The heirs must file the wrongful death claim within two years of the death (Utah Code 78B-2-304) or one year if they file against the government (Utah Code 63G-7-402). Each case is different, but all have a limitation on how long the family has to file a claim against the wrongdoer (Jensen v. IHC Hospitals). The representative must wait 45 days until they can present a claim by affidavit to the insurance company for “up to $25,000 for liability and uninsured motorist (UM) claims and $10,000 for underinsured motorist (UIM) claims.” However, claims for personal injury protection (PIP) benefits do not have to wait 45 days. Pursuing a wrongful death case does not affect any other case an heir might have on their own behalf against the wrongdoer (Utah Code 78B-3-106.5). If either the person injured or the person responsible for the injury dies before the settlement of any claims, the case does not die. It continues with representatives of the deceased person. They can also pursue damages for personal injury to the deceased before the death. The heirs can then pursue damages against the wrongdoer for the injuries sustained before death (Utah Code 78B-3-107). However, if the injured person dies six months after the accident, then the heirs can only seek payment for damages indirectly and uniquely caused by the accident, not directly, unless they have given written notice before the six months elapses. Further, if before the injured person dies, they had settled a claim or failed to file it before the statute of limitations passed, then the heirs cannot file a wrongful death claim unless certain exceptions apply (see Jensen v. IHC Hospitals & Bybee v. Abdulla).