78B-2-304. Within two years.
An action may be brought within two years:
| (1) | 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; |
| (2) | for recovery of damages for a death caused by the wrongful act or neglect of another; |
| (3) | 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 |
| (4) | 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. |
Another key distinction between a murder trial and a civil wrongful death suit is this: It is extremely difficult for the prosecution to prove guilt beyond a reasonable doubt in a criminal trial. To win a civil case, the plaintiff has simply prove that the defendant is liable “by a preponderance of the evidence,” or that it is more likely than not that the defendant is guilty for the death. However, a defendant can be sued for wrongful death in civil court and face criminal charges for the same death if two separate events led to the victim’s death.
You can reach us 24hrs a day at 435-487-9707 we can connect you with a Utah Wrongful Death Attorney immediately.
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