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Utah Wrongful Death Attorney

Utah wrongful death attorney

The team at the ReshLaw Accident & Injury can help you pursue a wrongful death lawsuit to get you and your loved ones much-needed compensation. A lawyer who has handled wrongful death cases before with a track record of success will be familiar with strategies that have worked in similar situations. 

We encourage you to contact our Utah wrongful death attorneys as soon as possible to discuss your potential wrongful death suit. Remember, the statute of limitations in Utah applies, so it's important to seek legal advice now to ensure you get the wrongful death settlement you deserve before it is too late. 

Our wrongful death team is available to answer your questions, so please contact us now so we can begin work on your wrongful death case. 

How Our Utah Wrongful Death Attorney Can Help You

How our Utah wrongful death lawyer can help you

Losing a loved one is a devastating experience, and more devastating when a negligent party causes their death. If you find yourself in such a situation in Utah, seeking legal representation from an experienced wrongful death attorney is crucial.

At ReshLaw Accident & Injury, our compassionate and knowledgeable wrongful death legal team specializes in handling wrongful death claims and providing support to grieving families during this difficult time. We provide guidance and support in preparing your case, taking it to civil court, and beyond.

Gathering Evidence and Conducting Investigations

One of the primary ways our wrongful death lawyers can assist you is by gathering evidence and conducting thorough investigations into the circumstances surrounding the passing of your loved one. Investigating wrongful death may involve reviewing police reports, interviewing witnesses, analyzing medical records, consulting with experts, and reconstructing the accident scene. By diligently collecting evidence, we can establish a strong foundation for your wrongful death claim.

Identifying Liable Parties and Establishing Negligence

Determining the liable party responsible for your loved one's death is essential in a wrongful death claim. Our Utah experienced wrongful death legal team will meticulously investigate the case to identify all potentially liable parties. Whether it's a negligent driver, a medical professional, an employer, or any other entity, we will work tirelessly to investigate and establish the negligence or wrongful actions that led to the fatal accident.

Calculating Damages and Potential Compensation

Calculating damages and potential compensation is crucial to a wrongful death claim. Our Utah wrongful death lawyer will work closely with financial experts and other professionals to assess the financial losses suffered by the surviving family members. We will consider factors such as medical bills, funeral expenses, lost wages, loss of financial support, and the emotional impact on the family. Punitive damages may also be appropriate to hold the responsible party accountable for negligent behavior.

Negotiating With Insurance Companies and Opposing Counsel

Navigating the legal complexities of a wrongful death claim can be overwhelming, especially when dealing with insurance companies and opposing counsel. Our skilled wrongful death attorney in Utah will handle all communications with insurance providers and opposing parties on your behalf. We will skillfully negotiate for a fair settlement that adequately compensates you for your loss. We aim to protect your rights and ensure you receive the compensation you deserve.

Representing the Client in Court if the Case Goes to Trial

In some instances, settling through negotiation may be challenging. Our experienced Utah wrongful death attorney will represent you in court if your case goes to trial. We will present a compelling case backed by solid evidence, expert testimony, and persuasive arguments.

Our legal team has substantial courtroom experience and is committed to fighting for your rights and seeking justice on behalf of your loved one. We are not afraid to push hard against the defense lawyers of the opposing side to ensure you are treated fairly. 

Understanding Wrongful Death Claims

These are lawsuits filed by the surviving family members of a deceased person whose death was caused by the negligence of another party. These claims seek to hold the responsible party accountable and provide financial compensation to the family members who have suffered losses due to their loved one's death.

It's worth noting that a personal injury claim like wrongful death is a civil case. If the accident had a criminal element involving criminal charges, the criminal case would occur separately from the civil case. Your personal injury legal counsel will help you understand the complexities and differences between a civil and criminal case. If the victim's family suspects a criminal element, it's important to speak to law enforcement immediately. 

Determining Whether a Wrongful Death Claim May Be Filed

Determining whether a wrongful death claim may be filed

According to Utah statute 78B-3-106, "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."

To determine whether a wrongful death claim can be filed, certain criteria must be met. In Utah, the following conditions must typically be satisfied:

  1. The death is caused by another party's negligence, recklessness, or intentional act.
  2. The victim's family suffered damages as a result of the death.
  3. Usually, you must be an immediate family member (spouse or children) to file a wrongful death claim. However, if no immediate family members, financial dependents, or other family members may be able to file.

Common Causes of Wrongful Death Claims in Utah

Common causes of wrongful death claims

Various unfortunate circumstances can cause personal injury cases like wrongful death lawsuits. A drunk driver could cause a deadly accident. Poor workplace safety protocols might lead to a tragic accident. The potential for wrongful deaths is found in many different circumstances.

Some of the most common causes of wrongful death in Utah include:

Car Accidents

These accidents are a leading cause of personal injury and wrongful death cases in Utah. In 2021, the number of auto accidents resulting in death in Utah was approximately 270. Negligent driving, drunk driving, speeding, distracted driving, and other forms of driver negligence can result in fatal accidents. Unfortunately, a car accident is often the start of a Utah wrongful death case, often resulting from carelessness and someone else's negligence. 

Somecar accident cases can lead to civil and criminal cases, such as drunk driving. Our Utah wrongful death attorneys can represent you in civil court. The issue of criminal charges would be handled in criminal court.

