At Parker & McConkie, our Utah wrongful death lawyers help families seek answers, accountability, and financial recovery when someone else's negligence causes the death of a loved one. Our attorneys investigate what happened, identify every potentially responsible party, document the losses the death has created, and pursue compensation through settlement negotiations or litigation when necessary.
Losing someone unexpectedly can leave a family dealing with grief while simultaneously facing medical expenses, funeral arrangements, lost household income, and questions about how the death could have been prevented. You should not have to figure out the legal consequences alone.
Parker & McConkie has represented Utah families in significant wrongful death cases, including claims against powerful institutions and government entities. We bring that experience to each case while recognizing that no two families—or losses—are the same.
Who Can File a Wrongful Death Claim in Utah?
Utah’s Wrongful Death Act generally allows the deceased person's legal heirs to pursue a wrongful death claim. Depending on the family circumstances, those heirs can include a surviving spouse, children, parents, and certain other relatives recognized by Utah law. A personal representative of the deceased person's estate may also bring the action on behalf of the heirs.
Determining who has the legal authority to pursue a claim is particularly important when family relationships are complicated, multiple heirs are involved, or there is an estate proceeding after the death.
Utah wrongful death claims also have strict filing deadlines. In general, an action must be brought within two years of the person's death, although different requirements can apply in certain circumstances, including claims involving government entities.
If you are unsure whether you have the right to bring a claim, contact the wrongful death lawyers at Parker & McConkie. Our attorneys can review your family's circumstances and explain your options during a free consultation.
A Record of Standing Up for Utah Families After Preventable Deaths
Wrongful death litigation can involve enormous stakes for a family. These cases require attorneys capable of investigating complex events, developing substantial evidence, and pursuing claims against defendants with significant legal and financial resources.
At Parker & McConkie, our team’s experience includes substantial wrongful death recoveries, including:
- $13.5 million in a governmental wrongful death case.
- $5 million in a different governmental wrongful death case.
- $2.25 million in a wrongful death case.
These results demonstrate our experience handling high-stakes cases in which families needed attorneys prepared to uncover what happened and demand accountability from powerful defendants.
Past case results do not guarantee future outcomes. Every case depends on its individual facts and circumstances.
What Makes a Death a "Wrongful Death" Under Utah Law?
Not every unexpected death creates a wrongful death claim. Generally, there must be a legal basis for holding another person, business, institution, or other party responsible.
A claim can arise when someone's negligent, reckless, or wrongful conduct causes another person's death. In practical terms, many wrongful death cases involve circumstances in which the deceased person could have pursued a personal injury claim had they survived their injuries.
For example, a negligent motorist may cause a fatal collision. A business may fail to correct a dangerous property condition. A company may place a dangerously defective product into consumers' hands. An institution may fail to take reasonable measures that could have prevented a foreseeable death.
Determining whether negligence occurred requires evidence. Our attorneys investigate the circumstances surrounding the death rather than relying solely on an accident report, the insurance company's conclusion, or another party's explanation of what happened.
A Wrongful Death Case Must Explain What the Loss Means to a Family
Establishing responsibility is only part of a wrongful death case. Attorneys must also demonstrate what the family actually lost. That analysis extends far beyond adding up funeral expenses or calculating the deceased person's last paycheck.
Consider a parent who earned income, cared for children, maintained the home, coached a child's team, and provided guidance and support to the family. Their death eliminates financial contributions, but it also means the loss of years of caregiving, household services, companionship, and parental guidance.
Our attorneys work to document those losses using evidence appropriate to each family's circumstances. Employment and tax records can help establish earning history and career trajectory. Economists or other experts may assist in projecting future financial contributions. Family members can explain the responsibilities the deceased handled and the relationships that are not reflected on a financial statement.
This work matters because an insurance company may view a wrongful death primarily as a financial exposure. We make sure the claim reflects the person and the future the family lost.
