Midvale wrongful death lawyers at Parker & McConkie Injury Lawyers represent families who have lost a loved one because of another party’s negligence. Under Utah law, surviving family members may pursue a wrongful death claim seeking compensation for funeral costs, lost income, and the personal losses that follow an unexpected death.
Our Midvale headquarters is located at 7090 Union Park Ave, Suite 160, and we offer free consultations to families across the Salt Lake Valley. Call 833-STANDUP to speak with a wrongful death attorney today.
How Do Midvale Wrongful Death Attorneys at Parker & McConkie Help Grieving Families?
Losing someone you love because of another person’s recklessness or negligence puts your family in an impossible position. Grief alone takes all of your energy, and the legal and financial pressures that follow a fatal accident make everything harder.
Our wrongful death attorneys in Midvale step into that gap and handle the legal process so your family has the space to grieve without also fighting an insurance company.
We operate on a contingency fee basis, so you owe no attorney fees unless we recover compensation for your family. Case costs and expenses may still apply.
What Our Team Does for Your Family
From the first conversation, our attorneys take over the legal demands of a wrongful death claim and guide your family through each phase.
- Investigate the accident that caused your loved one’s death, including police reports, witness interviews, and available electronic data
- Identify every party that may bear responsibility, from negligent drivers to property owners to commercial entities
- Coordinate with economists and vocational analysts to calculate lost financial support, including projected future earnings and benefits
- Handle all communication with insurance companies and defense attorneys throughout the claims process
- Prepare the case for trial in Third District Court in Salt Lake County if a fair settlement is not offered
Wrongful death cases in Utah involve strict eligibility rules, tight filing deadlines, and complex damage calculations. Having an attorney manage those details from the beginning protects your claim and frees your family from a legal burden you did not ask for.
Call 833-STANDUP to set up your free consultation at our Midvale office.
What Counts as a Wrongful Death Under Utah Law?
A wrongful death in Utah occurs when a person dies because of the wrongful act, neglect, or default of another party, as defined under Utah Code Section 78B-3-106.
If the person who died would have had a valid personal injury claim had they survived, their family may have grounds for a wrongful death lawsuit instead.
Common Causes of Fatal Accidents in Midvale and the Salt Lake Valley
Fatal accidents in and around Midvale often stem from situations where someone failed to exercise reasonable care.
The specific circumstances vary, but the following types of incidents frequently give rise to wrongful death claims in Utah.
- Motor vehicle collisions on I-15, I-215, and Bangerter Highway, including crashes involving commercial trucks, motorcycles, and pedestrians
- Drunk or impaired driving accidents on local roads and state highways
- Slip and fall incidents at commercial properties, construction sites, or apartment complexes with hazardous conditions
- Defective products that malfunction and cause fatal injuries
- Construction site accidents involving falls, equipment failures, or unsafe working conditions
Each type of fatal accident involves its own set of evidence, liable parties, and legal standards. Identifying who bears responsibility and proving how their actions caused the death requires a thorough investigation that begins as soon as possible after the loss.
Who Has the Right to File a Wrongful Death Claim in Utah?
Utah law restricts who may bring a wrongful death lawsuit. Under Utah Code Section 78B-3-105, only certain heirs or a personal representative of the deceased person’s estate may file a claim.
The state also requires that all eligible heirs participate in a single lawsuit rather than filing separate actions.
Eligible Heirs Under Utah Law
The following family members qualify as heirs with standing to pursue a wrongful death claim:
- The surviving spouse of the deceased
- Surviving biological and legally adopted children
- Surviving biological and adoptive parents of the deceased
- Stepchildren under the age of 18 who received financial support from or lived with the deceased at least part-time
- Other blood relatives as defined by Utah’s intestate succession laws, if no closer heirs survive
A personal representative named in the deceased person’s will or appointed by the court may also file on behalf of all heirs. Utah law designates a presumptive personal representative, starting with the surviving spouse and moving down the list based on eligibility.
The rules governing who may file and how damages are distributed among family members add a layer of procedural complexity that reinforces the value of having legal counsel involved early.
What Damages May a Wrongful Death Lawsuit Recover in Utah?
A successful wrongful death claim in Utah may recover compensation for both the financial and personal losses the surviving family suffers.
The damages available reflect the full scope of harm the death has caused, from immediate funeral expenses to the long-term loss of the deceased person’s income and companionship.
Economic Damages
Economic damages cover the measurable financial losses tied to the death. These include funeral and burial expenses, the income the deceased would have earned over their remaining working life, the value of employee benefits and retirement contributions, and medical bills incurred between the injury and the death.
Non-Economic Damages
Non-economic damages account for the intangible losses that are harder to quantify but no less real. These include loss of companionship, guidance, and emotional support, as well as the grief and mental anguish the family endures. Utah law also allows recovery for the loss of household services the deceased provided.
Punitive Damages
Punitive damages may be available where the defendant acted with willful misconduct or reckless indifference under Utah law. These damages are not meant to compensate the family.
Instead, they are meant to punish the defendant and discourage similar conduct in the future. The standard for proving punitive damages is higher than the standard for proving compensatory damages.
How Does Utah’s Comparative Negligence Rule Apply to Wrongful Death Cases?
Utah follows a modified comparative negligence system under Utah Code Section 78B-5-818. This means the deceased person’s own share of fault, if any, reduces the family’s recovery proportionally. If the deceased is found to be 50 percent or more at fault for the accident, the family is barred from recovering any compensation.
What That Means for Your Family’s Case
If a jury determines the deceased bore 20 percent of the fault for a collision on I-15 near the 7200 South interchange and total damages amount to $500,000, the family’s recovery is reduced to $400,000. But if the deceased is found to be 50 percent or more at fault, the family receives nothing.
