If you’ve lost a family member in a fatal accident in Midvale, Utah, you may be eligible to file a wrongful death claim under state law. Parker & McConkie Personal Injury Lawyers is here to help with the legal side of things during this difficult time. Contact us today at (801) 845-0440 to schedule a free initial consultation.
Our Midvale wrongful death lawyers have over 100 years of combined experience and have secured hundreds of millions for our deserving clients. We can handle your case with compassion and focus while you take the time you need to mourn and adjust. Reach out to learn more about your legal rights and options.
Why Choose Parker & McConkie Personal Injury Lawyers for Your Family’s Wrongful Death Case in Midvale, UT?
After the sudden loss of a loved one, choosing a law firm may feel like one more impossible task on top of many others. However, it’s true that hiring the right legal team can make a major difference in your case. You’ll want an experienced wrongful death lawyer in Midvale, UT, with a proven record and the ability to take your case to court if needed.
Parker & McConkie Personal Injury Lawyers brings deep experience and an outstanding track record of success to every case we take on. We have secured multiple six-figure recoveries in wrongful death claims to date and are known for our trial skills and attention to detail. Insurance companies know we won’t accept unfair offers, and that gives us leverage in settlement negotiations.
Our award-winning Midvale personal injury lawyers are prepared to fight for the full justice and compensation your family is owed. Contact our law offices today to schedule a free consultation.
What Is Considered a Wrongful Death Under Utah Law?
In Utah, a death is considered “wrongful” when it results from another person’s negligence, recklessness, or intentional conduct. These types of claims are governed by Utah Code § 78B-3-106, which allows surviving family members to bring a lawsuit when the deceased would have had a personal injury claim had they lived.
Examples of situations that may give rise to a wrongful death lawsuit include:
- A car accident caused by a reckless driver
- A fatal injury on dangerous property
- A workplace accident caused by a third party
- Medical malpractice by a healthcare provider
- A defective product that caused fatal injuries
- Intentional acts such as assault or homicide
In these cases, the goal is not just to hold the at-fault party accountable, but also to seek financial support for the family members left behind.
Who Can File a Wrongful Death Claim in Utah?
Utah law limits who can file a wrongful death claim, prioritizing close relatives and the personal representative of the estate.
Generally, the following people may be eligible:
- The surviving spouse of the deceased
- The surviving adult children
- The surviving parents (if the deceased had no spouse or children)
- The personal representative of the estate
In some cases, stepchildren or other dependents may also have a right to recover, depending on their relationship to the deceased.
If you’re unsure whether you’re eligible to file, our attorneys can evaluate your case and explain your rights. We can also help you determine whether a survival action should be filed on behalf of the estate in addition to a wrongful death claim.
How Much Is My Midvale Wrongful Death Case Worth?
Every wrongful death claim is different, so each will ultimately have a different value as well. No two lives are the same, and there’s no formula that can capture what your family has lost. Still, financial compensation can help you manage the practical realities of life after your loved one is gone.
Factors that can influence how much your case is worth include, but are not limited to, the following:
- The age and life expectancy of the deceased
- Their occupation, income, and career potential
- Whether they provided financial support to the family
- The value of the household services they performed
- The emotional loss and loss of companionship suffered by surviving relatives
Our personal injury law firm works with experts in economics, medicine, and vocational analysis to fully understand the value of your claim. We don’t rely on estimates and instead fight for what your case is truly worth.
What Types of Damages Are Available After a Wrongful Death?
Utah law allows surviving family members to recover compensation for both economic and non-economic losses. These damages reflect what the deceased provided to their loved ones during life, as well as the financial consequences of their death.
Economic Damages
Economic damages may include:
- Medical bills related to the fatal injury
- Funeral and burial expenses
- Loss of the decedent’s future income or financial support
- Value of lost services, such as childcare or household help
These tangible losses can have a profound impact on your family’s financial stability, and pursuing compensation can help ease the burden during an already difficult time.
Non-Economic Damages
Non-economic damages address the emotional and relational loss caused by the death, such as:
- Loss of companionship and emotional support
- Pain and suffering experienced by the deceased
- Loss of care, guidance, and affection
While no amount of money can replace the emotional bonds you’ve lost, non-economic damages aim to acknowledge the deep personal suffering and enduring impact of your loved one’s absence.
What Is Negligence and How Do I Prove It?
Negligence is the failure to act with the level of care that a reasonable person would use in the same situation. In wrongful death cases, proving negligence means showing that someone acted carelessly and caused a fatal accident.
To prove negligence, your lawyer must establish four key elements:
- Duty of care: The defendant had a legal responsibility to act safely or reasonably.
- Breach of duty: The defendant failed to meet that responsibility.
- Causation: That failure directly caused the death.
- Damages: The victim’s family suffered losses as a result.
These elements are proven through evidence like accident reports, witness statements, medical records, and expert testimony. Our attorneys can then use this information to connect the defendant’s actions to the fatal incident and the harm your family has suffered.
What If the At-Fault Party Blames My Loved One?
Utah uses a modified comparative fault system. That means if your loved one was partly responsible for the accident, it may reduce (but not necessarily eliminate) the amount you can recover.
If your loved one was less than 50% at fault, you can still obtain compensation, though it will be reduced by their share of the blame. If they were 50% or more at fault, you cannot recover damages.
Insurance companies often try to shift the blame in wrongful death claims. Our legal team is prepared to fight back against these tactics and protect the value of your case.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Midvale, UT?
Our wrongful death attorneys in Midvale work on a contingency fee basis, meaning you pay nothing unless we win compensation for your case. There are no upfront costs, no hourly billing, and no out-of-pocket legal fees.
If we recover money through a settlement or jury verdict, our fee comes out as a percentage of that amount. If we don’t win, you owe us nothing in attorney’s fees. This allows families to pursue justice regardless of their financial situation and helps ensure we’re incentivized to recover as much compensation for you as we can.
What Is the Time Limit to File a Wrongful Death Claim in Utah?
Utah gives you a limited window to take legal action after a wrongful death. In most cases, you have two years from the date of death to file a wrongful death lawsuit. If a government entity is involved, you may have even less time.
Missing this deadline means the court will likely dismiss your case, causing you to lose your chance at recovering any compensation from the responsible party.
That’s why it’s essential to reach out to an experienced wrongful death attorney as soon as possible. At Parker & McConkie Personal Injury Lawyers, we’ll act quickly to preserve your rights and protect your ability to file on time.
Contact a Midvale Wrongful Death Attorney for a Free Consultation
No amount of money can make up for the loss of your loved one. However, a successful wrongful death claim may be able to provide security, accountability, and closure for your family.
Parker & McConkie Personal Injury Lawyers has more than 100 years of combined experience and has recovered hundreds of millions for people just like you. Our Midvale wrongful death attorneys will stand by your side every step of the way and fight for the outcome you deserve.
Call us today or reach out online to schedule a free consultation. We’ll make your case our priority from start to finish.
