Introduction
A wrongful death claim gives the heirs a right to
bring a claim on behalf of an individual who died
as a result of the negligence or wrongdoing of
another person, corporation or government entity.
In Utah, this is a constitutionally guaranteed
right.
Utah Constitution Article 16, § 5
The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law.
The framers of our state constitution obviously felt strongly about protecting families and the heirs of those killed by the neglect of others.
Utah Constitution Article 16, § 5
The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law.
The framers of our state constitution obviously felt strongly about protecting families and the heirs of those killed by the neglect of others.
Limitations
Limits on Claims for Wrongful Death.
There are, however, some statutory limitations which have been enacted with regard to wrongful death claims in Utah. Primarily, there are limitations placed on wrongful death claims that fall under:
* The Workmen's Compensation Act
* The Governmental Immunity Act, and, possibly,
* The Medical Malpractice Act.
If you believe you may have a claim for the wrongful death of a loved one, you should seek the assistance of an attorney immediately and prior to dealing with any claims investigators.
There are, however, some statutory limitations which have been enacted with regard to wrongful death claims in Utah. Primarily, there are limitations placed on wrongful death claims that fall under:
* The Workmen's Compensation Act
* The Governmental Immunity Act, and, possibly,
* The Medical Malpractice Act.
If you believe you may have a claim for the wrongful death of a loved one, you should seek the assistance of an attorney immediately and prior to dealing with any claims investigators.
Who Can Make Claim?
The heir, heirs or personal representative of the
decedent may maintain a claim for wrongful death.
However, the claim is made by and on behalf of all
heirs. Additionally, the person bringing the claim
is considered a 'representative' of all the
potential claimants. Failure to properly pursue the
claim can result in liability.
Time Limits
When Must the Claim Be Made?
Claims for wrongful death must be brought within two years of the death. However, this time limit might be tolled under certain circumstances, such as minority of the claimant or knowledge regarding the death. Because of the seriousness involved in wrongful death claims, and the fact that you may be held liable for not properly bringing a claim, you should check with an attorney immediately in order to fully preserve your rights.
Claims for wrongful death must be brought within two years of the death. However, this time limit might be tolled under certain circumstances, such as minority of the claimant or knowledge regarding the death. Because of the seriousness involved in wrongful death claims, and the fact that you may be held liable for not properly bringing a claim, you should check with an attorney immediately in order to fully preserve your rights.