Utah Wrongful Death Laws
During the initial aftermath of a sudden death, the close surviving family members focus on moving through their shock and grief, and saying goodbye to their loved one. If the death directly resulted from another party’s careless, reckless, or intentionally harmful actions, the grieving family members may also consider taking legal action once they’ve begun to encounter the financial effects of the loss, such as facing funeral and burial costs at the same time they may have lost the income of a family provider due to the death.
Before considering a wrongful death lawsuit, it’s important to understand Utah’s wrongful death laws and how they apply to your case.
Contact the Salt Lake City wrongful death lawyers at Handy & Handy Attorneys at Law — call (385) 404-6398 today.
The Death Must Directly Result From Another Party’s Negligence or Wrongdoing
Sometimes an accidental death occurs and no one else is to blame; however, if the death was preventable if only someone else had taken reasonable care, it’s a wrongful death. Examples include a death caused by a negligent or reckless driver, a medical malpractice death, a death due to a defective product, or a death caused by a negligent property owner. Intentional acts of violence also cause wrongful deaths.
A successful wrongful death lawsuit in Utah requires showing compelling evidence that the death would not have happened but for the actions of another party.
Who Can File a Wrongful Death Claim In Utah?
Like other states, Utah limits wrongful death claims only to those closest to the decedent and who suffer financially from the death as well as emotionally. This prevents distant relatives from exploiting a death that doesn’t cause them financial losses. In Utah, a wrongful death claim may be brought by one of the following:
- The spouse
- A parent
- An adult child or the representative of a minor child
- The executor of the decedent’s estate on behalf of the heirs
If none of the above exist or they decline to file a claim, the court may consider a wrongful death claim brought by a sibling or grandparent. Call a personal injury lawyer in Salt Lake City to get the justice your loved one deserves.
Proving Damages to Recover Wrongful Death Compensation
Utah’s wrongful death laws require the petitioner to show evidence that they’ve suffered economic damages from the death as well as grief and anguish. Examples of damages recovered in successful wrongful death claims in Utah include the following:
- Medical expenses, if the decedent received emergency care before their death
- Funeral and burial costs
- The loss of a provider’s income
- Loss of benefits such as health insurance and retirement contributions
- The loss of household services, such as caring for the children or maintaining the home or yard
Non-economic damages are also available for recovery, such as compensation for grief and anguish, loss of a spouse’s companionship and consortium, or the loss of a parent’s guidance and support.
Punitive Damage May Be Available Under Utah Law
Punitive damages are not awarded to grieving family members in every wrongful death lawsuit; however, Utah’s courts allow family members to seek punitive damages if the actions that caused the death were particularly egregious. Punitive damages serve as a punishment and deterrent to the wrongdoer rather than as compensation to the family members. Still, the amount awarded goes to the family member who filed the wrongful death claim.
How Can a Wrongful Death Lawyer From Handy & Handy Help?
If you have questions about Utah’s wrongful death laws and how they might apply in your loved one’s case, call the experienced attorneys at Handy & Handy at (385) 404-6398 or contact us online for a free evaluation of your claim. At Handy & Handy, we’ve dedicated our careers to advocating for the financial accountability and justice families deserve.