If you lost a loved one due to another’s negligence, you might be entitled to compensation.
We understand that the last thing you want to do after losing a loved one is to spend your time and energy dealing with insurance companies, medical bills, and other legal matters. But if you want to hold the negligent party accountable for their actions, you need an experienced Utah wrongful death lawyer by your side.
Our Utah wrongful death law firm has been representing clients in the field of personal injury cases for 40 years. We have a long record of success and awards. Therefore we know what it takes to win! If we take on your case, we will fight until justice is served! So call us now and get a free consultation!
Contact an Experienced Team of Utah Wrongful Death Lawyers Today
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You can count on an experienced Utah wrongful death attorney at Parker & McConkie to assist you to recover damages and seek justice from the at-fault party who caused your loved one’s death.
Our Utah wrongful death law firm has the answers you seek for a free consultation if you have questions. Our attorneys know what it takes to get a favorable outcome. We’re here to discuss your legal alternatives, propose a course of action, and guide you through the procedure of obtaining compensation for your losses.
There is no up-front fee or legal cost for you until we have negotiated a settlement with the insurance company or won your case at trial. We’ll provide you with a thorough picture of your case strategy and plan when you meet with us. Each case is given the attention it deserves, and we value the lawyer-client relationship. Call us now and seek legal advice!
We Help Families Through Complicated Wrongful Death Litigation in Utah
Litigation is a long and complicated process that involves numerous regulations and processes. The following are just a few of the things our Utah wrongful death attorney will do throughout the litigation process:
We will collect pieces of evidence. Pieces of evidence under your favor can be collected in various ways, including through depositions, investigators, document requests, and so forth.
We will file the lawsuit. A wrongful death case must be compelling enough to argue and withstand opposition from the other side.
We will negotiate a fair settlement/compensation. Most wrongful death claims are resolved out of court. Your wrongful death lawyer will make use of evidence and new arguments to negotiate for the best settlement offer until you receive it. But this does not imply that you should accept anything less than your full potential to avoid going to trial.
We will challenge the liable party’s defenses. The other liable party will use their legal arguments to avoid responsibility. Your wrongful death lawyer will then respond to the other party’s defenses to safeguard your rights to compensation.
We will represent you in a jury trial. Suppose the at-fault party refuses to pay you what you are owed. In that case, your wrongful death attorney will represent you in a jury trial, which has strict evidentiary and procedural standards.
What Is a Wrongful Death Claim?
Under Utah Code section 78B-3-106, the legal definition of wrongful death is the death of a person caused by another’s negligence or unlawful conduct.
The victim’s blood relatives or personal representatives may take legal action against the responsible party or parties for compensation. If the negligent party is employed by someone else who was responsible for their actions, they can also be held liable for the wrongful death.
Wrongful Death Cases Our Utah Wrongful Death Law Firm Handles
Our team of legal professionals will fight for the financial compensation you deserve. Here are some of the wrongful death cases our law firm handles:
Bicycle Accidents. If your loved one was struck by a car while riding a bike and died, you may file a wrongful death suit. Vehicles failing to give way to bicyclists are the most prevalent reason for bicycle accidents. Our bicycle accident lawyers understand what insurance companies to look for and how we can create a solid case based on the shreds of evidence gathered.
Car Accidents. When a negligent or careless motorist strikes an automobile, the consequences of a leisurely weekend trip or pleasant daily commute may rapidly go from bad to catastrophic. If your loved one died in a car accident due to another’s negligence, you have the right to file a wrongful death claim.
Motorcycle Accidents. Motorcyclists involved in an accident have high chances of facing injuries or death. The failure of another motorist to yield the right-of-way to other motorcyclists is by far the most prevalent reason for motorcycle accidents. Other reasons are vision obstruction, following too closely, improper turning, and poor driver attention. But sometimes, motorcycle accidents are not caused by motorcyclists—instead, the driver negligence of the other motor driver. If your loved one died in a motorbike accident caused by someone else’s negligence, you are entitled to fair compensation for your losses.
Pedestrian Accidents. In most situations, pedestrian accidents are caused by a motorist who is distracted, then crashes into someone walking in the crosswalk or somewhere else on the road. For some instances, the pedestrian hurriedly ran into the road and bore the fault of the accident to someone else. The driver and pedestrian cannot conclude who is really to be blamed. In those situations, Utah’s wrongful death laws may assist you in determining who bears most of the fault.
Truck Accidents. If someone is involved in a trucking accident, the incident might leave them minor to severe injuries, but the worst case is death. When your loved one died due to a Utah truck accident, most particularly if it is a commercial truck (especially a semi or big rig), you need an attorney with experience in handling these types of cases. Letting the wrong attorney handle your case can result in thousands of dollars in fees or even millions.
