It is always a tragedy when a loved one passes away, but if the death could have otherwise been avoided, there could be a wrongful death situation at hand.
We are Parker & McConkie, and we want to make sure that you honor the death of a loved one who has passed away. This means not only remembering the good times but also pursuing justice on behalf of a loved one who passed away unnecessarily.
We would be happy to review your case to see if there is a wrongful death claim you can pursue. Learn more about filing a wrongful death case, and reach out to us to schedule a case consultation to discuss wrongful death claims.
Like numerous other aspects of the justice system, there are several different types of wrongful death suits in the state of Utah.
Some of the most common examples of wrongful death action include:
One of the most egregious examples of a wrongful death case is an intentional act that resulted in the death of someone else. 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. An intentional act of violence that results in the death of someone else should certainly be considered a wrongful death.
There is also a chance that an accidental death could qualify as a wrongful death. For example, if someone is operating a motor 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 be able to file a wrongful death case as a result.
Finally, malpractice could also result in the death of someone else, leading to a wrongful death claim. When you go to the doctor, you expect him or her to do everything he or she can to take care of 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.
We would be happy to review your case to see if medical malpractice has resulted in a wrongful death situation. The sooner you reach out to us, the easier it will be to advocate for your rights.
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 as a result of a wrongful death, you may be able to file a wrongful death lawsuit against the responsible party.
Or, if you have been named as a representative of the estate of someone who has passed away, you may be able to file a wrongful death lawsuit on behalf of the estate. We would be happy to review your situation to see if you are eligible to file a wrongful death case in Utah.
Even though you may think you have a wrongful death claim in front of you, you need to prove that the defendant was responsible. Knowing something bad happened and proving someone else was responsible for that act are totally 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:
First, you need to hire an attorney who has experience handling wrongful death lawsuits and wrongful death settlements. This is a unique area of the law, and not every attorney has the training and experience necessary to pursue wrongful deaths on behalf of family members properly.
Our wrongful death attorneys have represented countless individuals and families over the years, and we understand what it takes to win a wrongful death lawsuit in court.
After you file a wrongful death claim, you need to prove that the defendant was negligent. Just because someone died unnecessarily doesn’t mean that the defendant was responsible. You will need to show that either the defendant committed an intentional act of violence that resulted 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 or she had a duty of care toward your loved one that he or she somehow violated. We understand what it takes to meet this burden of proof.
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.
We can make sure that we connect the dots in your lawsuit, increasing your chances of a favorable outcome.
Finally, you will need to show that when your loved one passed away, damages were somehow inflicted on your family. Of course, if your loved one passed away, there will probably be damages inflicted.
We may be able to pursue different types of compensation for different types of damages. For example, if your loved one was still drawing a significant income, we may be able to pursue compensation that can replace that income.
Rely on our wrongful death attorneys to maximize the value of your claim.
There are different types of damages that we may be able to pursue on your behalf if we file a wrongful death claim. Some of the damages that we may be able to pursue include:
If you have questions about the damages we can pursue on your behalf, reach out to us today to speak to our team. Schedule a case consultation, and let our wrongful death attorneys represent you and your family.
Depending on the nature of your case, we 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 family member who passes away, 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 to which you are entitled, and that is why you need to reach out to us before filing your claim. We want to put your case in the best position possible to be successful.
When a loved one passes away, you will probably have a lot on your mind. You want to make sure 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 being successful if you file a wrongful death lawsuit immediately after your loved one passes away. That is why you need to reach out to us to schedule a case consultation as quickly as possible.
It can be stressful when your loved one passes away, but it can be downright tragic if your loved one passes away 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 on behalf of a loved one who has passed away. Give us a call today to schedule a consultation, and make sure your rights are protected.
Locations
SALT LAKE CITY
lehi
provo
WYOMING
IDAHO
Get A Free Consultation 
