How to Pursue a Wrongful Death Claim In Utah
Death always feels wrong when it occurs to one of our loved ones, but especially when the death was entirely preventable if only someone else had taken reasonable precautions. When a close family member dies due to another party’s actions, it amplifies the feelings of loss and grief. In many cases, wrongful deaths also leave families in situations of financial hardship due to the high cost of funeral expenses at the same time they may have lost an income. A wrongful death claim demands financial compensation and gives a lost loved one back their voice for justice.
Contact an expert Salt Lake City wrongful death attorney today at (385) 404-6398 to get the justice your loved one deserves.
First, How Do I Know If It’s a Wrongful Death Under Utah Law?
Before moving forward on a wrongful death claim, it’s important to consider the wrongful death law in Utah, which states the following under Utah Code 78B-3-106:
“When the death of a person 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 the person is employed by another person who is responsible for his conduct, then against the other person.”
If the circumstances of the death are such that the decedent could have filed a personal injury claim had they survived, then close family members may file a wrongful death claim. Common wrongful death claims arise from car accidents, defective products, medical malpractice, premises accidents, and acts of violence. When one party’s negligent, reckless, or wrongful actions cause a death, it’s a wrongful death under Utah Law.
Filing the Wrongful Death Claim In Utah
Some states require a personal representative of the deceased person to file the claim. This is typically the named executor of the decedent’s estate or one appointed by the court. In Utah, a close family member may directly file a claim OR the personal representative named in the will. Often, these are the same person.
Typically, wrongful death claims are filed by the closest surviving family member, and one who suffers financial loss for the death. This is usually the surviving spouse, the parent of a deceased child, or the adult children of a deceased parent with no surviving spouse. If a decedent leaves none of the above-surviving family members, the court may consider a wrongful death claim made by a sibling or grandparent.
Investigating and Documenting Evidence for a Utah Wrongful Death Claim
The claimant in a wrongful death action bears the burden of proving the at-fault party’s negligence directly caused the death. Because insurance companies commonly protect their profits at the injury victim’s expense, it’s highly beneficial to hire a skilled wrongful death attorney to navigate the claim by doing the following:
- Ensuring the paperwork is flawlessly executed
- Investigate all aspects of the accident or incident that caused the death to document ample evidence of the at-fault party’s liability
- Present their findings in a demand letter to the appropriate insurance company
- Negotiate from an evidence-backed position of strength with the insurance adjuster assigned to the case
Most wrongful death claims in Utah are resolved through a settlement when an attorney makes a compelling case; however, the attorney prepares the case as though for court so they are fully prepared to litigate the matter should the insurance company undervalue or dispute the claim.
Meeting all Filing Deadlines for a Utah Wrongful Death Claim
If a wrongful death case must go to court for litigation, the claimant (plaintiff in the case) must file the lawsuit petition within two years from the date of the death under the state’s statute of limitations for personal injury and wrongful death cases.
What Compensation Can My Family Recover In a Wrongful Death Claim In Utah?
A successful wrongful death claim could recover compensation for the following damages:
- Funeral and burial costs
- Lost income for family members who take time away from work
- Income loss for the number of working years the decedent had left to them had they not perished
- Loss of healthcare and retirement benefit contributions
- Grief, anguish, and loss of companionship, parental support and guidance, or loss of consortium
No one wishes to focus on the financial aspects of a sudden loss, but an unexpected death can quickly cause financial hardship on close family members.
Large commercial vehicle accidents are oftentimes deadly — if a loved one was involved in a fatal collision, contact a truck accident lawyer in Salt Lake City today.
How Can a Utah Wrongful Death Lawyer Help?
Taking on a complex legal process can be an overwhelming endeavor while you and your family are still managing your shock and grief.
Instead, reach out to the compassionate wrongful death attorneys at Handy & Handy at (385) 404-6398 or contact us online to focus on your family’s financial compensation while you focus on saying goodbye and helping your loved ones through the grieving process.