute of limitations is found in the general statutes of limitations chapter of the Utah Code, not in the wrongful death act itself. This means it applies uniformly to all wrongful death claims rather than varying based on the underlying legal theory. For example, a wrongful death claim arising from a car accident and a wrongful death claim arising from a slip and fall accident are both subject to the same two-year limit, even though personal injury claims for those same accidents would have different limitations periods.

The wrongful death statute of limitations is distinct from the limitations period for survival actions. While the wrongful death claim must be filed within two years of death, the survival action (which continues the decedent’s own personal injury claim) is governed by the limitations period that would have applied had the decedent survived. This means a survival action may have a different deadline than the wrongful death claim, even though both arise from the same incident.

When does the statute of limitations begin to run for a wrongful death claim?

Generally, the two-year statute of limitations for a wrongful death claim under Utah Code Section 78B-2-304(3) begins to run on the date of death. This is because the cause of action for wrongful death does not exist until the death occurs. Even if the underlying injury that caused the death happened years earlier, the wrongful death claim accrues at the moment of death. For example, if a patient dies in 2026 from a surgical error that occurred in 2024, the two-year period for the wrongful death claim runs from the 2026 date of death, not from the 2024 date of the surgery.

However, determining the exact date the statute begins to run can be complicated in cases where the cause of death is not immediately known. If a death occurs but the family does not discover until later that the death was caused by someone else’s wrongful conduct, the discovery rule may delay the start of the limitations period. Utah courts have applied the discovery rule in wrongful death cases to prevent the statute from running before the plaintiff knew or reasonably should have known that the death was caused by the defendant’s misconduct.

It is important to note that the discovery rule in wrongful death cases is not uniformly applied and may be more limited than in personal injury cases. Some Utah decisions have held that the statute runs from the date of death regardless of when the cause of death is discovered, particularly in cases where the death itself gave the plaintiff reason to investigate. Given this uncertainty, it is critical to treat the date of death as the presumptive start of the limitations period and not to rely on the discovery rule without first consulting an attorney.

How does the statute of limitations apply to wrongful death claims against government entities?

Wrongful death claims against Utah state or local government entities are subject to additional and shorter deadlines under the Utah Governmental Immunity Act. While the general wrongful death statute of limitations is two years, claims against government entities typically require the plaintiff to file a notice of claim within one year of the death. This notice requirement is found in Utah Code Section 78B-4-101 et seq. and is a mandatory prerequisite to filing a lawsuit against a government entity.

The notice of claim must be filed with the appropriate government entity within one year after the claim arose. If the notice is not filed within one year, the claim is barred. After filing the notice, the government entity has a specified period to approve or deny the claim before the plaintiff can file a lawsuit. The lawsuit must then be filed within the general two-year wrongful death statute of limitations, which may be further limited by the one-year notice requirement.

Examples of government entities that might be defendants in wrongful death actions include the state of Utah, counties, cities, school districts, and public hospitals such as University of Utah Health. Anyone considering a wrongful death claim against a government entity should be aware that the deadlines are much shorter and the procedural requirements are more stringent than for claims against private entities.

Are there exceptions to the two-year wrongful death statute of limitations?

The two-year statute of limitations for wrongful death claims under Utah Code Section 78B-2-304(3) has limited exceptions. One exception involves claims where the death resulted from a cause that was fraudulently concealed by the defendant. Utah law may toll the statute of limitations in cases where the defendant actively concealed the connection between their conduct and the death, preventing the plaintiff from discovering the claim within the two-year period.

Another potential exception involves claims involving minors. If the wrongful death beneficiaries include minors, some courts have held that the statute of limitations may be tolled during the minority of the beneficiaries. However, Utah law on this point is not entirely settled, and relying on a minor-tolling exception without legal advice is risky. The safer approach is to assume the two-year limit applies to all beneficiaries and to file the claim within that period.

The statute of limitations may also be affected by the defendant’s absence from the state. If the defendant is not a Utah resident and cannot be served with process within the state, the statute may be tolled during the period of absence. However, this exception generally does not apply to defendants who are subject to the long-arm jurisdiction of Utah courts, which includes most out-of-state defendants who conducted business or committed torts in Utah.

What happens if a wrongful death claim is not filed within the two-year period?

If a wrongful death claim is not filed within the two-year statute of limitations under Utah Code Section 78B-2-304(3), the claim is permanently barred. The defendant may file a motion for summary judgment or a motion to dismiss based on the expiration of the statute of limitations. If the court finds that the limitations period has expired, the case will be dismissed with prejudice, and the plaintiff will never be able to bring the claim again.

Utah courts strictly enforce the statute of limitations in wrongful death cases. Unlike some other types of claims, there is generally no equitable tolling or extension available for wrongful death claims, except in the limited circumstances discussed above. Even a delay of one day past the two-year deadline can result in dismissal of the claim. The loss of a valid claim due to a missed deadline is particularly tragic because it prevents the family from obtaining any compensation regardless of how strong the underlying case may be.

The best way to avoid missing the statute of limitations is to consult with an experienced Utah wrongful death attorney as soon as possible after the death. An attorney can determine the exact deadline for the claim, identify any special circumstances that might affect the limitations period, and ensure that all necessary paperwork is filed well before the deadline expires. Waiting too long to seek legal advice is the most common reason families lose their right to pursue a wrongful death claim.

When should I contact an attorney about the wrongful death filing deadline?

You should contact an attorney immediately after the death of a loved one if you suspect the death was caused by someone else’s wrongdoing. The two-year statute of limitations under Utah Code Section 78B-2-304(3) passes quickly, and the one-year notice requirement for claims against government entities is even shorter. An experienced Utah wrongful death attorney can ensure that all deadlines are met and that your family does not lose the right to seek compensation due to a procedural technicality.

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.