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 track 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!
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 attorneys know what it takes to get a favorable outcome for your case. We’re here to discuss your legal alternatives, propose a course of action, and guide you through the procedure of obtaining compensation for your damages and losses.
There is no up-front fee or legal cost to avail of our service unless we have successfully negotiated a settlement with the insurance company or won your case at trial. In other words, we only collect fees once we successfully obtain compensation for you. 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 attorney-client relationship. Call us now and seek legal advice!
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:
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, the employer can also be held liable for the wrongful death.
Our team of legal professionals will fight for the financial compensation you deserve. Here are some of the wrongful death cases our Utah personal injury 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 look for and how we can create a solid case based on the available shreds of evidence.
• Car Accidents. When a negligent or careless motorist strikes another vehicle, 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 a high chance 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. In 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 with 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. Our wrongful death attorney is experienced in handling wrongful deaths involving trucks.
• 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 occur. 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 that caused 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 accidents resulting in injuries and fatalities. It’s self-evident that someone who drives under the influence of alcohol or drugs causing the accident is solely to blame for any injuries or harm done. If you are hurt in an accident caused by a drunk driver, 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 intoxicated drivers.
If any of these cases 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.
Death may occur unexpectedly in a variety of fatal accidents. If you have a family member who died from injuries in an accident, here is a list of wrongful death damages you may receive through a wrongful death claim:
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 are considered heirs in Utah:
1. Biological or adoptive parents
2. Biological or adopted children
4. 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:
A valid wrongful death claim contains the following:
Here’s the process of how you should prove liability for a wrongful death case:
• Proving the defendant owed the decedent 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 breached the duty of care. 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 the victim’s death resulted in damages. 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.
Here are some of the reasons why you should choose Parker & McConkie to handle your Utah wrongful death case:
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 handling wrongful death cases. 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.
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.
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 of 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.
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.
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. We will work tirelessly to obtain justice for your loved one’s death and compensation for your damages and losses.
Contact our office today at (801) 845-0440 for a free consultation. If you prefer, we will meet with you personally at the most convenient location for you. Alternatively, you can also submit your case details through our online contact form!
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!