Who Can File a Wrongful Death Claim in Utah

By the FigureMyTax Editorial Team · How we calculate

Utah lets heirs sue directly, and defines heirs more broadly than many states.

Who sues

Under UCA 78B-3-106, the decedent's heirs, or the personal representatives for the benefit of the heirs, may maintain an action for damages against the person causing the death. If an adult has a guardian at death, only one action may be maintained.

Who the heirs are

UCA 78B-3-105 lists the spouse, the children, the natural parents or, if adopted, the adoptive parents, stepchildren under 18 who were supported by or lived with the decedent, and, if none of those survive, any blood relative under the intestacy law.

The estate's own claim

Under UCA 78B-3-107, a cause of action for personal injury or death does not abate upon the death, and the representatives or heirs may recover special and general damages.

Unrelated death

If the injured person dies of an unrelated cause before judgment, the heirs can recover only for damages that occurred before that death, and the statute sets conditions for that case.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.