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When a loved one dies it is tragic for the entire family. When the death is a result of an accident that wasn’t their fault, the tragedy can be even worse. Families have to figure out what to do without their loved one, how to pay all the bills, take care of children, make up for the lost income, and cope with the emotional trauma of the event. This can be distressing as it is, but when you add trying to recover from the financial burden that the family is facing, it can be nearly impossible to recover.
If you do have a wrongful death lawsuit as a result of your loved one’s death, it’s important to follow the proper steps to get compensation. One of the best ways to do that is with the help of a personal injury attorney in Salt Lake City from We Win Injury Law. Our team of Salt Lake City wrongful death attorneys is experienced in handling wrongful death cases and we make it our mission to help Utah residents win the compensation they need so that they can focus on healing and recovering after a loved one’s death.
Understanding Wrongful Death Claims
Losing a loved one due to the negligence or misconduct of another party can give rise to a wrongful death claim. It is essential to have a clear understanding of what a wrongful death claim entails. Wrongful death is a legal term used to describe a death caused by the negligence, recklessness, or intentional actions of another person or entity.
Wrongful death claims seek compensation for various damages, including medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and emotional pain and suffering. To succeed in a wrongful death claim, it is necessary to establish that the responsible party had a duty of care, breached that duty, and that breach directly caused the death. It is crucial to be aware of the statute of limitations for filing a wrongful death claim. In Salt Lake City, the time limit is generally two years from the date of the individual’s death.
Who Can File a Wrongful Death Claim in Utah?
In Utah, according to the Utah Code § 78B-3-105, it specifies who can file a wrongful death claim on behalf of the deceased individual. The following parties are eligible to pursue a wrongful death lawsuit:
- Spouse: The spouse of the deceased holds the primary right to file a wrongful death claim. This includes both legally married spouses and common-law partners.
- Children: If the deceased has children, they have the right to bring forth a wrongful death claim. This includes biological children, adopted children, and stepchildren.
- Parents: In the absence of a spouse or children, the deceased’s parents can file a wrongful death claim. This applies to both biological and adoptive parents.
- Personal Representative: If none of the above parties are available or willing to file the claim, the personal representative of the deceased’s estate can initiate the legal proceedings.
It is important to note that Utah law does not allow siblings, grandparents, or other relatives to file a wrongful death claim unless they are appointed as the personal representative of the estate or if none of the family members mentioned above is not survived by the individual.
What Damages Can You Recover in a Wrongful Death Lawsuit?
There are two types of damages that can be recovered from a wrongful death lawsuit by the remaining family members.
Economic damages refer to all of the financial losses that a family member faces after their loved one’s death. This means things like medical bills, funeral bills, and other costs and expenses related to the accident.
One of the more complicated calculations that are calculated for economic damages is the amount of money the deceased person would have provided for their family had they continued living. This is made even more difficult if the person was a primary source of income for the family or if children were involved in the calculations of loss. Things like receipts, bills, pay stubs, and wage estimates will help, you may get assistance from a financial expert to help prove damages.
Non-economic damages refer to those losses that are not financial in nature and are therefore more difficult to measure. This refers to things like pain and suffering, emotional distress, loss of relationships, companionship, nurturing and care for children, and other impacts.
Proving these types of damages is more difficult than financial damages because it is more difficult to put a number on the value of these losses. However, a skilled lawyer can relate to the court the extent of the family’s suffering and help to convince them that the damages suffered are not only necessary but owed to the family as a result of the wrongful death.
Wrongful Death Cases We Handle
We provide legal representation and support in a wide range of practice areas related to wrongful death cases. Our experienced Salt Lake City wrongful death lawyers handle the following types of cases:
- Car Accident
- Motorcycle Accident
- Truck Accident
- Medical Malpractice
- Pedestrian Accident
- Slip and Fall
- DUI Accident
- And more
We are dedicated to providing compassionate and effective legal representation in these practice areas and are ready to support you through every step of the legal process of your wrongful death claim. Contact us today for a free consultation to discuss your case and explore your options for seeking justice and compensation.
Hire a Personal Injury Attorney From We Win Injury Law
Taking on a wrongful death case by yourself is a difficult situation. The attorneys at We Win Injury Law are experienced in handling the insurance companies, the investigators, and the legal defenders of the at-fault party. We will work for you to help prove your case, including building your case, gathering evidence, and if necessary, taking your case all the way to court. We will work for you to get the compensation your family deserves so that you can focus on your family and not on bills and expenses. Contact us here today!