The unexpected death of a loved one can turn your life upside down. It’s especially heartbreaking when your loved one dies due to someone else’s negligence. However, if you lost someone, a loved one, or a family member due to wrongful death, you can potentially claim compensation for yourself and your family members.
If the carelessness of someone caused the death of your loved one, contact Parker and McConkie. Our Salt Lake City wrongful death lawyer can help you know if you have a valid unjust death case. If you have, then we can help you pursue compensation for your damages and justice.
You can reach our Salt Lake City Wrongful Death Lawyer at (385) 220-0383 or through our online contact form.
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Parker & McConkie has had outstanding results and dedication to serving our clients in their injury cases for more than four decades of service. The following are the several reasons why people chose to hire us to handle their wrongful death claims:
• We offer free consultations;
• We have proven track records;
• We are available 24/7;
• We focus on your injury cases;
• We get our clients the medical treatment they need for their injuries;
• We offer personal representation to our clients on their behalf to deal with insurance companies;
• We have experienced trial attorneys; and
• No fees unless we win!
If a loved one or someone you know has died due to someone else’s negligence, our Salt Lake City wrongful death attorneys can assist you in recovering damages and seeking justice from the person or party responsible for their death.
It is a civil case filed against the person or the at-fault party who was liable for causing the victim’s death. The primary survivor of the deceased who can file a claim is the victim’s spouse and children. If the dead victim was not married and did not have a child, the surviving parents (financially dependent), siblings, and other blood relatives of the deceased may be able to file a claim based on their losses. A wrongful death attorney can represent them in legal procedures.
The Salt Lake City wrongful death lawyer at Parker and McConkie can check your situation to determine who may be able to file a wrongful death claim.
A wrongful death happens when someone dies due to another’s negligence (illegal act, intentional, or negligent). Here are the most common situations in which wrongful death can happen:
Car accidents are the leading cause of wrongful deaths. Most car accident tragedies happen because some drivers are driving negligently or recklessly. Other causes include:
2. Inattentive driving
3. Driving while using phones
4. Talking with passengers
The driver who caused the car accident may be held responsible for the deaths and injuries of all involved.
A trucking accident may cause mild to severe injuries; the worst case is death. Compared to a typical car in size and weight, a commercial truck is way bigger, often leading smaller cars to suffer the most in a trucking accident. A common truck accident occurs due to: :
• Drivers fatigue
• Poor truck maintenance
We often see doctors, nurses, and other medical staff as very skilled. Yet, this doesn’t mean they are not prone to mistakes; as humans, we are not flawless. In some events, such as a tragic error that causes harm or death to a patient, medical professionals can be accountable when medical malpractice happens, primarily when doctors do not provide a reasonable standard of care.
Due to the unprotected nature of motorcycles, motorcycle accidents are usually devastating. A rider or a motorcyclist may suffer high chances of severe injuries, even death. Unfortunately, most motorcycle accidents are not a result of motorcyclists; instead, some drivers are negligent toward other motor drivers.
Pedestrians are most likely to endure a high fatality risk due to vehicular accidents. A distracted driver causes most pedestrian accidents. They crash into some pedestrian walking in the crosswalk or somewhere on the road. In some situations, a pedestrian hurriedly runs into the road and bores the fault of the incident to someone else. A Salt Lake City wrongful death attorney can help you determine who should bear most of the fault.
One of the essential factors to consider when a wrongful death suit involves a defective product is whether the consumer used the product correctly and as intended when the harm occurred. Manufacturers and designers of any vehicle might not always be extra cautious in ensuring their product is safe for consumers’ use. Unfortunately, many industries decline proper testing, which results in some people getting harmed and even killed.
People who work in manual labor and construction jobs have a higher risk of wrongful death. In some circumstances, when the employer does not provide safety precautions, a safe place free of hazards that can lead to the death of an employee, the employer can be held responsible for the lack of safety.
The following are included in all wrongful death cases:
1. The death of the victim
Need to note that a wrongful death suit can only be opened following the death of a loved one.
2. Negligence from the at-fault party that caused the death
This is the “wrongful” in a wrongful death case. To win your case, you need to show that the death was preventable and that the person who was careless has responsibility for the death. The responsible parties vary from case to case. It could be a drunk driver or an airbag manufacturer.
3. Surviving family members who suffered financially due to the accident
You must identify the at-fault party before pursuing a wrongful death suit. You also need to show that you were related to the deceased and that you suffered financial hardship because of your loved one’s death.
4. A personal representative for the deceased’s estate
After the deceased death, their will should name a personal representative to handle their estate. Suppose they don’t have a will. In that case, the state will name a representative to handle the estate. This can have personal and financial ramifications, and a wrongful death lawyer in Salt Lake City, UT can explain why a personal representative is necessary for a wrongful death lawsuit.
