Typically, the wrongful death statute of limitations is two years from the date of the death. Wrongful death is a lawsuit filed against an at-fault party for causing the death of another person. Taking legal action with a Utah wrongful death lawyer is critical to preserving the right to recover your losses.
The General Rule on the Statute of Limitations in Utah Is Two Years
In most situations, the family or the representative of the deceased’s estate has two years from the date of death to pursue legal action against the at-fault party. If the party misses that window, the court may not be willing to hear the case, and, therefore, the family or estate cannot file a claim for the losses suffered.
As a law, the statute of limitations aims to limit the opportunities for parties to file claims years after the death of the individual. The longer it takes to bring such claims, the more challenging it is to have legal evidence to prove the loss and the fault behind it. It is often best, then, to pursue legal action as soon as possible.
Waiting too long is not desirable, but rushing into a settlement too soon can also be limiting to the estate of the person who has died. By working with a proven Utah wrongful death attorney, you minimize the risk of not seeking full and fair compensation under the law. There are several times when the wrongful death statute of limitations may differ.
For a free legal consultation, call (801) 266-0999
Within One Year if the Claim Is Against a Government Entity
One of the most significant limitations on the wrongful death statute of limitations in Utah pertains to claims against government entities. That might include the local government for the city or county, as well as service providers such as government-owned bus systems. In these situations, you have just one year to file a claim, as defined by Utah Code § 78B-2-304.
Some examples of when a government entity may be to blame for wrongful death include:
- Unsafe conditions on public property that lead to death
- Negligence by law enforcement officers or guards
- Accidents involving government vehicles
- Malpractice cases that occur in a government-run medical facility
- Failure to maintain infrastructure
- Postal worker-related accidents
- Death in a VA hospital due to misconduct
- Construction zones managed by the city
This shortened window is one of the most critical factors to know if you believe your loved one died as a result of any type of government action or inaction. It must relate back specifically to a government entity to fall under this timeline restriction. Be sure to speak with a Utah personal injury lawyer as soon as possible.
Longer if a Judge Allows It
In some situations, a wrongful death deadline may be extended if a judge rules that it is necessary to do so. This typically falls under the Discovery Rule, which means that the estate or the family did not and could not have known what caused the death within the two-year timeframe, but learned of it later. A judge can decide that the family can still take legal action.
For example, in situations where the family is facing the death of a child they believe is due to an accident but learn three years later that the child’s death was due to a teacher’s negligence, there may be more time available. In these types of situations, the family or estate, or more often than not, the attorney representing the estate, will need to petition the court to request an alteration of the statute of limitations. The court does not have to grant these decisions.
It can be very challenging to prove that the family was unaware of the incident within the legal statute of limitations. That can make it more challenging for family members or the estate in general to take legal action beyond the two-year timeframe. If you believe your loved one’s death warrants additional time, seek out guidance from a Utah wrongful death attorney to pursue the legal actions necessary.
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Two Years from a Minor Turning 18
Another exception to the statute of limitations in wrongful death applies when the incident occurred while the likely party to take action was a minor. In that case, the statute of limitations may be extended to two years from their 18th birthday. This applies when the child was responsible for deciding to seek compensation and did not do so because they were a minor.
Young adults do not always understand that they may need to make these decisions quickly. For this reason, it is often crucial to hire a wrongful death attorney in Utah who can work diligently to pursue legal action within the limitations. Even if the timeframe seems too late, an attorney may still be able to help. Review our FAQs to learn more.
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Do Not Wait to Seek Legal Guidance
When you feel that someone else is responsible for your family member’s death, seek legal guidance from an experienced wrongful death lawyer in Utah. During a free consultation, your Utah personal injury attorney from Siegfried & Jensen will review the details of your situation.
Our lawyers have decades of combined experience. We will use our knowledge and skills to determine if an extension of the statute of limitations for wrongful death in Utah might be necessary and how to pursue it. Contact us now to get started on your case.
Call or text (801) 266-0999 or complete a Free Case Evaluation form