How to File a Wrongful Death Claim After a Fatal Accident in Salt Lake City, Utah

When a loved one dies in a preventable accident, the grief doesn’t stay in one lane. It swerves into anger, confusion, fear, even guilt. And in the middle of that storm, you’re expected to figure out what comes next. How to make sense of it. How to stand up for the person who can’t anymore.

In Utah, families do have the right to file a wrongful death claim when someone else’s actions—whether careless or reckless—caused the death. That legal right doesn’t erase the pain. But it can bring accountability. And sometimes, that’s the first step toward healing.

Here’s what the process usually looks like if you decide to pursue a wrongful death lawsuit in Salt Lake City.

Step 1: Figure Out Who Has the Legal Right to File

Before anything else can move forward, there has to be clarity on who can actually file the claim. Utah law doesn’t leave that open-ended.

Legally, the right to file rests with the personal representative of the person who passed away. This is the person responsible for handling the estate. Sometimes, it’s already named in the will. Other times, the court appoints someone—usually a close family member.

That role is often filled by:

• A surviving spouse
• An adult child
• A parent of the deceased
• Or another heir, depending on the family structure and what the law recognizes under Utah’s succession statutes

If your loved one didn’t have a will, that doesn’t end the process. The court will usually step in and designate someone appropriate. But no matter what, identifying the right person to bring the wrongful death claim is where everything begins. If this part isn’t right, the rest of the case doesn’t stand.

You don’t have to be a legal expert to figure it out. But you do need to ask: Who is legally allowed to speak for the one we lost?

Once that’s clear, everything else can follow.

Step 2: Understand What You’ll Need to Prove

Filing a wrongful death claim in Utah isn’t just about telling the story of what happened—it’s about proving, step by step, that the law recognizes it as something someone must be held responsible for.

To do that, you need to establish a few specific things. Without these, the case doesn’t move forward.

You’ll need to show:

• That the person or company had a duty to act carefully
• That they were negligent, reckless, or failed to act when they should have
• That their actions directly caused the death, and that this would have resulted in a personal injury claim if your loved one had survived
• That damages followed

Let’s say it was a fatal car crash. The driver had a legal duty to operate their vehicle safely. If they were texting, drunk, or just flat-out careless—and that behavior caused the crash—they likely breached that duty. And if that breach led to someone’s death, that’s where a wrongful death case begins.

But none of this is assumed. It all has to be backed by evidence—police reports, medical records, witness accounts, sometimes expert testimony. It’s hard. Sometimes it feels clinical or cold. But it’s the structure that helps families seek justice, even when the emotional weight of it all is impossible to put into words.

Step 3: Get Clear on What Compensation May Be Available

No one wants to talk about money after they’ve lost a loved one. But for many surviving family members, it becomes necessary.

Medical bills pile up. Funeral costs hit hard. And then there’s the long-term financial impact of that loss of a loved one — income that’s gone, support that can’t be replaced.

In a Utah wrongful death claim, compensation usually falls into a few categories:

Economic Damages

These are the losses you can count in dollars:

• Medical bills from the final injury or illness
• Funeral and burial costs
• Lost wages and income your loved one would have earned
• Loss of benefits—retirement, insurance, pensions
• Sometimes, even lost inheritance is considered

Non-Economic Damages

These are harder to quantify, but often hit even harder:

• The pain and suffering of those left behind
• The loss of companionship, affection, and presence
• For spouses, the loss of consortium—that deep, personal connection only they shared
• The absence of guidance a parent would’ve given a child

Punitive Damages

These aren’t common. But in rare cases, when someone’s behavior is especially reckless or cruel, the court may award punitive damages to punish the wrongdoer and send a message that this kind of negligence won’t be tolerated.

Calculating these damages isn’t simple. It often involves financial experts who look at your loved one’s age, health, earning capacity, and expected life path. But this isn’t just about numbers—it’s about building a complete picture of what was taken.

You can’t put a price on a person’s life. But if the law asks for a number, it should reflect the full weight of what they meant—and what their absence now costs.

Step 4: Know the Clock Is Ticking

This is one of those things that catches families off guard: there’s a time limit for filing a wrongful death lawsuit in Utah. And missing it doesn’t just slow things down—it can shut the door completely.