Workplace Accidents. Construction zones and workplaces are similar to fast-moving vehicles on the road, with many dangers. When someone did reckless driving in the construction zone, there’s a high possibility that severe injuries or death will result. At the same time, you have no control over what other people or workers are doing on the job site. Others’ poor, hazardous decisions may get you severely wounded, and you’ll need legal counsel to help you.
Medical Malpractice. You could be eligible to seek compensation if a medical practitioner or another medical treatment caused you harm or injuries, as well as if your existing medical problem worsened due to their fault. When you visit the doctor, you entrust your health and well-being to their care. When they fail to carry out their obligations, which in result cause you harm, you are entitled to compensation. When medical malpractice caused your loved one’s death, you may be able to file a wrongful death lawsuit against the medical practitioner.
Drunk Driving Accidents. Alcohol is a significant cause of many injuries and fatalities. It’s self-evident that someone who drives under the influence causing the accident is solely to blame for any injuries or harm done. If you are hurt in an accident, and one of the parties involved was drinking or using drugs, you may be able to make a claim against the person or business who provided the beverages. Moreover, you can also pursue a wrongful death claim if your loved one died due to an accident caused by drunk drivers.
If any of these claims happened to you, give us a call so you can talk to one of our Utah wrongful death lawyers. We will give you a free consultation and help you get the compensation you deserve.
Damages You May Receive Under a Wrongful Death Claim
Death may occur unexpectedly in a variety of fatal accidents. If you have a family member that died from injuries in an accident, here is the list of the wrongful death damages you may receive from a wrongful death claim:
Cost of medical treatment that was administered before the family member’s death. The treatment may be minimal, such as the cost of an ambulance, or the costs may be substantial, such as the costs of life support for 6 months. These losses are supported by medical bills and invoices.
Loss of financial support. If the decedent supported you financially, and now you’ve lost that financial support because of his or her death, you are entitled to be reimbursed for that loss. These losses are primarily supported by tax returns, pay stubs, and statements from co-workers and supervisors.
Loss of companionship. It is difficult to lose someone you love and enjoyed spending time with. Family relationships tend to be cherished above all other relationships. When a loved one dies, there’s mental anguish, anger, fear, depression, and sadness. We also lose the ability to spend time with and confide in that person. The loss of companionship and enjoyment associated with our deceased family member is supported by statements from the family, pictures, journals, and anything else that shows the closeness of the relationship.
Who Can File a Utah Wrongful Death Lawsuit?
Only legal heirs can pursue a wrongful death claim in Utah. And only one claim may be filed on behalf of all heirs, as specified by Utah Code 78B-3-106.5. All these immediate, surviving family members loss is considered heirs in Utah:
Biological or adoptive parents
Biological or adopted children
Stepchildren of legal age, 18 years old, who are also financially dependent on their deceased parents
If no surviving relatives, then heirs can also be any blood relatives. The “presumptive personal representative” in such a scenario is the individual who files the suit, such as the:
How Do You Know if You Have a Valid Wrongful Death Claim?
A valid wrongful death claim contains the following:
The Death of a Human Being. It’s critical to remember that a wrongful death lawsuit can only be filed following a loved one’s death. So in other words, one cannot open a wrongful death suit if their loved one is still alive while suffering from serious injuries that the at-fault has caused. You should also be ready to show documentation of your connection with the deceased.
Your Loved One Was Killed Intentionally or Died Due to Another’s Negligence. You must establish that your loved one’s death was preventable and that a negligent party is to blame for it.
The Surviving Family Members Are Suffering Financially. There must be an established party who has been harmed to pursue a wrongful death claim. You’ll have to show that the deceased person was connected to you, and you’ll need to show that you’re struggling financially.
Another Person or Entity Is at Fault. The difficulty to claim wrongful death arises when fault cannot be determined. Cases like acts of God, unusual circumstances, and other faultless incidents often make no one to blame. If there is no one to put blame on, it is challenging to seek compensation. Therefore, wrongful death claims should have an entity or person to seek compensation from.
Proving Liability in a Wrongful Death Case
Here’s the process of how you should prove liability for a wrongful death case:
Proving the defendant owed the descendant a duty of due care.For a defendant to be held responsible for negligence, it must first be shown that they owed the victim a duty of care. The duty of due care varies depending on the circumstances. Still, it generally entails a responsibility to take action to prevent someone else from being harmed or to refrain from doing something that would harm another individual.
Proving the defendant has breached the duty. If it’s shown that a duty of due care exists between the plaintiff and defendant, the plaintiff and their legal team will provide evidence that this duty was violated. Because it’s a civil case, the plaintiff must persuade the jury that their version of the events surrounding the care is at least 50% accurate. There is no “beyond a reasonable doubt” requirement in civil cases, as there is in criminal trials.
