Provo Wrongful Death Lawyer
Request Free ConsultationMillions are hurt and even seriously injured every year as a result of accidents. Folks in Provo, Utah are aware of this problem too. Unfortunately, sometimes a person can be killed as a result of an accident. If this happens, no amount of money can make a person whole again, but it can help to ease the burden on those left behind. If your loved one is killed as a result of an accident that wasn’t their fault, you may have a wrongful death case.
However, trying to file a wrongful death suit on your own is difficult and frustrating, especially in the middle of such a tragedy. That’s when you need one of the experienced Provo wrongful death lawyers from We Win Injury Law on your side to help you with your case and to work to get you the compensation you deserve.
Why Do You Need a Provo Wrongful Death Attorney?
It can be tempting to just file a claim on your own and try to get the compensation you need from the at-fault party for your loved one’s death. You may think that filing the case on your own will mean that you can get the money sooner, but there are many parts to a wrongful death case. Without the expert experience of a lawyer on your side, you may not be able to get fair compensation or the compensation you want at all without assistance.
There are several things that an wrongful death lawyer in Provo can do for you that the average person cannot do themselves.
Help With Filing and Meeting Deadlines
From the moment of the accident that costs your loved one their life, the clock starts ticking on the time you have to file your claim due to the statute of limitation. If you miss your deadline on any of the parts of the claims process it can negatively impact the amount of compensation you receive or can cause your claim to be denied outright, meaning you’ll get no compensation whatsoever.
Help Gathering Evidence and Building Your Case
In order to get compensation for your case, you’ll need evidence to support your claim. Knowing what to do and figuring out how to go about gathering the evidence after the accident. Your Provo wrongful death attorney will help you with determining what evidence you need and how to build your case.
This may mean things like gathering witness testimony, getting camera footage, taking pictures of the scene of the accident, proof of death, medical expenses, and costs incurred as a result of your loved one’s death. The case can be even more complicated if the person is a primary financial provider for your family or if there are children involved.
Fighting Against the Insurance Company and Legal Defense
The most important role that a personal injury attorney plays for you is to defend you against the insurance company and their investigators or the legal defense of the at-fault party. They will likely try to offer you a settlement for much less than your case is worth or they may work actively to try to disprove your case completely.
A personal injury attorney from We Win Injury Law in Provo Utah will be able to help you fight back against anyone trying to deny your claim and help you get the just and fair compensation you deserve for your loved one’s wrongful death.
What Is a Wrongful Death in Utah?
In Utah, wrongful death is the result of the wrongful act, neglect, or default of another. This legal framework applies to situations where a person’s death is caused by the actions, or inactions, of someone else, whether through negligence, medical malpractice, or an intentional act. For example, a wrongful death might occur due to a fatal car accident caused by another driver’s carelessness, a medical error that leads to a patient’s death, or a violent act that results in loss of life.
At We Win Injury Law, our Provo wrongful death attorneys represent clients who have lost loved ones due to:
- Car accidents
- Medical malpractice
- Motorcycle collisions
- Slip and fall accidents
- Truck accidents
- Pedestrian accidents
- Defective products
- Dog bite injuries
- Nursing home abuse
- Boarding accidents
- Workplace injuries
If you are unsure whether your case qualifies for a lawsuit, contact us today for a free consultation. Our lawyers will assess your case and help you determine your optimal course of action to seek justice for your loved one.
Who Is Eligible to File a Wrongful Death Lawsuit?
Under Utah law, the right to file a wrongful death claim is specifically reserved for the deceased person’s heirs or the personal representative of the estate. If the deceased was an adult under guardianship, the guardian may also bring the claim. If you do not fall into one of these categories, you are likely ineligible to file the claim on behalf of the deceased.
An heir is defined as any of the following parties:
- The deceased’s surviving spouse
- The deceased’s surviving children, including adoptive children
- The deceased’s surviving parents, including adoptive parents
- Surviving stepchildren who were financially dependent on the deceased
Utah Code § 78B-3-106 Death of a person — Suit by heir or personal representative.
Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, 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.
What Types of Damages Are Available in a Provo Wrongful Death Claim?
Wrongful death lawsuits allow the deceased person’s family or estate recover compensation to help pay for the losses or damages that they have suffered due to their death. These damages include, but are not limited to, the following:
- Funeral and Burial Expenses: The settlement covers the costs associated with the funeral services, burial, or cremation, helping alleviate the financial burden on the deceased’s family.
- Final Medical Expenses: This includes all medical costs incurred from the injury or illness leading to death, encompassing hospital stays, treatments, and related medical expenses.
- Lost Wages: This accounts for the income the deceased would have earned had they lived, including future earnings potential.
- Pain and Suffering: Damages are awarded for the pain and suffering the deceased experienced from the time of injury until death.
- Loss of Inheritance: The settlement can provide compensation for the wealth that the deceased might have accumulated and passed on to heirs.
- Loss of Affection, Counsel, and Advice: This category recognizes the profound emotional loss suffered by the deceased’s loved ones.
The attorneys at We Win Injury Law can help your family assess the full value of your damages, exploring every possible avenue on your behalf. We will fight to ensure that the settlement reflects the full value of your family’s damages.
Don’t Hesitate, Contact We Win Injury Law Today!
Losing a loved one is never something anyone wants to deal with, but you shouldn’t be denied compensation after the accident. Let the Provo personal injury attorneys at We Win Injury Law help get you the compensation you deserve.