Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A Utah family has two years, half of what the injured person would usually have had.

Two years for a death

UCA 78B-2-304 allows an action within two years for recovery of damages for a death caused by the wrongful act or neglect of another.

Compared with an injury claim

Most personal injury claims fall under the general four-year period for relief not otherwise provided for by law in UCA 78B-2-307, so the death deadline is shorter.

Malpractice deaths

A malpractice action must be commenced within two years of discovery, and not more than four years after the act, with a compulsory prelitigation hearing for most providers.

Governments

Claims against the state or a political subdivision fall under the Governmental Immunity Act, which has its own notice rules and limits that we did not verify.

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.