While personal injury claims in Utah will generally have a four-year statute of limitations, Utah wrongful death claims can be much shorter – as little as just one year.
According to Utah law, Utah wrongful death claims need to be made no more than two years after the death occurs. See Utah Code 78B-2-304. If the wrongful death claim is against a Utah governmental agency, a “notice of claim” will need to be filed within one year of the death occurring.
In Utah, wrongful death heirs will include: (1) the spouse of the deceased, (2) the children of the deceased under U.C.A. 75-2-114, and (3) the natural parents of the deceased. Step children have recently been added to the list of potential claimants, but only if they are under 18 and are “primarily financially dependent” on their deceased parent.
Ron Kramer is a Salt Lake, Ogden, and Provo wrongful death and personal injury attorney.