Insurance companies and defense attorneys in wrongful death cases routinely attempt to inflate the deceased person’s share of blame. Countering those arguments with strong evidence from the accident scene, witness testimony, and available data is a core part of how we build and protect your family’s claim.
What Is the Deadline for Filing a Wrongful Death Claim in Midvale?
UnderUtah Code Section 78B-2-304, the statute of limitations for a wrongful death lawsuit in Utah is two years from the date of death. If the claim involves a government entity, the timeline is shorter, and the family must file a notice of claim within one year under the Utah Governmental Immunity Act.
| Claim Type | Filing Deadline | Statute |
| Wrongful death (general) | 2 years from date of death | Utah Code 78B-2-304 |
| Wrongful death against a government entity | 1 year from date of death (notice of claim) | Utah Code 63G-7-402 |
| Survival action (pre-death injuries) | 2 years from date of injury, carried forward by personal representative | Utah Code 78B-3-107 |
Missing either deadline may permanently close the door on your family’s case. Two years might feel like a long window, but investigating a fatal accident, identifying all liable parties, and calculating lifetime financial losses takes significant time.
Starting the process early gives your attorneys the best chance to build a thorough case.
How Do Wrongful Death Claims Differ From Criminal Cases?
A wrongful death lawsuit is a civil case filed by the family. A criminal prosecution is brought by the state. The two proceedings operate independently and serve different purposes.
Civil vs. Criminal Standards
In a criminal case, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. In a wrongful death lawsuit, the family needs to show that the defendant’s negligence or wrongful act more likely than not caused the death, which is a lower standard known as preponderance of the evidence.
A defendant may face both a criminal prosecution and a civil wrongful death claim for the same incident, and the outcome of one does not control the other.
What This Means for Families
Even if criminal charges are never filed or result in an acquittal, the family may still have a valid wrongful death case. The civil claim focuses on financial accountability rather than criminal punishment, and the evidentiary bar is lower.
FAQs for Midvale Wrongful Death Lawyers
How long do I have to file a wrongful death lawsuit in Utah?
Utah law under Section 78B-2-304 gives families two years from the date of death to file a wrongful death lawsuit. Claims against government entities require a notice of claim within one year.
Missing these deadlines may permanently prevent your family from pursuing compensation, so contacting an attorney early is always the safer course.
Who is allowed to file a wrongful death claim in Utah?
Under Utah Code Section 78B-3-105, the deceased person’s surviving spouse, children, parents, dependent stepchildren under 18, and other blood relatives may file as heirs. A personal representative of the estate may also bring the claim on behalf of all heirs.
Utah law requires that only one wrongful death action proceed per death, with all eligible heirs represented in that single lawsuit.
What types of accidents lead to wrongful death claims in Midvale?
Fatal car crashes, truck collisions, pedestrian accidents, motorcycle crashes, slip and fall incidents, construction site accidents, and incidents involving defective products all give rise to wrongful death claims in the Midvale area.
The common factor is that another party’s negligence or wrongful conduct caused the death.
How much is a wrongful death case worth in Utah?
The value of a wrongful death case depends on the deceased person’s age, earning history, projected future income, the number of dependents, and the circumstances of the death. No two cases produce the same figure.
During a free consultation, our attorneys review your family’s situation and provide an honest assessment of what the claim may be worth based on the available facts.
Does it matter if the person responsible for the death faces criminal charges?
A criminal case and a civil wrongful death lawsuit are separate proceedings with different standards of proof. Criminal charges require proof beyond a reasonable doubt, while a wrongful death claim requires a preponderance of the evidence.
Your family may pursue a civil claim regardless of whether criminal charges are filed, and an acquittal in a criminal case does not prevent a successful wrongful death lawsuit.
How long does a wrongful death case in Utah typically take to resolve?
Wrongful death cases in Utah vary widely in timeline depending on the complexity of the accident, the number of parties involved, and whether the case settles or goes to trial.
Some cases resolve within several months through negotiation, while others involving disputed liability or multiple defendants may take a year or longer. Our attorneys give your family a realistic timeline during the initial consultation based on the specific facts of your case.
Do I need to hire a lawyer right away after a family member’s death?
The two-year statute of limitations under Utah Code 78B-2-304 sets the outer boundary, but evidence begins to deteriorate quickly after a fatal accident. Witness memories fade, physical evidence at the scene changes, and electronic records may be overwritten.
Contacting a wrongful death attorney early gives your legal team the best opportunity to preserve the proof your case requires.
What if my loved one was partly at fault for the accident?
Utah’s modified comparative negligence law reduces the family’s compensation by the deceased’s percentage of fault but still allows recovery as long as the deceased’s fault stays below 50 percent.
If the deceased is found 50 percent or more at fault, the family receives no compensation. Our attorneys gather evidence to counter inflated fault arguments and protect the value of your family’s claim.
How much does it cost to hire a wrongful death lawyer in Midvale?
We take wrongful death cases on a contingency fee basis. Your family pays no attorney fees unless we recover compensation. Case costs and expenses may still apply. This fee structure allows families to pursue a claim without adding financial pressure during an already difficult time.
Take the Next Step With Our Midvale Wrongful Death Lawyers
Losing a loved one because of another party’s negligence places emotional and financial stress on your family. Our Midvale wrongful death attorneys at Parker & McConkie Injury Lawyers are here to explain your options and handle the legal process while you focus on your family.
We offer free consultations and represent families throughout Midvale, Murray, Sandy, West Jordan, Taylorsville, and the Salt Lake Valley.
Call 833-STANDUP or visit our office at 7090 Union Park Ave, Suite 160, Midvale, UT to speak with a wrongful death lawyer today.
