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Salt Lake County

Herriman Wrongful Death Lawyer

When someone you love is killed in a crash or another preventable accident in Herriman, the legal questions arrive before anyone is ready for them. We explain the options plainly, at your pace, with no pressure to hire us.

Herriman’s roads have seen real loss. In UDOT’s crash records from January 2018 through August 4, 2025, 10 people died in 8 fatal crashes inside the city, and 4 of those deaths were on Mountain View Corridor, according to the figures on our Herriman most dangerous roads page. Herriman Highway (13100 South), with only 42 recorded crashes, accounted for 3 of the fatal ones. Behind each number is a family suddenly facing funeral costs, a missing income and questions nobody has answered.

No settlement replaces a parent, a child or a spouse. The purpose of a claim is narrower and practical: a full account of how the death happened, accountability for whoever caused it, and money to cover what the family has lost.

Who Can Be Held Responsible

Utah Code § 78B-3-106 lets the heirs bring a claim against whoever caused a death by a wrongful act or neglect, either directly or through a personal representative, and it reaches an employer who answers for that person’s conduct. A death on the job is usually handled through workers’ compensation instead. In Herriman, UDOT’s records show where the danger concentrates: angle (side-impact) crashes are 33.6% of the city’s crashes but 34 of its 56 serious or fatal ones, and officers flagged a disregarded signal or sign in 15 of those serious or fatal crashes.

Charges against the driver and the family’s claim move independently. The criminal court decides punishment; the civil claim decides compensation, under a lower burden of proof. Families can go forward without waiting for an arrest, a charge or a verdict.

Who Brings the Claim

The heirs are spelled out in § 78B-3-105. First come a surviving husband or wife, the children, and the natural or adoptive parents. A stepchild counts if under 18 at the time of death and either financially supported by the person who died or living with them at least part time. Other blood relatives qualify under the intestacy rules only when there is no surviving spouse, child or parent. Our Utah wrongful death guide explains how this plays out.

The Deadlines

Utah gives a family two years to file (§ 78B-2-304). If Herriman City, UDOT, Salt Lake County or another public entity may share responsibility, through a road defect, a work zone or a government vehicle for example, a written notice of claim must be filed within one year (§ 63G-7-402). Our statute of limitations page lists every deadline.

Damages a Family Can Recover

Utah lets the court award whatever damages are just under all the circumstances (§ 78B-3-106). That usually includes:

  • The income, benefits and household help the person would have provided.
  • Medical bills from the final injury, along with funeral and burial costs.
  • Loss of love, companionship, care and guidance, including what children lose when a parent dies.
  • The emotional loss the family suffers.
  • Punitive damages in some cases. Utah ordinarily demands clear and convincing proof of willful, malicious or knowingly reckless conduct, but that standard does not apply when the driver was impaired in violation of § 41-6a-502 (§ 78B-8-201).

Families sometimes feel uneasy asking for money after a death. The law has no other way to measure what was taken, and a recovery can go toward what the person would have provided, such as a surviving child’s care.

Where Fatal Crashes Happen in Herriman

Mountain View Corridor carries the city’s fastest traffic and accounts for 26 of Herriman’s 56 serious or fatal crashes in UDOT’s records, with its Real Vista Drive junction standing out at 7 serious or fatal crashes out of 41. The single serious or fatal pedestrian crash at a Herriman traffic signal in that period, at Daybreak Parkway (11800 South) and Freedom Park Drive, was flagged for DUI, as noted on our Herriman dangerous intersections page. Crashes on newer roads, where layouts shift as construction continues, can involve contractors and public agencies as well as drivers. For how crash evidence is gathered locally, see our Herriman car accident page.

The First Things We Do

The crash report will come from the Herriman Police Department at 5355 West Main Street, or from the Utah Highway Patrol if it investigated on a state highway. We request it, secure the vehicles before they are released or salvaged, ask nearby homes and businesses for video before it is overwritten, identify every insurance policy that may apply, and field the insurers’ calls so the family does not have to. If a lawsuit becomes necessary, it is filed in the Third Judicial District Court for Salt Lake County, which sits at its West Jordan courthouse, 8080 South Redwood Road, Suite 1701, and at the Matheson Courthouse downtown. Our steps in a Utah injury case page lays out the process, and the Herriman personal injury page covers local agencies.

Our Approach

A Note on Results

No two families arrive in the same circumstances, and each case gets the attention that requires.

See our case results →

Past results depend on the facts of each case and do not predict the outcome of yours.

Family Questions

What Herriman Families Ask

Who can file a wrongful death claim after a death in Herriman?

Utah Code § 78B-3-106 gives the right to the heirs or to a personal representative suing for them. The heirs are listed in § 78B-3-105; for most families that is a spouse, the children, or the parents.

How long does a family have?

Two years under § 78B-2-304. If a government entity such as Herriman City or UDOT may share fault, a written notice of claim is due within one year, and that shorter deadline is easy to miss.

The other driver was charged with DUI. Does that affect our claim?

The criminal case and your civil claim are separate, and you do not need a conviction to recover. Impairment can matter to damages, though: Utah’s usual standards for punitive damages do not apply to a claim arising from impaired driving in violation of § 41-6a-502.

What do you charge?

You pay nothing up front, and no attorney fees unless we win. Our fee is a share of whatever is recovered, set out in writing before you decide anything, along with how costs are handled.

Which court would hear a Herriman case?

Most claims resolve without a lawsuit. If one is filed, it goes to the Third Judicial District Court for Salt Lake County, which has a courthouse in West Jordan at 8080 South Redwood Road. We prepare each case as if it will go to trial.

Can we talk before deciding anything?

Yes. The first conversation is free and confidential, and it does not obligate you to anything.

Talk With Us When You Are Ready

Free consultation. No attorney fees unless we win. Hablamos Español.