When a fatal accident occurs, families are often left with more than grief. Questions about medical bills, funeral expenses, lost income, insurance claims, and legal responsibilities can arise almost immediately. The Provo wrongful death lawyers at Parker & McConkie help families pursue accountability and financial recovery after the loss of a loved one caused by someone else's negligence.
Whether the loss resulted from a collision on I-15, a crash near University Parkway, a workplace accident, a dangerous property condition, or another preventable event, Utah law may provide surviving family members with the right to seek compensation.
We understand that a wrongful death claim cannot undo what happened. Compensation cannot replace a spouse, parent, child, or family member. What it can do is provide financial stability, answer questions about how the tragedy occurred, and hold accountable the people or companies whose actions contributed to the loss.
At Parker & McConkie, we represent families throughout Provo and Utah County in wrongful death cases involving serious negligence and fatal accidents. If your family is facing questions about your legal rights after a preventable death, our team can help you understand your options and determine what should happen next.
Reach out today for a free consultation. You are under no obligation to take action, but with more information, you can make better decisions. Call our Provo office at (801) 877-1493.
Why Families Choose Parker & McConkie for Wrongful Death Cases
Wrongful death cases involve much more than proving fault for an accident. They often require attorneys to address insurance disputes, investigate the circumstances surrounding the death, coordinate with estate representatives, calculate future financial losses, and prepare for the possibility of litigation.
At Parker & McConkie, our wrongful death attorneys approach these cases with the understanding that surviving family members are often balancing legal concerns with significant personal responsibilities.
We can help families by:
- Conducting detailed investigations into how the fatal accident occurred
- Preserving evidence before it disappears
- Identifying all individuals, businesses, or entities that may be responsible
- Calculating both present and future financial losses
- Handling communications and negotiations with insurance companies and defense attorneys
- Litigating your claim if a settlement is not possible
Many wrongful death claims involve substantial damages because the consequences of the loss extend far into the future. Insurance companies know this. As a result, these cases may be aggressively disputed from the beginning.
Our attorneys prepare each case with the expectation that every claim, every expense, and every aspect of liability may be challenged. That preparation often becomes one of the most important factors in achieving a successful outcome.
Our firm’s track record includes successfully resolving Utah wrongful death cases, including $5 million and $2.25 million outcomes for our clients. Prior case results cannot predict future outcomes, but these cases demonstrate our commitment to families who have lost a loved one due to another person’s negligence.
When Does a Death Become a Wrongful Death Claim?
Not every unexpected death leads to a wrongful death lawsuit. Under Utah law, a wrongful death claim generally arises when a person dies because of another party's negligent, reckless, or intentional conduct.
The focus is not simply on the fact that a death occurred. The question is whether the death would likely have been prevented if another person or company had acted responsibly.
What are the Common Causes of Wrongful Death Cases in Provo?
Wrongful death claims can arise from many different situations. Motor vehicle accidents remain one of the leading causes. High-speed collisions on I-15, intersection crashes along University Avenue, distracted driving accidents, impaired driving incidents, and trucking collisions can all result in fatal injuries.
Workplace accidents are another common source of wrongful death claims when a third party’s negligence caused the accident. Construction projects throughout Utah County often involve multiple contractors, heavy equipment, elevated work areas, and other significant hazards.
Medical negligence, defective products, unsafe property conditions, and fatal pedestrian accidents can also lead to wrongful death lawsuits. Each case requires a careful investigation to determine exactly what happened and who should be held responsible.
Who Can File a Wrongful Death Claim in Utah?
One of the first questions many families ask is who has the legal authority to bring a wrongful death claim. Utah law allows certain surviving family members to pursue compensation after a wrongful death. In many cases, this includes:
- The surviving spouse
- Adult children
- Parents
- Other heirs in specific circumstances
- A personal representative acting on behalf of the estate
The specific structure of a claim can vary depending on family circumstances, whether an estate has been opened, and who survives the deceased person. Because these issues can become complicated, families can reach out to our team for legal guidance before making important decisions about the claim.
Understanding the Difference Between a Wrongful Death Claim and an Estate Claim
Many people are surprised to learn that more than one legal claim may arise after a fatal accident. Here are the differences between a wrongful death claim and a survival action.
A wrongful death claim focuses on losses suffered by surviving family members. An estate-related claim—sometimes called a survival action—focuses on damages suffered by the deceased person before their death.
Depending on the circumstances, both types of claims may exist simultaneously. This distinction can significantly affect the available damages, the parties involved, and the ultimately distribution of compensation. In a free consultation, our team can explain your potential rights and handle both types of claims for your family.
What Compensation May Be Available in a Provo Wrongful Death Case?
The financial consequences of a wrongful death often continue for years after the accident itself. Families have lost the income, services, guidance, and support that the deceased person provided every day.
