What Is a Wrongful Death Lawsuit?

It is always a tragedy when a loved one dies. If the death had been avoided, there could be a wrongful death situation.

Your wrongful death attorney can ensure you honor the death of a loved one who passed away. It means remembering the good times and pursuing justice on behalf of a loved one who passed away unnecessarily.

They would be happy to review your case to see if there is a wrongful death claim you can pursue. Read on to learn more about filing a wrongful death case.

What Are the Different Types of Wrongful Death Cases?

Like numerous other aspects of the justice system, Utah has several different types of wrongful death suits.

Some of the most common examples of wrongful death action include: 

Intentional Act

One of the most egregious examples of a wrongful death case is an intentional act that resulted in someone else’s death. When we discuss this situation, we are typically talking about murder.

If someone commits an intentional act and kills somebody else, they should face justice not only in the criminal justice system but also in the civil justice system. A deliberate act of violence resulting in someone else’s death should undoubtedly be considered wrongful.

Negligence or Accidental

There is also a chance that an accidental death could qualify as a wrongful death. For example, if someone is operating a vehicle while under the influence of drugs or alcohol, they could end up in a motor vehicle accident where someone else is killed.

This type of negligence should certainly be viewed as criminal, but it can also qualify as a wrongful death situation. You may file a wrongful death suit as a result.

Malpractice

Finally, malpractice could result in someone else’s death, leading to wrongful death claims. When seeing a doctor, you expect him to do everything he can to care for you. While the overwhelming majority of doctors are exceptional human beings who will do anything to help their patients, there are situations where malpractice could result in an avoidable death.

Your wrongful death lawyer would happily review your case to see if medical malpractice resulted in a wrongful death. The sooner you reach out, the easier it will be to advocate for your rights. 

Who Can File Wrongful Death Lawsuits?

In the state of Utah, there are only a few people who can file a wrongful death lawsuit on behalf of someone who has passed away. First, if you are the heir of someone who has passed away due to a wrongful death, you may file a wrongful death lawsuit against the liable party.

If you got named as a representative of the deceased person’s estate, you might file a wrongful death lawsuit on behalf of the estate. Your attorney would happily review your situation to check if you can file a wrongful death case in Utah.

How Can You Prove a Wrongful Death Case?

Even though you may think you have a wrongful death claim, you must prove that the defendant was responsible. Knowing something terrible happened and proving someone else was responsible for that act are different scenarios.

There are several elements you must have to prove wrongful death. The steps you need to follow in your wrongful death suit include the following:

Hire an Experienced Attorney in Wrongful Death Lawsuits

First, you must hire an attorney with experience handling wrongful death lawsuits and settlements. It is a unique area of the law, and not every attorney has the training and experience to pursue wrongful deaths on behalf of family members properly.

An experienced wrongful death attorney has represented countless individuals and families and understands what it takes to win a wrongful death lawsuit in court.

Prove That the Defendant Was Negligent

After filing a wrongful death claim, you must prove the defendant was negligent. Just because someone died unnecessarily doesn’t mean that the defendant was responsible. You will need to show that the defendant committed an intentional act of violence resulting in the death of your loved one, or you will need to show that the defendant was somehow negligent.

For the defendant to have been negligent, you need to prove that he had a duty of care toward your loved one that he somehow violated.

Show That the Negligence Resulted in the Victim’s Death

Then, you need to show that the negligence exhibited by the defendant somehow resulted in the death of your loved one. Just because the defendant was negligent doesn’t necessarily mean that the negligence resulted in the death of your loved one.

Your lawyer can ensure he connects the dots in your lawsuit, increasing your chances of a favorable outcome.

Demonstrate the Damages Inflicted on Your Family as a Result

Finally, you must show that damages were somehow inflicted on your family when your loved one died. Of course, if your loved one passes away, damages will probably be inflicted.

Your attorney can pursue different types of compensation for different kinds of damages. For example, if your loved one was still drawing a significant income, he may be able to pursue compensation that can replace that income.

Rely on your wrongful death attorneys to maximize the value of your claim. 

What Damages Are Available in a Wrongful Death Claim?

Your lawyer may be able to pursue different types of damages on your behalf if you file a wrongful death claim. Some of the damages that he may be able to pursue include the following:

• Medical Expenses: Did your loved one incur significant medical expenses before passing away? Pursue compensation that can cover the medical bills that your family incurred. Keep copies of your receipts. You can use those receipts to increase the size of your wrongful death settlement.
• Final Expenses: Did you have a funeral for your loved one after he passed away? Funerals can be expensive, and you may seek compensation that can cover the cost of the funeral expenses. Make sure you retain copies of those receipts as well.
• Lost Income: If your loved one was still earning an income when he passed away, it might be difficult for surviving family members to make ends meet. You could pursue compensation that can replace your lost income.
• Emotional Distress: There will always be emotional distress when a loved one unexpectedly passes away. Depending on the circumstances of the case, you can pursue compensation for the emotional pain you and your loved ones have experienced.
• Punitive Damages: Not every wrongful death case will result in punitive damages, but if the case was particularly egregious, you might be able to pursue punitive damages. For example, suppose your loved one was killed by a defendant intentionally. In that case, the case should qualify for punitive damages and may be able to increase the size of your wrongful death settlement.

If you have questions about the damages, schedule a case consultation, and let your wrongful death attorneys represent you and your family.

Wrongful Death Lawsuits vs. Survival Actions: What’s the Difference?

Depending on the nature of your case, you may call it a wrongful death lawsuit or a survival action. Even though these cases are similar, they are not identical.

For example, if a child or spouse files a wrongful death lawsuit on behalf of a deceased person, the claim will probably be categorized as a wrongful death lawsuit. On the other hand, if someone is filing a wrongful death lawsuit as a representative of the estate, it will probably be called a survival action.

The label attached to the case could influence the damages you are entitled to, so you must contact a lawyer before filing your claim.

What Is the Wrongful Death Statute in Utah?

You will probably have much on your mind when a loved one dies. You want to ensure that all of your financial affairs are in order, and you need to make sure that all expenses are covered. Then, when all of this is combined with a funeral, it is easy to forget to file a wrongful death lawsuit.

In Utah, you have two years from the date your loved one passes away to file a lawsuit. While this might sound like a long time, your case will probably have a better chance of success if you file a wrongful death lawsuit immediately after your loved one dies. You must contact your lawyers to schedule a case consultation quickly.

Schedule a Free Consultation With Our Wrongful Death Attorney Today

It can be stressful when your loved one passes away, but it can be downright tragic if your loved one dies unnecessarily. You need to pursue justice on behalf of your loved one, and that is where we can help you.

At Parker & McConkie, we would be honored to advocate for your rights and protect your interests by filing a wrongful death lawsuit for a loved one who has passed away. Call us today to schedule a consultation, and make sure your rights are protected.