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