When we bring a wrongful death claim, we may request compensation for:
- Funeral and burial expenses
- Medical expenses related to the final injury or illness
- Lost income and future financial support
- Loss of household services
- Loss of companionship and care
- Loss of parental guidance
- Emotional suffering experienced by surviving family members
The value of a wrongful death claim is not determined by a simple formula. Each claim is unique, and we take the time to understand how your loss has impacted your family.
A parent raising children, a spouse supporting a household, or an adult child helping aging parents may contribute in ways that extend far beyond a paycheck. Our thorough evaluation considers the full impact of the loss on your family's future.
Are Punitive Damages Allowed in Certain Cases?
Some wrongful death cases involve particularly reckless conduct. For example, a fatal drunk driving crash, extreme workplace safety violations, or intentional misconduct may create circumstances where punitive damages are appropriate.
Unlike traditional compensation, punitive damages are intended to punish especially dangerous conduct and to deter similar conduct in the future. Courts do not award these damages in most cases. We can explain whether they apply to your situation during a free case review.
What Happens If the Person Who Died Was Partially at Fault?
Defendants and insurance companies frequently attempt to reduce their exposure by arguing that the deceased person contributed to the accident. In these cases, Utah follows a modified comparative fault system. This means your claim may still proceed if the deceased person was less than 50% responsible for the incident.
Unfortunately, these arguments are commonly raised in fatal accident litigation. Specifically, insurers try to shift blame in motor vehicle crashes, workplace accidents, and premises liability cases.
Our team can conduct a thorough investigation to gather evidence showing who was at fault. Because the person who could best explain what happened is no longer able to provide testimony, our mission is to speak for them.
How Long Do Families Have to File a Provo Wrongful Death Lawsuit?
Utah’s statute of limitations generally imposes a two-year deadline for wrongful death claims. Although two years may sound like a long time, these cases take time to prepare, and important evidence can disappear quickly. Surveillance footage may be erased, witnesses may become difficult to locate, and physical evidence can be lost.
When you partner with our wrongful death team early, we can begin our investigation promptly and gain significant advantages, particularly in cases involving commercial defendants, trucking companies, construction sites, or other situations where key evidence may be controlled by the opposing side.
What Does It Cost to Hire a Provo Wrongful Death Lawyer?
Most families are not prepared for the financial strain that follows a fatal accident. For that reason, the Parker & McConkie lawyers handle wrongful death cases on a contingency fee basis.
Under this system, you pay no upfront attorney fees, and we only receive legal fees if we recover compensation for your family through settlement or litigation. This allows your family to work with high-quality legal representation without taking on additional financial obligations as you deal with your loss.
How the Parker & McConkie Team Can Help Your Family After a Fatal Accident in Provo
Wrongful death cases require much more than filing paperwork and negotiating with insurance companies. Our attorneys work to build a complete understanding of the accident, your family, and the long-term impact of the loss.
Depending on the circumstances, that may involve reviewing accident reports, interviewing witnesses, obtaining company records, working with economic experts, consulting medical professionals, preparing evidence for trial, and advocating for a fair resolution before a judge or jury.
Just as importantly, we help families address practical questions that arise after a fatal accident. Questions about insurance coverage, estate administration, settlement decisions, and legal deadlines often appear long before a case reaches resolution.
By managing these issues, we can help your family make informed decisions while protecting the value of your claims.
Frequently Asked Questions About Provo Wrongful Death Claims
Does a criminal case affect a wrongful death lawsuit?
Sometimes. Criminal proceedings and wrongful death lawsuits are separate matters, but evidence developed during a criminal investigation may become important in a civil case. However, a wrongful death claim can often proceed regardless of whether criminal charges are filed.
What if the person who caused the death was uninsured?
A claim may still exist through uninsured or underinsured motorist coverage, employer liability policies, commercial insurance, or other available sources. Identifying all available coverage is an important part of evaluating a wrongful death claim.
Can multiple family members receive compensation?
Yes. Depending on the circumstances, compensation may be allocated among eligible surviving family members. The structure of the claim and family relationships often affect how damages are distributed.
Will our family have to go to court?
Many wrongful death claims resolve through settlement negotiations. However, serious cases may require litigation because defendants and insurers often dispute liability or damages. We always prepare cases for trial to strengthen the family's position during negotiations. If you must appear in court, we will thoroughly prepare you for the experience.
How soon should we speak with a lawyer after a fatal accident?
As soon as practical. Early legal involvement can help preserve evidence, identify insurance coverage, and prevent mistakes that could affect the value of your claim later.
Contact the Provo Wrongful Death Lawyers at Parker & McConkie Today to Learn More
After a fatal accident, families are often forced to make important decisions long before they feel ready. Insurance companies may begin asking questions, bills may arrive, and uncertainty about the future can quickly become a source of additional stress.
The Provo wrongful death lawyers at Parker & McConkie help families understand their legal options, investigate what happened, and pursue financial recovery when negligence caused a preventable death.
If your family has questions about a wrongful death claim, call us at (801) 877-1493 before accepting an insurance settlement or making decisions that could affect your rights. A free conversation now may provide answers that help protect your family for years to come.