Who can file a wrongful death lawsuit in Utah? A personal representative or an immediate family member serving as a presumptive personal representative can file a wrongful death lawsuit.
If you lose a family member to a preventable death caused by someone else, a Utah wrongful death lawyer from Siegfried & Jensen can identify the appropriate personal representative and take your claim through the legal process.
A Personal Representative Files a Wrongful Death Lawsuit
One person eligible for pursuing a wrongful death lawsuit in Utah is the decedent’s personal representative. A personal representative could be the executor named in the deceased’s will. If there is no will, the probate court can appoint a representative.
A party seeking appointment must file an application with the Utah probate court. If heirs of equal or higher status sign a waiver, the court can appoint the applicant without a hearing. If there are disputes, the court will require a hearing before making an official appointment.
The appointed representative manages the deceased’s estate and works with an attorney to file the lawsuit and make sure heirs receive their proper share of the lawsuit’s proceeds. Speak to one of our attorneys at Siegfried & Jensen to learn more.
For a free legal consultation, call (801) 266-0999
Immediate Family Members May Be Eligible to File a Wrongful Death Lawsuit in Utah
The deceased may have a will, but one that doesn’t specifically name a personal representative. Per Utah Code 78B-3-106.5, an immediate family member can take the role of “presumptive personal representative” and file a wrongful death lawsuit.
Family members can take the role provided they did not contribute to the death of the decedent or are incapacitated. The legal hierarchy first allows the deceased’s spouse to file, followed by the deceased’s adult children. If there is no capable spouse or adult children, the deceased’s parents can fill the role.
Siegfried & Jensen can determine if other family members can serve in more complicated scenarios.
When the Deceased Is a Minor
The victim of a wrongful death could be a minor. When that happens, the following people can file a lawsuit:
- The child’s natural or adoptive parents
- An executor of the minor’s estate or an appointed personal representative
- The child’s legal guardian
Parents, or a personal representative on their behalf, may have grounds to file a wrongful death lawsuit for the death of a viable unborn child.
In Utah, Only One Person Can File a Wrongful Death Lawsuit
The deceased may have multiple surviving family members, but only one person can serve as a personal representative, and only one lawsuit can be filed for the deceased’s wrongful death. The personal representative files the lawsuit on behalf of eligible heirs. Utah Code 78B-3-105 establishes the following parties as heirs who can recover for wrongful death:
- The deceased’s spouse
- The deceased’s children
- The deceased’s natural or adoptive parents
- Stepchildren who are younger than 18 and who received financial support from the decedent at the time of death, or who lived with the decedent at least part-time at the time of death
- Blood relatives according to the laws of intestate succession if there is no surviving spouse, children, or parents
The wrongful death attorneys at Siegfried & Jensen can help you file a wrongful death lawsuit in Utah and ensure heirs get the compensation due to them.
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There Must Be a Valid Claim for Anyone to File
A personal representative can only file a wrongful death lawsuit in Utah if there are actual legal grounds for filing. Utah Code 78B-3-106 allows a personal representative to file “when the death of a person is caused by the wrongful act or neglect of another.”
Siegfried & Jensen can review your situation and determine if you have a valid claim. We offer free case reviews, so there is no financial risk in reaching out. Our team also knows what proof is needed in a wrongful death case and can build a strong case on solid evidence.
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No Matter Who Files, It Must Be Within the Legal Deadline
Connect with Siegfried & Jensen as soon as possible after your loved one’s wrongful death. With a fast partnership, we can start investigating and collecting evidence immediately, while it is more easily accessed. You also avoid missing the legal filing deadline. The wrongful death statute of limitations in Utah is two years in most situations.
For claims against the government, the deadline is one year. Sometimes, the court allows deadline extensions, often under the discovery rule. This rule applies if the decedent’s family or estate “did not and could not have known what caused the death within the two-year timeframe, but learned of it later.”
While our team will work to secure compensation through negotiations and without a trial, going to court may prove necessary. The personal representative must file within the statute of limitations to benefit from the right to fight at trial.
Get Help Filing a Wrongful Death Lawsuit in Utah from an Experienced Attorney
Whether you’ve been named as the personal representative, are part of the deceased’s surviving family, or hold both identities, Siegfried & Jensen is here to help. We can deal with all the legalities of your claim and potential lawsuit. Our goal is to get beneficiaries justice for the unnecessary death of their loved one and compensation for all related losses.
Utah’s laws codify specific procedures for following through with a claim, and our team can carry them out with efficiency. We have been handling personal injury and wrongful death claims for over 35 years and know how to deliver the most favorable results possible.
A wrongful death claim in Utah can produce economic and non-economic damages. Those who can recover for wrongful death may receive compensation for end-of-life costs, loss of the deceased’s income and contributions to the household, and related medical expenses. They can also get financial acknowledgment for their emotional anguish and loss of companionship and affection.
Your Family Deserves Justice
Wrongful deaths are preventable deaths. Had the at-fault party shown more care, your loved one would not have died, and your family would not be suffering. Siegfried & Jensen wants to see your family get justice.
We can help the appropriate person file a wrongful death lawsuit in Utah and demand accountability. Connect with us today so we can fight for the compensation your family deserves.
Call or text (801) 266-0999 or complete a Free Case Evaluation form