Wrongful death statute of limitations explained

Wrongful death lawsuits are filed in a court of law when a negligent or wrongful act of the defendant results in the death of a person. The victim’s family then has the right to file a case against a business or organization, a government agency or a person, if they feel that the actions of these groups of people, or of a person, led to the death of the victim. In Utah, the law states that the person has the right to file a case in the event of a wrongful death. If you intend to file a wrongful death lawsuit, there are certain parameters that are to be met, and the case should be filed within a short period of time, as the wrongful death statute of limitations only allows claims to be filed within a certain limited time period.

Filing a wrongful death claim

It should be noted that only the heirs of the deceased person, or any of his personal representatives are allowed to file a wrongful death claim in a court of law. If anyone heir of the deceased person files a wrongful death claim, that claim is considered as representative of all the other heirs.

Time period of filing the claim

As mentioned earlier, the wrongful death statute of limitations permits the filing of the wrongful death claim within a certain time period only. Generally, this time period is 2 years; however, exceptions are made if the heir of the deceased person has not yet reached the age of 18 years at the time of death, or if more information on the death of the person surfaces at a later date.

Employee protection

statute of limitations of wrongful death

The Workmen’s Compensation Act allows the heir of the deceased person, who has been an employee of a company, but was killed by the negligence on the part of a third party, the third party being a person who has no connection to the employer, to claim compensation. Attorney’s fees and other costs are deducted from the compensation received, and if the money is availed through a third-party claim, it must be awarded according to the laws in Utah.

It should be noted that filing wrongful death lawsuits within two years is a must if there are sufficient grounds to believe that the death occurred due to the negligence on the part of any other person. These laws guarantee that the negligent actions of a person are sufficiently punished.