In Utah, it is sometimes possible to bring both a wrongful death claim and a survival action after a fatal accident. However, they serve different purposes, involve different parties, and may compensate for different types of losses.
If you have recently lost a loved one due to someone else’s negligence, you may be trying to understand what legal options are available and how to protect your family’s future. Terms like “wrongful death” and “survival action” can feel technical and confusing, especially during such a difficult time.
Let’s review how these two legal actions work—and how they may apply to your situation—to clarify your options and help you make more informed decisions about what comes next.
Key Takeaways About Wrongful Death and Survival Actions in Utah
- Utah law allows for both wrongful death claims and survival actions in certain cases
- These claims serve different legal purposes and compensate for different losses
- Wrongful death claims focus on the family’s losses after a death
- Survival actions address what the injured person experienced before passing away
- These cases may involve probate issues and the appointment of a personal representative
- It’s important to work with an experienced legal team to guide you through these processes
What Is a Wrongful Death Claim in Utah?
A wrongful death claim is a legal action brought on behalf of surviving family members after someone dies due to another person’s negligence.
This type of claim focuses on the impact of the loss on the family. It is meant to address what the surviving family members have lost as a result of the death, including both financial and personal aspects of the relationship.
Under Utah law, wrongful death claims are governed by Utah Code § 78B-3-106, which outlines who may bring the claim and how it is handled.
What Is a Utah Survival Action?
A survival action is a separate legal claim that is brought on behalf of the person who was injured before they passed away.
Instead of focusing on the family’s loss, a survival action looks at what the individual experienced between the time of the injury and their death. This may include medical treatment, pain, or other damages that occurred during that period.
In Utah, survival actions are addressed under Utah Code § 78B-3-107, which allows certain claims to continue even after the injured person has passed away.
The Core Difference Between These Two Claims
While both claims arise from the same event, they serve different legal purposes.
A wrongful death claim focuses on the harm suffered by the surviving family members, such as the loss of companionship, financial support, and the role the individual played in their lives.
A survival action focuses on the losses incurred by the individual before death, including medical expenses and the injury’s impact. This process is similar to a typical personal injury claim where an injured person pursues compensation for their losses. However, when the injured person dies, Utah law allows a personal representative to bring this action on behalf of the deceased person.
In many cases, both claims may exist at the same time, but they are handled separately and may involve different types of compensation.
Who Can File a Wrongful Death Claim in Utah?
Utah law specifies who may bring a wrongful death claim. These claims are typically filed by close family members or a representative acting on their behalf.
An experienced Utah wrongful death lawyer can explain who is eligible to bring a claim in your specific circumstances. In general, eligible parties may include:
- A surviving spouse
- Adult children
- Parents of the deceased
- A personal representative of the estate
The claim is brought for the benefit of the family members who have suffered a loss due to the death. Those family members will receive any compensation awarded under this claim.
Who Brings a Survival Action?
A survival action is handled differently. Because the claim belongs to the deceased person, it is typically brought by the personal representative of the estate. This person is responsible for managing the estate’s legal matters.
If a personal representative has not yet been appointed, it may be necessary to go through the probate process to name a personal representative before a survival action claim can proceed.
Do Both Claims Require Probate Court Involvement?
Probate involvement depends on the type of claim and how it is filed.
A wrongful death claim does not always require full probate proceedings, especially if it is brought directly by family members. However, probate may still be involved if a personal representative is handling the case or if there are estate-related issues.
A survival action, on the other hand, is typically tied to the estate. This means that probate court may play a more direct role, particularly in appointing a personal representative and distributing any financial recovery.
Because of these differences, it’s important to work with a personal injury lawyer who understands how probate applies to both legal processes.
Who Receives the Compensation in Successful Claims?
One of the most important distinctions between these claims is who ultimately receives any compensation.
In a wrongful death claim, compensation is awarded to the surviving family members. This award is meant to reflect the financial and personal impact on each family member after losing their loved one.
In a survival action, any compensation awarded becomes part of the deceased person’s estate. From there, it is distributed according to a will or, if no will exists, under Utah’s intestate succession laws.
This distinction can affect how funds are distributed, to whom, and who benefits from the claim.
If you’re navigating a wrongful death claim in Utah, read this article to understand whether settlements are taxable and how it may affect your case.
What Types of Damages May Be Available?
While the exact damages depend on the circumstances of each case, wrongful death claims and survival actions are designed to address different types of loss, and together, they provide a more complete picture of what your family has experienced.
Potential wrongful death damages
In a wrongful death claim, the focus is on how your loved one’s passing has affected the people left behind. This can include the loss of financial support, especially if the individual contributed to household income or long-term financial stability. It may also involve the loss of guidance, care, and companionship, which are difficult to measure but deeply felt in everyday life.
