- Only the heirs of the deceased person or his personal representative can bring a wrongful death claim. If only one heir brings the claim, it's considered representative of all the heirs.
- The statute of limitations, which dictates the maximum length of time you can wait after a person's death to file a wrongful death lawsuit, states that you have two years after the date of death. This can be altered in certain situations, such as if the heir was not yet 18 or if more information about the person's death came out later.
- According to this law, if an employee is killed on the job but the negligence was on the part of a third party, not his employer or anyone representing his employer, the employee's heirs are required to give written notice of their intention to bring an action to the third party's insurance company and any other person who may be obligated for the compensation payments. If money is awarded, attorney's fees and other costs are subtracted from the amount given to the family. If money is awarded through this third-party claim, it must still be disbursed according to Utah law.
- Government agencies and officials are often immune from being held accountable if they were acting in accordance with the law. Wrongful death claims can be filed if the fatal injuries were caused by defective or dangerous conditions of a public road, building, bridge or other structure, or if an employee was acting negligently. Check with an attorney to determine if your situation falls into one of the waiver categories.
- In 2010, the Utah Legislature amended this act, which affects wrongful death claims filed against a doctor or other health care provider. It limits noneconomic damages to $450,000 and increases the preligitation panel review. A claimant now must obtain an affidavit of merit before the suit may be filed if the prelitigation hearing panel finds that the claim lacks merit. This document includes an affidavit from the attorney and an affidavit signed by a licensed health-care provider.
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