Honoring a loved one's legacy while resolving financial affairs requires clarity; explore this helpful article to understand how wrongful death compensation is distributed among family members.
What Damages Can Be Recovered in a Utah Wrongful Death Lawsuit?
No amount of compensation can replace a loved one. A wrongful death claim instead provides a legal remedy for losses resulting from a preventable death and shifts the financial consequences toward the party responsible for causing them.
Depending on the case, recoverable damages can address several different aspects of the family's loss:
| What the Death Took From the Family | How a Wrongful Death Claim Can Address It |
| Financial security | Lost earnings, benefits, and other financial support the deceased reasonably would have provided |
| Everyday contributions | The value of household work, caregiving, and services previously performed for the family |
| An irreplaceable relationship | Loss of companionship, affection, guidance, society, and support |
| Expenses resulting from the death | Qualifying medical treatment before death and reasonable funeral and burial costs |
| Years of expected support | Future losses - evaluated in light of factors such as age, health, earnings, responsibilities, and life expectancy |
Accurately valuing these losses becomes particularly important when the deceased was young, supported children, had significant future earning potential, or performed substantial unpaid work within the household. Our attorneys can determine how Utah law applies to your family's losses and identify the evidence needed to support a demand for meaningful compensation.
We help everyday people stand up for What's Right.
A Wrongful Death Investigation Should Answer More Than "Who Caused the Accident?"
The person whose actions immediately preceded a death is not necessarily the only party legally responsible. For example, if a commercial truck driver causes a fatal collision, our investigation could reveal problems involving the trucking company's hiring or supervision, vehicle maintenance, cargo loading, or another company's conduct.
A fatal construction accident could involve a contractor, an equipment company, a property owner, or another third party. A defective product claim might extend beyond the retailer to companies involved in designing, manufacturing, or distributing the product.
Our attorneys investigate beyond the obvious explanation. Depending on the case, this may involve preserving physical and electronic evidence, interviewing witnesses, reviewing corporate records, obtaining video footage, examining safety procedures, and consulting appropriate experts.
Identifying every responsible party can also reveal additional insurance policies or other sources of recovery that might otherwise be missed. If you have questions about what caused your loved one's death, contact our team. An early investigation can help preserve evidence before it disappears.
What Types of Negligence Can Lead to a Wrongful Death Claim?
At Parker & McConkie, we represent families in wrongful death cases arising from many forms of negligence and misconduct, including:
- Car, truck, motorcycle, bicycle, and pedestrian collisions.
- Dangerous or defective products.
- Unsafe property conditions.
- Construction and workplace incidents involving responsible third parties.
- Medical negligence.
- Negligent conduct by businesses, institutions, or government entities.
Some deaths involve more than one category of negligence. Our attorneys follow the evidence to determine what occurred and who can legally be held responsible.
When a Government Entity May Be Responsible for a Wrongful Death
Claims involving governmental defendants require particular care. Public agencies and employees can be subject to legal rules and procedural requirements that do not apply to ordinary claims against private individuals or businesses.
This is an area in which Parker & McConkie has significant experience. The firm's case results include multiple governmental wrongful death recoveries, including $13.5 million, $5 million, and $1.5 million. (Past case results do not guarantee future outcomes.)
Families should not assume that the ordinary wrongful death deadline gives them the same amount of time to act when a government entity may be involved. Special notice requirements can apply, making early investigation particularly important.
If you suspect a public agency or government employee contributed to your loved one's death, speak with our attorneys quickly so we can determine what requirements apply.
Why Wrongful Death Claims Receive Intense Insurance Scrutiny
Wrongful death claims can involve substantial financial exposure, particularly when the deceased person had many expected working years remaining or when several family members suffered compensable losses.
Even when responsibility for the fatal incident appears strong, an insurer may challenge other parts of the claim. Disputes can arise over future earnings projections, the deceased's expected career path, household contributions, causation, or the extent of particular damages.