For many families, the impact shows up in both practical and personal ways. You may be adjusting to changes in responsibilities, routines, and relationships. In some cases, damages may also reflect funeral and burial expenses, as well as the overall effect the loss has had on your family’s well-being and future.
Possible survival action damages
A survival action, by contrast, focuses on what your loved one experienced between the time of the injury and their passing. This may include the cost of emergency care, hospitalization, and any medical treatment provided during that period. It can also account for the physical pain, discomfort, and limitations your loved one endured as a result of the injury.
If there was a period of time—whether hours, days, or longer—where your loved one was receiving treatment or living with the impact of the injury, those experiences may be considered as part of the claim. In addition, lost income during that time may also be included if the individual was unable to work.
When both claims are brought together, they are intended to address the full scope of what occurred. The survival action reflects what your loved one went through, while the wrongful death claim reflects how their absence continues to affect your family.
Your injury lawyer should consider a combined approach to help ensure that both the immediate harm and the lasting impact on your family are fully recognized.
Can Both Claims Be Filed at the Same Time?
Yes, in many cases, both a wrongful death claim and a survival action can be pursued together.
When this happens, the claims are often handled as part of the same legal process, but they remain distinct in terms of what they cover and how compensation is allocated. Coordinating these claims requires a legal team with careful attention to detail, particularly in identifying beneficiaries, managing estate issues, and ensuring each claim is properly supported.
How Liability Is Proven in These Cases
Both wrongful death and survival actions require showing that another party’s negligence caused the injury and resulting death. Your attorney must use evidence to demonstrate that:
- A duty of care existed to your loved one
- That duty was breached
- The breach led to the injury
- The injury ultimately resulted in death
Evidence may include accident reports, medical records, witness statements, and other documentation that helps explain what happened.
Challenges Families May Face in These Cases
Pursuing legal action after the loss of a loved one can be complex and confusing. You may be facing questions about who should bring the claim, how compensation is distributed, and whether probate is required. At the same time, you may be dealing with insurance companies that try to reduce or deny the underlying claim.
These challenges can make it difficult to know where to begin. Having clear information and guidance from a reputable law firm can help you move forward with greater confidence.
How a Personal Injury Lawyer Can Help
Handling both a wrongful death claim and a survival action requires a thoughtful and coordinated approach. A personal injury lawyer can help by identifying which claims apply, determining who should bring them, and ensuring that all legal requirements are met.
They can also manage communication with insurance companies, gather evidence, and build a case that reflects the full impact of the loss. Importantly, they help ensure that both claims are handled properly so that no aspect of the case is overlooked.
Most injury law firms offer a free case consultation where you can ask questions and learn more about your specific rights. Contact a trusted lawyer today to take the first step.
Frequently Asked Questions About Wrongful Death and Survival Actions in Utah
Can wrongful death and survival claims be filed in every case?
Not always. Whether both claims apply depends on the circumstances, including whether the person survived for any period after the injury. A legal review of the situation can help determine which claims are appropriate.
Do I need to open an estate to file a claim?
For a survival action, an estate is typically required because the claim belongs to the deceased individual. This often involves appointing a personal representative through the probate court.
In wrongful death claims, an estate may not be required in all cases, depending on how the claim is filed.
How is a personal representative chosen?
A personal representative is usually named in a will. If no will exists, the court may appoint a close family member to serve in that role.
How are funds distributed in these cases?
Wrongful death compensation is typically distributed to eligible family members. Survival action proceeds are distributed through the estate, either according to a will or Utah’s intestacy laws.
How long do I have to file a claim in Utah?
Utah’s wrongful death statute of limitations generally allows two years to file a wrongful death lawsuit. Partnering with a dedicated legal team quickly can help ensure that evidence is preserved and legal requirements are met.
What if family members disagree about the case?
Disagreements can arise about how a claim should be handled or who should be involved. In these situations, legal guidance can help clarify roles and ensure that the process moves forward appropriately.
Will we have to handle everything ourselves?
No. Legal representation allows you to focus on your family while your legal team handles the procedural and strategic aspects of the case. This includes managing filings, deadlines, and communication with all parties involved.
Reach Out to Parker & McConkie to Learn More About Your Utah Wrongful Death Case
Losing a loved one in an accident caused by someone else’s actions raises difficult emotional and practical questions. You may be struggling to understand your rights while also thinking about your family’s future.
At Parker & McConkie Injury Lawyers, we help families across Utah navigate wrongful death and survival actions with care and clarity. Our team works to identify the appropriate legal path, manage the details of the case, and advocate for the compensation your family deserves.
We handle the legal process so you can focus on what matters most. Call 833-STANDUP for a free consultation. Let Parker & McConkie help protect your rights and support your family during this time.
