Can I Sue For My Loved One’s Death?

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Can I Sue For My Loved One’s Death?

By Steven Jensen
April 25, 2022

Losing a loved one is one of life’s biggest challenges. Having a loved one pass away due to an accident with a vehicle or a negligent event at work can bring a whole new level of stress and trauma. If you’re a spouse of a family member in this situation, you may be wondering what your next steps are. What rights do you have? How do you move forward?

If you have questions about what you can do, what rights you and your family have, or if you want the help of a personal injury lawyer in Utah, this blog is for you.

Wrongful Death Claim – Can I Sue For My Loved One’s Death?

Under Utah Code section 78B-3-106, a wrongful death is the death of a person caused by another’s negligence or unlawful conduct. The victim’s blood relatives or personal representatives may take legal action against the responsible party or parties for compensation. 

  • The spouse of the deceased person
  • The children of the deceased person, including adult children and legally adopted children
  • The parents of the deceased person 

If the surviving spouse, children, or parents fail to file a wrongful death claim within three months of death, the personal representative of the decedent’s estate may file the claim. 

A wrongful death lawsuit not only seeks to right a wrong, but it also helps fight for a financial settlement you’re entitled to. Here is a list of the items that may be recoverable in a wrongful death claim:

  • Loss of wages or benefits 
  • Loss of companionship
  • Pain or suffering 
  • Lost inheritance by surviving children
  • Medical costs incurred that related to the deceased person’s injury or illness which caused the death
  • Guidance
  • Counseling
  • Funeral Expenses

Who can I sue for my Loved One’s Death?

After determining that a wrongful death claim is the best course of action, you’ll need to know who it is you’re suing. Here are a few examples of who can be held accountable for your loved one’s passing:

The Other Motorist  

If your loved one passed away due to the negligence of another motorist on the road, you can bring a wrongful death suit against the other driver and their insurance. In most cases, insurance companies have policy limits. While you have every right to request the full amount, they may deny your request. In this case, it’s best to seek legal help from a personal injury attorney. They will help you get the maximum financial compensation that you and your family deserves. Ultimately, you do not want to do this alone due to the overwhelming nature of taking on insurance companies. With a lawyer on your side, you won’t miss out on thousands of dollars.

The Business 

If your loved one passes away on the job or due to a condition that can be linked to the business, you can sue the business for the negligent and unsafe acts. Your family can claim the maximum amounts available for their insurance policies. Similar to wrongful deaths with motorists, going up against insurance companies can feel overwhelming. That’s why seeking legal advice from a personal injury lawyer is the best choice you can make.

Medical Practitioner  

You trust doctors to take care of your health and well-being. Unfortunately, there are cases where they fail to carry out their obligations. If your loved one passed away due to the negligence of a medical practitioner, you may be eligible to file a wrongful death lawsuit and seek compensation. As always, we recommend having a trustworthy personal injury law firm to help you navigate this difficult and complex situation.

Choose Parker & McConkie for Your Utah Wrongful Death Case

Our Utah wrongful death lawyers are here to help you during this difficult time. The Parker & McConkie personal injury attorneys have worked on numerous cases similar to yours and have fought hard to win the compensation they deserve. Since we’re passionate about helping people in your situation, we offer free case evaluations.

Contact our office today at (801) 285-9867. You can reach our Utah law firm by phone or email. We’re also available to meet with you personally at the most convenient location for you. For more information about how we can assist you after a loved one’s death, visit our website now!

How Can We Help You?

Schedule a Free Consultation Now By Contacting Our Team at (801) 980-9708