St. George Wrongful Death Lawyer

For real closure, you need real justice. Losing a loved one is one of the most difficult things you will ever face in life. When that tragic loss is due to the negligence of another, the pain and frustration are even more unbearable.

Although there is sometimes a criminal prosecution related to the fatality, a wrongful death lawsuit is a civil action that is distinct and separate from any criminal proceedings. Many different circumstances give rise to wrongful deaths, including medical malpractice, motor vehicle accidents, toxic torts, manufacturing defects, and criminal activity.

Why Hire Our Wrongful Death Attorneys in St. George?

When you lose a loved one due to someone else’s negligence, you deserve a law firm that treats your case with care and aggressively pursues accountability on your family’s behalf. We Win Injury Law has represented injured people and grieving families in Utah for more than 20 years. Here’s what you can expect when you work with us:

• Your family’s case receives the combined attention of all our partner attorneys. This approach helps us prepare for anything the defense may raise during negotiations or at trial.
• We limit our caseload so every family receives personal attention. Your case will never be treated as just another file.
• We have recovered millions of dollars for our clients. That record reflects our willingness to challenge low offers rather than accept less than a family deserves.

What is Wrongful Death?

Wrongful death occurs when the death of a person is caused by the wrongful act or neglect of another.  When this occurs, the decedent’s heirs or personal representatives on behalf of his heirs may bring an action for damages against the responsible party.

While any accident that was caused by someone or something else that led to the death of your loved one could lead to a successful wrongful death claim, there are certain accidents and incidents that lead to wrongful death claims more often than others.

In addition, some occupations are more dangerous than others, such as construction work in which the risk of fall injuries are markedly higher than in other occupations.

Wrongful death claims are often due to the following:

• Motor vehicle accidents – one of the leading causes of wrongful death in the United States is motor vehicle collisions, and depending upon the circumstances of the accident you could be entitled to a bring a wrongful death claim for the loss of your loved one.
• Pedestrian accidents – when drivers are not attentive, responsible, or sober while driving and they strike a pedestrian, unguarded by a metal chassis and airbags, severe injury and death often occur, entitling the pedestrian’s family to bring a wrongful death action.
• 18-wheeler crashes – large trucks and buses account for over 5,000 fatalities each year according to the US Department of Transportation, and the at-fault trucking company’s insurance carrier will be responsible for your wrongful death claim.
• Rideshare accidents – Uber, Lyft, and other rideshares are increasingly common on the roads today, and their drivers and passengers are getting into fatal accidents with other vehicles on the road more often, leading to more wrongful death actions and awards.
• Medical malpractice – when you receive a medical procedure, the doctor is required to deliver a procedure that meets the standard of care, and when this does not happen and you lose a loved one, you can collect coverage for your financial losses and more through a wrongful death action.
• Toxic torts – exposure to chemicals that lead to death, or conditions that cause death like cancer, will generally entitle to survivor’s family and loved ones to make up for the lack of their contributions to the household.
• Manufacturing defects – if you have lost a loved one due to a defective product, such as a brake malfunction on a motor vehicle or a tainted food product, you may have the option of bringing a wrongful death action against the manufacturer, and in some cases the retailer of the defective item.
• Criminal activity – when a life is lost due to the law-breaking behavior of another, they will be civilly liable for damages through a wrongful death claim, which is an action concerned with monetary compensation that is separate from a criminal case. The outcome of a criminal case can be used in support of your civil case however.

Even with complicated cases such as Camp Lejeune contamination toxic exposures or medical malpractice, our wrongful death lawyers can tackle your personal injury case.

How a St. George Wrongful Death Lawyer Can Help You

Wrongful death lawsuits are often more complex than other personal injury claims because the person who suffered the harm is no longer here to explain what happened. Your family must prove how the death occurred, who was at fault, and the full financial and personal value of your loved one’s life, often while multiple insurance policies or legal proceedings overlap.

A St. George wrongful death attorney will take on the legal burden. They can investigate your loved one’s death, gather records and witness accounts, and work with medical and financial professionals to calculate the full impact of your loss. Your attorney can also identify every party that may share responsibility, such as an employer, a property owner, or a product manufacturer. Throughout the process, your attorney handles all communication with insurance companies and prepares the case for trial, so your family has room to grieve.

What Damages Are Available in a Wrongful Death Claim?

No amount of money can replace a loved one, but compensation can ease the financial hardship your family faces after a sudden loss. Utah law allows heirs to recover both economic and non-economic damages. Depending on the circumstances, these may include:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Lost financial support and future income
• Loss of household services, such as childcare and home maintenance
• Loss of love, companionship, and guidance

Who Can File a Wrongful Death Claim or Lawsuit in St. George?

Utah law limits who may bring a wrongful death claim. Under Utah Code § 78B-3-105, eligible heirs include the deceased person’s spouse, children, and natural or adoptive parents. Stepchildren under 18 may also qualify in certain circumstances, such as when they relied on the decedent for financial support. If none of these relatives survive, other blood relatives may be eligible under Utah’s intestate succession laws.

Determining whether or not you have standing to bring a wrongful death claim can be difficult, and your experienced St. George wrongful death attorney is standing by to help. We will assess the facts and circumstances of your situation, and determine if a family representative is possible, and if not whether it is possible to assign a representative for your lost loved one’s estate to bring the wrongful death action.

The law provides various options and paths to pursue the best possible compensation in your case, and the best way to take advantage of all the potential options to collect what you are entitled to is by working with a wrongful death lawyer.

How Long Do I Have to File a Wrongful Death Claim in St. George?

The statute of limitations is basically an expiration date for your claim, and if you miss it, your claim is spoiled and will get thrown out if you ever try and bring it. You will no longer be able to collect compensation for any of the associated damages of your wrongful death, and your household will have to bear the financial brunt of your loss. The purpose of a wrongful death claim is to ensure that this does not happen and that your family is not left in a worse-off financial position. Your loved one can never be replaced, but through a wrongful death action the negative financial repercussions of their loss are minimized.

In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit under Utah Code § 78B-2-304. Missing the deadline can permanently bar your family’s claim, so speak with a lawyer as soon as you can.

If you wait too long to file your claim, you may lose the right to seek any compensation for the tragedy you have endured. The two-year limit is actually not a very large window when you consider how complicated wrongful death cases can be. They require extensive investigation, evidence collection, and preparation before an attorney can file them. A wrongful death lawyer can be an invaluable resource during this time of hardship and can help you plan the steps you can take to obtain compensation on behalf of the estate.

Call Our St. George Wrongful Death Lawyers for a Free Consultation

Our promise to you is that we guarantee that we won’t charge any fees in your wrongful death claim and lawsuit until we settle your case or receive a jury verdict. This is because if we take your wrongful death claim, we will take it on contingency. That means we only get paid if we win, out of a portion of the earnings that we’ll agree upon before getting started on your case. There is no up-front cost for your initial consultation, and you will pay nothing out of pocket ever throughout the entirety of the process. You only stand to win, and we only get paid if that happens.

For your risk-free, cost-free case assessment, schedule a consultation or call (435) 688-9558 to discuss options. Our dedicated St. George wrongful death lawyers are standing by to review your case and help you collect what you deserve.