Wrongful Death Statute of Limitations in Utah
Last verified 2026-07 · Source: Utah Code § 78B-2-304 ✓ verified · 3 sources
The deadline
2 years
from Date of death (accrual upon wrongful act causing death), under Utah Code § 78B-2-304.
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If you're researching wrongful death claims in Utah, the single most important number is 2 years. That's how long Utah Code § 78B-2-304 gives you to file a wrongful death lawsuit, counted from Date of death (accrual upon wrongful act causing death). File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Utah Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | Utah Code § 78B-2-304 |
| Car Accident | 4 yrs | Utah Code § 78B-2-307(4) |
| Credit Card Debt | 4 yrs | Utah Code § 78B-2-307(1) |
| Medical Malpractice | 2 yrs | Utah Code § 78B-3-404 |
| Personal Injury | 4 yrs | Utah Code Ann. § 78B-2-307 |
| Dog Bite | 4 yrs | Utah Code Ann. § 18-1-1; SOL: § 78B-2-307 |
| Slip and Fall | 4 yrs | Utah Code Ann. § 78B-2-307(3) |
| Defamation | 1 yr | Utah Code Ann. § 78B-2-302 |
| Breach of Contract | 6 yrs | Utah Code Ann. § 78B-2-309 |
| Medical Debt | 6 yrs | Utah Code § 78B-2-309 |
When the Clock Starts
In Utah, the limitations period for wrongful death claims generally begins on Date of death (accrual upon wrongful act causing death). Utah does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Utah Governmental Immunity Act (Utah Code § 63G-7-402): notice of claim must be filed within 1 year after claim arises, before suit can be commenced
- Damage caps: Government tort claims capped under Utah Governmental Immunity Act (amount adjusted periodically by legislature, approximately $583,900 per person); no statutory cap on wrongful death damages against private defendants
Filed by heirs of the deceased or by the personal representative for the benefit of heirs under Utah Code § 78B-3-106. Utah is a modified comparative fault state (50% bar). Separate survival action available under § 78B-3-107. Damages include loss of financial support, loss of companionship, and grief of heirs.
Source: Utah Code § 78B-2-304, official Utah statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Utah government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Utah Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Utah | 2 years | Utah Code § 78B-2-304 |
| Idaho | 2 yrs | Idaho Code § 5-219(4) |
| Wyoming | 2 yrs | Wyo. Stat. § 1-38-102 |
| Colorado | 2 yrs | Colo. Rev. Stat. § 13-21-204 (via § 13-80-102) |
| New Mexico | 3 yrs | NMSA 1978, § 41-2-2 |
| Arizona | 2 yrs | Ariz. Rev. Stat. § 12-542; § 12-611; § 12-612 |
| Nevada | 2 yrs | Nev. Rev. Stat. §§ 41.085, 11.190(4)(e) |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Utah?
You have 2 years from Date of death (accrual upon wrongful act causing death), under Utah Code § 78B-2-304.
Can I still sue after 2 years in Utah?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Utah generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Utah Governmental Immunity Act (Utah Code § 63G-7-402): notice of claim must be filed within 1 year after claim arises, before suit can be commenced
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Sources
- Official Utah Code § 78B-2-304 - Utah State Legislature
- Corroborating Justia - Utah Code § 78B-2-304
- Corroborating FindLaw Codes - Utah Code § 78B-2-304
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Utah attorney.