Sandy Wrongful Death Attorney
If you have recently lost a loved one, our hearts go out to you. We can only imagine the devastating impact this sudden loss has had on you and your family. If someone else was responsible for your loved one’s death, we are here to support you during this tragic time and offer you the legal and emotional support you need. Our compassionate wrongful death attorneys can discuss your case in a confidential setting and explain your options. Call Handy & Handy today to schedule your free, no-obligation consultation.
Why Do I Need a Sandy Wrongful Death Lawyer?
Utah law sets a strict two-year time limit to file a wrongful death claim. It can be hard for grieving families to advance a legal claim while mourning their loss. The compassionate wrongful death lawyers at Sandy & Sandy can handle your claim, including:
- Investigating who is responsible for your loved one’s death
- Gathering evidence to establish fault and your family’s losses
- Handling communication with witnesses, insurance companies, and other parties
- Managing your claim paperwork and filing deadlines
- Negotiating for fair compensation
We use a compassionate approach with our clients but an aggressive one against insurance companies and defendants who deny responsibility. Let us handle your legal claims while you focus on your family.
What Is a Wrongful Death?
Each state has its own laws regarding when a deceased’s surviving family members or personal representatives can file a wrongful death claim. Utah’s wrongful death statute provides for this right when a death is due to a wrongful act or neglect. Common grounds for filing a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Ski or snowboarding accidents
- Intentional acts, such as murder
What Is a Wrongful Death Claim?
A wrongful death claim is separate and distinct from a criminal case. Like other types of personal injury claims, the case is focused on awarding damages against the defendant to the surviving family members. The court cannot bring back your loved one, so the only way they can provide some form of justice is by awarding you compensation for the losses you would not have experienced if the death had not occurred.
In a criminal case, the court is focused on punishing the defendant, such as through imprisonment, fines, probation, or other penalties. Because the burden in a criminal case is higher, requiring proof of guilt beyond a reasonable doubt, it is more difficult to secure a conviction than to win a personal injury lawsuit, which only requires showing the defendant’s liability by a preponderance of the evidence, meaning it’s more likely than not the defendant is responsible for the death.
Who Can File a Wrongful Death Claim in Utah?
Utah’s wrongful death statute allows the personal representative of the estate or the guardian of the deceased to file a wrongful death claim. Alternatively, the decedent’s heirs can file the lawsuit. “Heirs” is defined under Utah law as any of the following family members related to the decedent:
- Spouse
- Children
- Parents
- Stepchildren, if under 18 at the time of the death and were financially dependent on the decedent
- Other blood relatives
If the personal representative files the case, the money goes to the heirs.
Financial Compensation Recoverable in Wrongful Death Cases and Survival Actions
The court can order the defendant to pay damages that reflect the losses the victim and their family sustained because of their actions or inactions. Potential damages may include:
- Funeral and burial expenses
- Medical expenses for the final injury or illness
- Lost wages
- Lost future wages and employment benefits
- Loss of the possibility of inheritance
- The victim’s pain and suffering
- Loss of affection, counsel, and advice from the decedent
In rare circumstances, the court may order punitive damages as a way to punish the defendant for particularly reckless or intentional behavior.
Contact Handy & Handy for Legal Assistance Today
Wrongful death cases are complicated, but Handy & Handy can help. An experienced Sandy wrongful death attorney from our law firm can sit down with you and discuss your legal rights. Call us today for a free, no-obligation case review.