It is always sad when someone passes away, but there are some situations where someone may have passed away unexpectedly. If that is the case, there could be a wrongful death situation.
You might be interested in filing a wrongful death lawsuit in Utah. Just because someone has passed away doesn’t necessarily mean that there is a wrongful death claim. Furthermore, even if someone passes away due to the action or inaction of someone else, that person might not necessarily be able to bring a wrongful death claim.
What do you need to know about filing a wrongful death claim in Utah? Take a look at a few important points below.
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First, it is vital to understand when you can file a wrongful death claim in Utah. Even though you can file a claim anytime, it doesn’t automatically mean it will be honored.
In general, you can file a wrongful death lawsuit if someone dies due to a wrongful act by another person. For example, someone may pass away because of a physical assault. If that is the case, you could bring a wrongful death lawsuit.
Even if the act was not criminal, you might still be able to bring a wrongful death lawsuit in civil court. For example, you might be able to claim that someone acted with extreme negligence. If the negligence resulted in someone else’s death, there might be a wrongful death case.
On the other hand, the person bringing the suit needs to have legal standing. That is why you need to understand who can file a wrongful death case in Utah, as the court could throw out the lawsuit if the person does not have legal standing to bring a claim.
If you plan on filing a wrongful death claim, you must make sure you have the legal standing to do so. Generally, the deceased person’s personal representative can bring up a wrongful death claim. Therefore, if someone has power of attorney or is the direct descendant of the individual, they should be able to bring a wrongful death claim in Utah.
What happens if the beneficiaries are children? Even though children might not be able to file a wrongful death claim, the guardian of those children might be able to bring a wrongful death claim. Because many moving parts are involved, you must contact a legal professional who can help you. A wrongful death attorney can look at your case and see if you have the legal standing to file a wrongful death claim.
If you believe you can file a wrongful death claim in Utah, it is essential to do so sooner rather than later. You need to file a wrongful death claim within a statute of limitations. If you wait too long to do so, your case might not be heard, even if the wrongful death claim itself is valid.
You only have two years in Utah to bring a wrongful death claim. You cannot sit around all day waiting to file a claim. It will be best if you reach out to a wrongful death attorney as quickly as possible. The attorney can look at your case and see if you deserve damages following a wrongful death situation.
You need to understand just how large your settlement might be. You can use a wrongful death settlement to recover various damages. A wrongful death case or wrongful death suit can recover different types of compensation.
Some of the most common examples of damages a Utah wrongful death claim might be able to recover include:
You might be able to recover compensation for medical and funeral expenses. For example, blood relatives might be able to file a claim following a wrongful act. If there are a lot of medical costs that the individual incurred before they passed away, or if the funeral was costly, wrongful death lawsuits might be able to help you recover compensation.
If the wrongful death victim was a breadwinner of the family, it could be difficult for the family to make ends meet without that income. There is a chance that the deceased person’s heirs might be able to file a Utah wrongful death claim for lost revenue.
A wrongful death lawyer can help you figure out how much income that person might have earned during the rest of their life. Then, you can file a claim to recover that lost income on their behalf.
Only some people will be entitled to punitive damages. Still, if the situation was particularly egregious, the judge might impose additional damages because of the severe nature of the case. For example, if the surviving parent lost the other parent as a result of the murder, the family could be entitled to punitive damages. Your lawyer can discuss this situation with you to see if you have a case for punitive damages.
In a Utah a wrongful death case, you might also be able to file for compensation related to property damage. In addition to the person passing away, there might have been severe damage to personal property. Maybe the car was destroyed, or perhaps the house was severely damaged.
These types of damages can be expensive to fix. A Utah wrongful death case might be able to recover compensation that can help you repair your property. Do not forget to talk to a Utah wrongful death attorney about whether wrongful death cases fall under this umbrella.
You might also be able to file a wrongful death case due to the loss of consortium. It is a legal definition, and a wrongful death lawyer in Utah can see if you are entitled to additional compensation.
If you have questions about the type of compensation you might be able to recover in a Utah wrongful death case, you need to speak with an attorney who specializes in this area. Your lawyer can review your claim to maximize your compensation.
It is also essential to be aware of some of the most common causes of wrongful death. A few examples that you need to keep in mind include the following:
Most doctors will do everything they can to ensure their patients are well cared for. On the other hand, there are situations where medical malpractice might have occurred.
For example, the doctor might miss a diagnosis that he should have caught. There’s also a chance that the doctor might prescribe the wrong medication for someone. You need to speak to an attorney who can consult with medical experts to see if medical malpractice has occurred.
Motor vehicle accidents are another prevalent cause of wrongful death cases in the state of Utah. Even if you take every possible precaution behind the wheel of a car, there is a chance that a motor vehicle accident might still happen because not everyone does as good a job of paying attention to the road.
If someone gets killed in a motor vehicle accident, a Utah wrongful death lawyer can review the situation to see if the other party is entitled to compensation. It requires a thorough investigation, so reach out to a Utah wrongful death lawyer as quickly as possible. It would help if you made sure to review your case.
Finally, criminal activity can also result in a wrongful death situation. Just because someone is held accountable in a criminal court doesn’t mean that they cannot go to civil court as well. If you believe a loved one got killed due to illegal activity, you need to contact a lawyer to see if you can file a wrongful death claim.
There is a good chance that if the person was found guilty in a criminal court, they could be found guilty in a civil court as well. The sooner you reach out to a wrongful death lawyer in Utah, the faster you can get your case reviewed.
Following a wrongful death situation, you must make sure that you honor the memory of your loved one. Make sure that he has a beautiful funeral, but do not forget that you need to reach out to a wrongful death lawyer in the state of Utah as well. There is a statute of limitations within which you must file a claim to reach an attorney sooner rather than later.
If you are looking for the best attorney in the local area to represent you, look no further than Parker + McConkie. We have a significant amount of experience representing families of all backgrounds, and it would be our pleasure to represent you and your family as well. We can review your case, assess possible damages, and make sure you receive the maximum possible compensation. You must ensure that your loved one receives justice, even if he has passed away.
It would be our pleasure to make sure that happens for you. Give us a call today to schedule a free consultation, and let us help you bring a wrongful death claim.