In Salt Lake City, UT, a successful wrongful death claim can compensate you for any economic or non-economic losses you sustained from your loved one’s death. The compensatory damages you may recover in a wrongful death claim are:
Compensatory damages may include:
• Lost wages
• Funeral and burial expenses
• Premortem medical bills
• Any potential benefits or inheritance of the deceased person
• Lost care, guidance, and companionship
• Future wages
• Pain and suffering
If the at-fault party was particularly negligent, reckless, or egregious, you might be able to request punitive damages. In contrast to a criminal fine, punitive damages go directly to the victim to provide them with a personal sense of justice, peace of mind, and financial comfort.
In Salt Lake City, Utah, only legal heirs can file a wrongful death claim on behalf of the deceased. They either have to be the deceased’s beneficiary or the personal representative of the deceased’s estate. They may include the following:
• Surviving spouse
• Surviving adult children
• Legal guardian
• Surviving stepchildren of the deceased (if they were financially supported and under 18 years old)
• Parents, grandparents, and other blood relatives
If the deceased did not name one in their will, one of the heirs would become the estate’s representative. They may be able to file a wrongful death claim.
When family members bring a wrongful death claim, one of the most important things you need to prove to the court is that someone died due to someone’s negligence. It could be the essential aspect of your wrongful death lawsuit, but it is usually not the most difficult to prove. A Salt Lake City wrongful death lawyer can assess the situation surrounding the death of your loved one and guide you on how to move forward with a potential wrongful death claim.
1. Prove that the defendant owed the deceased a duty of care
The plaintiff needs to prove that defendant owed the victim a duty of care for them to be liable for the negligence. A duty of care is the idea that the at-fault party has to do something to keep the other person from being harmed or injured or avoid doing something that harms the other person.
Here are some things that factor into the duty of care:
2. The defendant breached that duty
Suppose it is determined that a duty of care exists between the victim and defendant. In that case, the victim’s family and their legal team will present evidence to show that the defendant breached their duty. Since this is a civil case, the victim’s family must persuade the jury that their version of the facts is at least 50% accurate. There is no such thing as “beyond a reasonable doubt” in civil cases. A wrongful death attorney at Parker and McConkie can help you gather the evidence to prove that the at-fault party breached that duty.
3. Prove causation between the victim’s death and the breach of duty
The victim’s family must prove that the defendant breached the duty that caused the victim harm and eventually death. Causation can be challenging to prove depending on the facts of the case. Retaining the service of a wrongful death attorney can help you get a high chance of proving causation.
4. Prove that damages resulted from the victim’s death
Lastly, the victim’s family member must prove that the deceased has suffered damages. These wrongful death damages may include:
If your loved one died due to another’s negligence, you might have a valid wrongful death case. The wrongful death lawyers at Parker & McConkie are always ready to help you with your case. A wrongful death claim may be a complicated matter. Going into this alone may lose your opportunity to recover your losses. But with an experienced wrongful death attorney on your side, you can be confident that everything will come out all good in your favor.
There is a statute of limitations on wrongful death claims in Salt Lake City, Utah. For most wrongful death cases, you must file the claim within two years from the date of death. If the claim is against a government entity, you need to file the claim within a year from the date of death.
You need to file the claim within the time limit in any wrongful death case. The court will likely trash your case if you fail to do so. Contact a Salt Lake City wrongful death attorney ASAP to start the process and seek a fair and reasonable settlement.
A survival action is often filed in conjunction with a wrongful death claim, but it is a separate legal action. Suppose the deceased did not immediately die after the accident. In that case, the deceased’s losses can be recovered through survival action. Any compensatory damages obtained through survival action will be given directly to the deceased estate. You may recover compensation for the following damages:
The victim’s family will need to show third-party responsibility to win in a survival action. But, any evidence showing responsibility will apply to both types of claims.
Taking legal action in a wrongful death lawsuit is a long and complicated process requiring various regulations and processes. Here are several things Our Salt Lake City wrongful death attorneys will do throughout your lawsuit:
1. Collect pieces of evidence
We can collect proof segments under your favor using investigations, deposition, document requests, and other methods.
2. File a lawsuit
A wrongful death case should be compelling enough to argue and withstand opposition from the other side.
3. Negotiate reasonable and fair wrongful death settlement
The majority of wrongful death claims are being resolved out of court. Our dedicated wrongful death lawyer will use evidence and new arguments to negotiate the finest compensation offer until you receive it. But, this doesn’t state that you will accept anything less than your full potential settlement to avoid trial.
4. Challenge the at-fault party’s defenses
Your opposition will use their legal arguments to avoid liability. But, our wrongful death attorney will respond to the at-fault party’s defenses to protect your rights to financial compensation.
5. Represent you in a jury trial
Suppose the at-fault party refuses to pay what you are owed. Our wrongful death lawyer will represent you with strict evidentiary and procedural standards in a jury trial.
Our Salt Lake City wrongful death lawyers are here to assist you in the most trying time. Our Salt Lake City personal injury lawyers have assisted various clients just like you to fight for the compensation they deserve.
For more information about how we can assist you after a loved one’s death, contact our Salt Lake City wrongful death law firm today at (385) 220-0383. If you prefer, we will meet with you at the most convenient location for you.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!