Park City Wrongful Death Lawyer

A sudden death leaves a family with grief and, before long, with practical questions: what happened, who is responsible, and how the household will manage now. For families in Park City and across Summit County, the answers come from Utah's wrongful death statutes, and if a lawsuit is filed it is usually heard in the Third District Court at the Silver Summit Justice Center, off US-40 about six miles from downtown.

No lawsuit can undo a loss. A claim can establish the facts, hold the responsible party accountable and give the family some financial footing while it grieves.

When a Death Gives Rise to a Claim

Utah Code § 78B-3-106 lets the heirs, or a personal representative acting for them, sue when a death is caused by another person's wrongful act or neglect. Around Park City those cases most often begin on I-80, US-40, SR-224 or SR-248, but they also come from a pedestrian struck on a dark street, a motorcycle crash on a mountain road, or a property that was not kept safe.

This civil claim is separate from any criminal prosecution. A criminal case punishes the wrongdoer; the family's claim compensates the family, and it is decided under a lower burden of proof.

Who Can Bring the Claim

Utah Code § 78B-3-105 lists the heirs: the spouse, the children, the natural or adoptive parents, stepchildren under 18 who were supported by or lived with the person who died, and, when none of those survive, other blood relatives under the intestacy rules. Our wrongful death guide covers the process in more depth.

Two Years, Not Four

A wrongful death action generally has to be filed within two years (Utah Code § 78B-2-304). When a government entity may share responsibility, such as a city or county vehicle, a Park City Transit bus or a UDOT road, a written notice of claim is due within one year (§ 63G-7-402). Our statute of limitations page has the details.

What the Family Can Recover

Depending on the facts, damages may include:

• The financial support, household services and benefits your family member would have provided.
• Medical costs from the final injury, plus funeral and burial expenses.
• The loss of companionship, love, care and guidance, including a child's loss of a parent.
• The grief and sorrow the family lives with.
• Punitive damages in rare cases of especially reckless conduct, such as impaired driving.

The statute lets a court award the damages that are just under all the circumstances of the case (§ 78B-3-106(4)). Money does not replace a person, but it can lift the financial weight while you grieve.

Wrongful Death Cases in Summit County

We handle claims arising from crashes on I-80 through Parley's Canyon and the Snyderville Basin, on US-40 and on SR-248 toward Kamas; motorcycle crashes on Guardsman Pass and the Mirror Lake Highway; pedestrians struck on Main Street or near a resort base; and deaths caused by dangerous property. When a collision on the slopes is the cause, Utah's Inherent Risks of Skiing Act bars claims against the ski area operator for risks inherent in the sport, but it does not by its terms protect the other skier; our ski injury guide explains the difference.

How We Help Park City Families

We request the report from whichever agency responded, whether Park City Police, the Summit County Sheriff's Office or the Utah Highway Patrol, preserve the evidence, identify every applicable insurance policy, deal with the insurers and keep the family informed. The steps in a Utah injury case describe the process. Our Park City personal injury page covers the area's roads and hazards, and our Salt Lake City car accident page explains how crash claims are built.