Proving that damages resulted from the victim’s death. The plaintiff, to establish liability, must show that the decedent and those who survive have been harmed. Medical expenses incurred due to the victim’s injuries before death, pain and suffering endured, loss of consortium, lost wages and future wages, funeral expenses, and other punitive damages are among these possible losses.
Proving causation between the victim’s death and the breach of duty. The plaintiff must show that the breach of duty was directly responsible for the victim’s injury and death. Causation is often challenging to establish in cases of wrongful death.
If your loved one died due to another person’s or entity’s carelessness or misconduct, you might have a wrongful death claim. Parker & McConkie lawyers are here to help you with your wrongful death claim. Call Parker & McConkie today to speak with one of our Utah wrongful death attorneys for a free case consultation.
Why Choose Parker & McConkie for Your Utah Wrongful Death Case
Here are some of the reasons why you should choose Parker & McConkie to handle your Utah wrongful death case:
Our Utah wrongful death attorneys have over 40 years of combined experience successfully handling cases at all stages of litigation, including complicated, high-profile wrongful death lawsuits.
We provide superior service to our clients, which is why we are consistently successful at what we do. We are focused on obtaining the greatest outcomes and have won thousands of customer cases (see our testimonials for details).
We also deal with the insurance company since we understand how aggravating it is to deal with them. Let us handle this for you.
Our attorneys specialize in personal injury claims. We are committed to seeking justice for the accident victims and their families.
Schedule a free, no-pressure meeting with one of our personal injury attorneys to devise an approach that will result in your case being successfully handled. Our attorneys specialize in personal injury claims. They are dedicated to obtaining compensation for the victim and their family. There are no fees unless we win!
You can always expect us to be there when you need us the most. We are accessible in person as well as over the phone. If our clients cannot come to our location, we will gladly come to you at your home or place of business.
Utah Wrongful Death FAQs
How long do I have to file a wrongful death claim in Utah?
You must wait 45 days to collect relief for wrongful deaths, except for Personal Injury Protection benefits, which can be requested at any time. The wrongful death statute of limitations in Utah is two years. But, there are times when extensions may be granted. An example is when the claimant is not of legal age when the death occurs or when it could not reasonably have been discovered that the wrongful act was caused by negligence until after the fact.
If you’re unsure if your wrongful death case warrants an extension, you need to consult with a Utah personal injury attorney for wrongful death. It is also crucial to remember that in some cases, such as involving government agencies or medical malpractice, one must file a formal notice of claim with the proper agency within one year.
How do I start a wrongful death claim in Utah?
You must notify your insurer to begin your wrongful death claim. Then gather all the necessary documents like a death certificate, evidence of negligence, and so on. There may be a personal injury claim already in progress that you will be able to join in some situations.
In the latter case, you and any other heirs can file a claim. The compensation payment will be divided amongst the heirs, so filing a wrongful death case together may benefit you.
Can heirs separately file their wrongful death claims?
Yes, heirs can file wrongful death claims separately. However, there is little need for them to do so. The presumptive personal representative acts on behalf of the decedent’s relatives as a whole. The allotment of damages is unlikely to benefit the individual who files a claim separately. Even minor heirs who cannot file a wrongful death claim may be included in joint claims.
The civil court, however, allows for the distribution of funds and the appointment of a conservator for minor heirs. No more than 50% of the compensation may be disseminated.
How much compensation can I receive in a wrongful death claim?
The compensation paid in a wrongful death case is determined on a case-by-case basis. The family totals up all the eligibility conditions for losses, such as pain and suffering, lost earning capacity, and emotional contributions for the family members.
The amount of money paid out in a wrongful death settlement is influenced by various factors. This includes the legal case strengths and the unlawful conduct causing the accident.
Can I still make a wrongful death claim if the at-fault person dies?
A wrongful death claim may be continued if the wrongdoer dies during the course of the claim. The case may be continued by personal representatives of either the wrongdoer or the victims. The death of the at-fault party does not prevent victims of wrongful death from receiving compensation.
Finding a Wrongful Death Lawyer Near Me | Contact an Experienced Utah Wrongful Death Attorney Today for a Free Consultation
Our Utah wrongful death lawyers are here to help you in your time of need. The Parker & McConkie Utah personal injury attorneys have helped numerous clients just like you to fight for the compensation they deserve. You’ll get a free case evaluation!
Contact our office today at (801) 845-0440. You can reach our Utah offices by phone or email. If you prefer, we will meet with you personally at the most convenient location for you. For more information about how we can assist you after a loved one’s death, visit our website now!
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!