Here’s what the law says:

• In most cases, Utah law gives you up to two years from the date of death to file a claim. But don’t wait—Utah’s statute of limitation for wrongful death cases is strict, and missing the deadline can mean losing your chance entirely.
• If the death involved a government agency—say, a city worker, public hospital, or state-run facility—you may have only one year, and you’ll need to file a special notice first.

That’s not a lot of time when you’re grieving, sorting out estates, or just trying to breathe through the day. But the courts are strict with these deadlines. Once the window closes, your right to file the claim is gone.

So even if you’re not sure whether you’ll move forward, write down the date. Set reminders. Mark a calendar. It’s better to protect your rights early than wish you had later.

Step 5: Decide If You Need Legal Help

Technically, yes—you can file a wrongful death claim on your own. But realistically? Most families find that this isn’t something they want to do alone.

Utah wrongful death law can be complicated. And when you’re deep in grief, carrying the emotional load of what happened, trying to research court filings or argue with insurance companies on your own just adds more weight.

Here’s where having experienced legal support can make a real difference:

• They understand the ins and outs of Utah’s wrongful death laws
• They know how to calculate economic and non-economic damages the right way
• They can investigate thoroughly, gathering medical records, accident reports, and expert input
• They’ve dealt with insurance companies that don’t want to pay
• And if it comes to it, they’re prepared to take the case to trial

If you do choose to get help, make sure you speak with a wrongful death attorney who knows this terrain—someone who’s handled serious personal injury and fatality cases here in Salt Lake City.

An experienced Salt Lake City wrongful death attorney will understand how these claims work, how courts evaluate loss, and how to protect families navigating grief and legal complexity at the same time.

Step 6: Begin the Legal Process

Once you’ve decided to move forward—and you have someone helping guide the way—the process officially begins.

Here’s how it usually plays out:

1. A formal complaint is filed with the court. This is the document that starts the case, laying out the claim and who’s being held responsible.
2. That complaint is served to the defendant—the person or entity believed to have caused the death.
3. Both sides move into discovery, which is just a legal term for sharing evidence and asking questions. It’s slow, but it matters.
4. Somewhere along the way, there may be settlement discussions. Sometimes they go well. Sometimes they don’t.
5. If a fair agreement can’t be reached, the case goes to trial, where a judge or jury decides the outcome.

Not every case reaches the courtroom. In fact, most don’t. But preparing as if it will can make all the difference, because insurance companies and defendants tend to take cases seriously when they know you’re ready to see it through.

Step 7: Decide Whether to Settle

As the case moves forward, the question of settlement may come up. And it’s not always a simple yes or no.

Settling means accepting a guaranteed outcome—money in hand, closure in sight, and the ability to begin healing without more court dates. But it also means walking away from the chance at a larger award through trial.

So what should you consider?

• How strong is the evidence?
• Is the settlement close to the true value of your losses?
• Can your family handle the time, stress, and uncertainty that come with going to court?

There’s no formula that works for every family. For some, peace of mind matters more than pushing forward. For others, justice isn’t negotiable. If that time comes, the decision is yours—and it should be one you can live with.

Step 8: Be Ready for Trial If It Comes to That

Most wrongful death claims in Utah never make it to trial. But some do. And if yours does, you’ll want to be ready—not just legally, but emotionally too.

Here’s what trial prep usually involves:

• Finalizing who will testify—and what they’ll say
• Lining up expert opinions to explain the cause of death or project financial losses
• Organizing documents, photos, or visual exhibits that tell the story clearly
• And, for some families, preparing to take the stand themselves

It’s not easy. But sometimes, trial is the only way to hold someone fully accountable. If it comes to that, you deserve to walk in with the facts, the truth, and your head held high.

Final Thoughts on Wrongful Death Claims in Salt Lake City

When you lose someone unexpectedly, legal action isn’t the first thing on your mind. But in time, questions come. Could this have been avoided? Should someone be held responsible?

A wrongful death claim won’t fix what’s broken. But it can help protect the financial support your family has lost, and bring a small sense of order to a difficult time. When a loved one dies due to someone else’s mistake, that loss deserves to be seen and answered for.

If you’re ready to talk, reach out to us. At Benjamin Durham Law Firm, we’ve helped families across Salt Lake City take that first step. No pressure. Just clear answers, and a team that knows how to stand beside you when it matters most.