Understanding the Statute of Limitations in Wrongful Death

Every action when it comes to law, especially wrongful death, has a time limit for when they must be filed. These time limits are most commonly referred to as “statutes of limitations”. 

One of the most important things to understand about these limitations is the time frame in which someone has to file a claim, whether in Salt Lake City or elsewhere. If the claim isn’t filed within the limit given, the plaintiff will not be able to go through with the case and will lose the right to file.

Every state within the U.S. has a specific set of statute of limitation laws that vary depending on certain circumstances. Some give a time limit of just a year, while others provide two-to-three years to file. Utah, in particular has a time limit of two years for wrongful death cases.

According to Utah.gov, the code, written and passed in Salt Lake City for wrongful death within the state (Title 78B Chapter 2 Section 304) states that this particular case can be filed within two years:

• “Against a marshal, sheriff, constable, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collected upon an execution;
  

• In causes of action against the state and its employees, for injury to the personal rights of another if not otherwise provided by state or federal law; or
  

• In causes of action against a political subdivision of the state and its employees, for injury to the personal rights of another arising after May 1, 2000, if not otherwise provided by state or federal law.”
  

Most people in Salt Lake City are unaware of the correct and specific laws describing wrongful death and its involvement within the statute of limitations. For anyone who has dealt with these types of cases, or is currently dealing with them (or knows someone who is), it would pay off to brush up on this code and the laws related to this issue.

If people are still confused as to what the law is within Salt Lake City and Utah, they should talk with a qualified attorney that can sufficiently explain the terms within the state. Professionals can assist in making these processes much less stressful and bring more understanding to these unfortunate situations.

Rhett Ahlander is a legal writer reporter for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry.