Except as provided in Title 35A, Chapter 3, Workers' Compensation Act, when the death of a person not a minor is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if such person is employed by another person who is responsible for his conduct, then also against such other person. If such adult person has a guardian at the time of his death, only one action can be maintained for the injury to or death of such person, and such action may be brought by either the personal representatives of such adult deceased person, for the benefit of his heirs, or by such guardian for the benefit of the heirs as provided in Section 78-11-6. In every action under this and Section 78-11-6 such damages may be given as under all the circumstances of the case may be just.

(1) (a) Causes of action arising out of personal injury to the person or death caused by the wrongful act or negligence of another do not abate upon the death of the wrongdoer or the injured person. The injured person or the personal representatives or heirs of the person who died have a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages, subject to Subsection (1)(b).
(b) If prior to judgment or settlement the injured person dies as a result of a cause other than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal representatives or heirs of that person have a cause of action against the wrongdoer or personal representatives of the wrongdoer only for special damages occurring prior to death that result from the injury caused by the wrongdoer, including income loss. "Special damages" does not include pain and suffering, loss of enjoyment of life, and other not readily quantifiable damages frequently referred to as general damages.
(2) Under Subsection (1) neither the injured person nor the personal representatives or heirs of the person who died may recover judgment except upon competent satisfactory evidence other than the testimony of that injured person.

Recovery in a wrongful death action is a long and arduous process. It is rare when settlement can be reached within a year of the accident. Two to five years is a more reasonable expectation. The statute of limitations to file a lawsuit is three years from the date of death. This statute of limitations applies differently for medical malpractice cases which require much more vigilant awareness of a potential malpractice.

Medical documents from each provider of services must be obtained and calculated. A letter is written to the negligent person's insurance carrier demanding damages for injuries, pain and suffering, lost wages, loss of consortium, etc.

Sometime after the letter is tendered the insurance carrier will respond. This response may take any of the following forms:

(1) an answer acknowledging coverage;

(2) a letter denying coverage for actions taken by the insured falling outside the policy's coverage (i.e. drunk driving, etc.);

(3) an answer making an offer of settlement. This is rare, because it is usually in the best interest of the insurance company to hang on to their money as long as possible.

If initial negotiation an agreement cannot be reached, suit is filed. The insurance company will usually file an answer on behalf of their insured. Trial is set anywhere from a year to two years after the date of filing. Discovery is filed by both parties. Discovery is a means of finding out the factual basis for claims or defenses. Following written discovery, the parties may choose to depose witnesses or experts.

A non-binding arbitration meeting is in attempt to settle the case before trial. A settlement conference is held with the judge, then a pre-trial conference to discuss motions, etc. Finally, the day of trial arrives which can last anywhere from half a day to several weeks. The judge or the jury renders their decision, and the case comes to a close unless either party appeals the decision within thirty days.

Upon appeal, the case goes to the Utah Court of Appeals for review. There, after oral argument, the court decides either to remand the case back to the District Court or to uphold the trial court's judgment. The Court of Appeals' decision can be appealed to the Utah Supreme Court, but permission must be granted by that court to review the Court of Appeals' decision. That permission is rarely granted.

In order to establish recovery enabling liability, a personal representative of a deceased must demonstrate the following elements by a preponderance of the evidence:

(1) that the person responsible for the accident owed a duty to the victim
(2) that the duty was broken;
(3) that the person's negligence was the proximate cause of the victim's injuries, and
(4) that the victim sustained damages (discussed separately).

Sometimes, the person entitled to recovery is also partially responsible for the injury. In Utah, that concept is called contributory negligence. The Plaintiff's recovery will be reduced by the percentage the finder of fact finds the Plaintiff to be negligent.
The percentage can be reduced by as much as 49%. However, if the Plaintiff is found to be 50% or more negligent that the Defendant, the Plaintiff is barred from recovery.
Very similar to the theory of contributory negligence is assumption of risk. If an injured party.

(1) had knowledge of the risk of the danger;
(2) appreciated the risk; and
(3) voluntarily exposed themselves to the risk of the danger, the injured party is barred from recovery.