The insurer may also argue that the deceased person contributed to the incident to reduce its financial responsibility.
We prepare for these challenges by developing evidence rather than relying on assumptions about what a claim should be worth. Thorough preparation gives our attorneys a stronger foundation for settlement negotiations and positions us to pursue litigation when an insurer refuses to offer a reasonable resolution.
What If My Loved One Was Partly Responsible for the Accident?
Utah's modified comparative negligence law can affect a wrongful death recovery when the deceased person is alleged to have contributed to the incident. For example, an insurer might make this argument after a fatal traffic collision by claiming the deceased person was speeding or otherwise contributed to the crash. These allegations deserve careful investigation, not automatic acceptance.
Generally, compensation can be reduced according to the percentage of fault attributed to the deceased. If their share of responsibility is 50% or more, the family may be unable to recover damages from the defendant.
Our attorneys investigate and refute unfair allegations of blame-shifting using available physical, documentary, electronic, and witness evidence to ensure fault is based on what actually happened.
How Long Do You Have to File a Wrongful Death Lawsuit in Utah?
Utah's general statute of limitations for wrongful death actions is two years from the date of death. However, waiting until that deadline approaches can create unnecessary problems even when the lawsuit remains legally timely. Vehicles may be repaired or destroyed, surveillance recordings may disappear, electronic information may be overwritten, witnesses may become harder to find, and memories may fade.
Different procedural deadlines can also apply to certain cases. Claims involving government entities are particularly important to evaluate promptly because special notice requirements may apply.
If you are concerned about how much time remains, contact our team as soon as possible. Our attorneys can determine the deadlines applicable to your particular case and take appropriate steps to protect your claim.
Frequently Asked Questions About Utah Wrongful Death Claims
Can siblings file a wrongful death lawsuit in Utah?
Utah's definition of legal heirs determines who can recover through a wrongful death action. Whether a sibling qualifies may depend on the family circumstances, including whether closer heirs, such as a spouse, child, or parent, survive the deceased. Our attorneys can review the family relationships and determine who has the right to pursue the claim.
Can our family bring a claim if our loved one did not earn an income?
Yes, depending on the circumstances. A person's contribution to a family is not limited to wages. Someone who cared for children, managed a household, provided services, or supported family members in other ways contributed value even without receiving a traditional paycheck.
What happens if family members disagree about a wrongful death settlement?
Multiple heirs can have interests in the same wrongful death claim, which can make disagreements about litigation or settlement particularly complicated. The appropriate procedure depends on who brought the action, the heirs involved, and the circumstances of the proposed resolution. Our legal guidance can help families understand how those interests are addressed.
Can we pursue a wrongful death case if nobody was criminally charged?
Yes. Civil liability and criminal responsibility are different legal issues. A wrongful death claim can potentially succeed even when no one was arrested, prosecuted, or convicted. The civil case focuses on whether the evidence establishes legal responsibility for the death under the applicable civil standard.
What if my loved one survived for some time after the accident?
A delay between the initial injury and the person's death does not necessarily prevent a wrongful death claim. Medical evidence becomes particularly important in establishing whether the original injuries ultimately caused or contributed to the death. Other claims involving losses incurred between the injury and death should also be evaluated.
Understanding the distinct legal paths after a loss can bring peace of mind; read this guide to learn the difference between a wrongful death claim and a survival action.
Contact Our Utah Wrongful Death Lawyers for a Free Consultation
You do not have to determine on your own whether negligence caused your loved one's death, who may be responsible, or what your family's claim could involve. The wrongful death lawyers at Parker & McConkie can investigate what happened and give you straightforward answers about your legal options.
We have represented Utah families in some of the state's most significant wrongful death cases, and we bring that experience to every family we represent.
Call the Parker & McConkie team at (801) 845-0440 to schedule a free consultation with one of our Utah personal injury lawyers. We are ready to listen to your story, answer your questions, and help your family move forward.