Losing a loved one in a preventable accident is one of the hardest things anyone can go through. When someone else’s negligence causes that loss, whether in a car crash, truck accident, or another tragic event, it’s natural to want justice. But many families don’t realize that there’s a time limit for taking legal action.
In Utah, that time limit is governed by the Utah wrongful death statute of limitations. Missing the deadline could mean losing your right to file a claim altogether, even if the evidence is strong and the loss was devastating.
If you’re navigating this legal situation, here’s what you need to know about how much time you have, possible exceptions to the statute of limitations, and why it’s okay to ask for help.
For a free consultation with an experienced Utah wrongful death lawyer, please call (209) 600-4389 or send us an online message today.
What Is the Statute of Limitations for Wrongful Death in Utah?
Under the Utah wrongful death statute, you generally have two years from the date of your loved one’s death to file a wrongful death lawsuit. This time limit applies to filing a lawsuit in civil court. If the deadline passes, your claim can be barred, and the court will likely dismiss it, no matter how clear the liability may be.
When Does the Clock Start?
In most cases, the statute of limitations begins on the date of death, not the date of the accident that caused the fatal injury. For example, if your loved one was severely injured in a crash on January 1 but passed away on January 15, the two-year clock would typically begin on January 15.
Two years might seem like plenty of time, but wrongful death cases are complex. The earlier you involve a legal team, the better your chances of securing evidence, identifying all liable parties, and building a strong case.
Are There Exceptions to the Utah Wrongful Statute of Limitations Deadline?
In certain situations, the wrongful death statute of limitations in Utah may be paused or extended. This legal concept is known as tolling.
Some limited exceptions include:
- The defendant concealed wrongdoing. If the responsible party actively concealed their role in your loved one’s death, the statute may be tolled until the fraud is discovered.
- The case involves a minor beneficiary. If the person who would bring the wrongful death claim is a minor (such as a child of the deceased), a court may allow extra time, though this depends on the facts of the case, and legal representation may still be necessary.
- Mental incapacity. If a qualified heir was mentally incapacitated and unable to take legal action at the time of death, the court may toll the deadline until they regain capacity.
Tolling rules are narrowly applied in Utah and require legal interpretation. If one of these exceptions might apply to your case, immediately speak with a wrongful death attorney.
Why Families Sometimes Wait and Why That Can Hurt Their Case
Many grieving families hesitate to take legal action, and that’s entirely understandable. You’re dealing with shock, funeral arrangements, and emotional loss. Lawsuits may feel overwhelming or even inappropriate.
But here’s the reality: waiting too long can put your case at risk. Over time, evidence can disappear, witnesses forget, and insurance adjusters are more likely to deny liability.
Most importantly, if the Utah wrongful death statute of limitations expires, you may lose your right to pursue compensation altogether.
Talking to a lawyer does not mean rushing into a lawsuit. It means you’re protecting your options to make an informed decision when the time is right.
Who Can File a Wrongful Death Claim in Utah?
Utah law allows specific individuals to pursue compensation in a wrongful death lawsuit.
Potential heirs under the Utah wrongful death statute include:
- El cónyuge superviviente,
- Adult children,
- Surviving parents,
- Stepchildren (specific conditions apply), and
- Any blood relative, if intestate succession applies.
The wrongful death action may be filed by either the heirs or by the personal representative for the benefit of the heirs. If a deceased adult had a legal guardian, the guardian can file the action for the benefit of the heirs.
What Can a Wrongful Death Claim Cover?
Wrongful death lawsuits are meant to provide financial relief and justice for surviving family members.
A successful claim may include compensation for:
- Gastos de funeral y entierro;
- Medical bills related to the final injury or illness;
- Lost income and financial support that the deceased would have provided;
- Loss of companionship, care, and guidance; and
- Emotional pain and suffering of surviving family members.
While no money can compensate for your loss, holding the responsible party accountable can offer closure and help your family move forward.
Contacto Silva Injury Law Hoy
If you lost a loved one in a preventable accident, and you’re wondering how long you have to file a claim, now is the time to get answers. The Utah wrongful death statute of limitations is strict, but there may still be time to act.
At Silva Injury Law, we offer free consultations, honest advice, and experienced representation for families across Utah. You don’t need to decide anything today. Just reach out to us online or call (209) 600-4389, and let us help you understand your options.
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