Motorcycle Accidents

Given the severity of most motorcycle accidents, wrongful death cases are familiar with these types of accidents. Motorcyclists are more vulnerable on the road, and collisions with larger vehicles can be catastrophic. Much like a car accident, a motorcycle accident is frequently the beginning of a Utah wrongful death case.

Pedestrian Accidents

Pedestrian accidents that occur at crosswalks or other locations are another common type of accident leading to fatal injuries involving vehicles. Drivers who fail to yield or drive recklessly can cause devastating pedestrian accidents. When a pedestrian is struck by a vehicle, the impact can cause severe injuries due to the weight and force of the moving car. On a national level in the United States, pedestrian fatalities typically account for around 17% to 20% of all traffic-related deaths each year. 

Medical Malpractice

Medical malpractice occurs when healthcare professionals provide substandard care, leading to a patient's death. Wrongful death claims can be filed against doctors, nurses, hospitals, and other medical providers.

Workplace Accidents

Workplace accidents, especially in hazardous industries such as construction, can result in fatal injuries. Employers may be liable for negligence or failure to provide a safe working environment.

Parties Who Can File a Utah Wrongful Death Lawsuit

In Utah, the following parties are generally eligible to file wrongful death suits to recover compensation:

  1. The surviving spouse of the deceased;
  2. The adult children of the deceased;
  3. The parents of the deceased if there are no surviving adult children or spouse; and
  4. Those financially dependent on the deceased.

Proving Liability in a Wrongful Death Case

Proving liability in a wrongful death case

Proving liability in a wrongful death case requires establishing the following elements:

  1. The at-fault party had a duty to ensure the well-being and safety of the deceased.
  2. The at-fault party breached their duty either through negligence or a wrongful act.
  3. The breach of duty caused the victim's death.
  4. The surviving family members suffered damages as a result of the death.

Steps in a Utah Wrongful Death Lawsuit

A wrongful death lawsuit typically involves the following steps:

  1. Investigation: Gathering evidence, identifying liable parties, and building a strong case.
  2. Filing the Lawsuit: In the appropriate court, personal injury lawyers file the lawsuit.
  3. Discovery: Both sides exchange information, evidence, and witness testimonies.
  4. Negotiation: Parties may attempt to settle through negotiations or mediation, which often means your attorney is negotiating with the insurance company.
  5. Trial: The case proceeds to trial if a settlement cannot be reached. We present evidence and seek a favorable verdict against the insurance company or other opposing party. If the court decides in your favor, it will decide what wrongful death damages you will receive. 

Beneficiaries of a Wrongful Death Claim

Beneficiaries of a wrongful death claim

The beneficiaries of a wrongful death claim in Utah usually include blood relatives, which may include:

  1. The surviving spouse of the deceased;
  2. The children of the deceased, including adopted children; and
  3. The parents of the deceased, including adoptive parents, if there is no surviving spouse or children.

Wrongful Death Statute of Limitations in Utah

According to Utah statute 782B-2-304, "An action may be brought within two years: (2) for recovery of damages for a death caused by the wrongful act or neglect of another;" 

It's critical to submit a wrongful death claim before Utah's statute of limitations expires. In most wrongful death cases, the statute of limitations is two years from the date of death. Failing to file within this timeframe may result in losing the right to seek compensation.

Damages You May Receive Under a Wrongful Death Claim

Under a wrongful death claim, you may be eligible to receive various types of damages, including:

Premortem Medical Bills

Compensation for any medical expenses incurred before the victim's death may be sought through a wrongful death claim, funeral costs and other costs associated with the event.

Lost Wages

If the deceased was the primary breadwinner, the surviving family members may seek compensation for the lost income and benefits they would have received had the victim survived.

Loss of Financial Support

The support that the deceased person would have provided to the family members can be accounted for in the wrongful death claim. This includes both current and future financial support.

Death Benefits Under Personal Injury Protection (PIP)

PIP is a type of coverage that provides benefits to policyholders and their passengers to cover medical expenses and other related costs resulting from a car accident, regardless of who was at fault.

Regarding death benefits under PIP in Utah, the coverage typically includes funeral expenses and survivor benefits for the deceased person's dependents. These benefits may include a death benefit payout to the surviving family members or beneficiaries.

A lawyer experienced in Wrongful Death can help you recover benefits from the at-fault party and your own policy under PIP. 

Schedule a Free Consultation With Our Experienced Utah Wrongful Death Attorney at ReshLaw Accident & Injury

Schedule a free consultation with our Utah wrongful death attorney

Handling a Utah wrongful death lawsuit is difficult. An experienced Utah wrongful death attorney will know the strategies that can produce the best results for the beneficiaries and maximize the amount of the wrongful death settlement or verdict. 

If you've lost a loved one as a result of another person's negligence, we encourage you to seek the guidance of an experienced Utah wrongful death attorney. At ReshLaw Accident & Injury, we understand the emotional and financial toll a wrongful death can take on a family. Our experienced legal team is here to provide you with the support and representation you need during this challenging time. 

We understand you have a choice regarding Utah wrongful death lawyers. We are confident in our years of experience working for both insurance companies and big law firms on wrongful death cases. As a result, we know both sides of every argument. We are passionate about helping you get fair compensation and will work tirelessly on your behalf. 

Schedule a free consultation, get a “Resh Perspective” regarding your wrongful death case, and explore your legal options. We're dedicated to helping you seek justice and recover the compensation you deserve.

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