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What You Need to Know About Wrongful Death Cases in Utah

The death of a loved one can be devastating. And the fact that your loved one didn’t have to die only compounds the grief. These kinds of claims are called “wrongful death” claims for a reason: the death of the loved one was wrong, it shouldn’t have happened. Whether it was someone driving negligently that caused a fatal car accident, neglect in a nursing home leading a loved one’s death, a fatal workplace injury caused by a co-worker or contractor, or a fall on someone’s property leading to fatal injuries, all of these claims share a common thread: what caused the death to happen could have been prevented if reasonable care was used. On the other hand, if the fatal injury was no one’s fault, it would be deemed an unavoidable accident; in these cases, the conduct that caused it wouldn’t be wrongful and there would be no negligence claim. Thus, wrongful death cases by their very nature are actionable because a person or company was not being reasonably careful. When this happens, a claim may be brought under Utah law.

Do I Need a Wrongful Death Attorney?

It’s true that you don’t always need an attorney following traumatic death in your family. It could be that the involved insurance companies are stepping up to immediately pay all policy limits that may be available. Or it could be that there just is no coverage because persons involved had no insurance and they are “judgment proof,” and you will be unable to collect any money from them. And maybe you just need some time to take a breather. After all, following a traumatic death, there will be a period where you’re just grieving and don’t want to worry about bringing a lawsuit. While we all need to grieve, you need to keep in mind that there is a two-year statute of limitations that might cut you off from making a claim if you wait too long. If the claim is against a government entity, then you only have one year.

And while it may seem counter-intuitive, hiring an attorney can actually bring peace of mind when your family has been broken up and will give you one less thing to worry about as your attorney pursues justice for what happened, allowing you to focus on picking up the pieces. While hiring an attorney will not replace the hole in your family unit, it can provide financial compensation that can help your family in the future and help hold accountable those persons or companies that made the wrong choices that lead to the death in the first place. Your case can also help make meaningful changes in the way the person or company that caused the death operates. Whether a claim is made against a company that manufactured a defective product such as Roundup that causes terminal cancer, or a person chose to drive DUI and a loved one is now dead, wrongful death actions can help change behavior and deter others from acting in a similar fashion.

Who Can Make a Wrongful Death Claim?

When someone’s life has been cut short, there isn’t always a financial remedy. The death must stem from someone’s negligence or intent to inflict harm. But even if there are criminal charges pending against the wrongdoer, you may still be able to file a civil claim to seek compensation. In Utah, people who make these claims are called “wrongful death heirs.” This means, they have legal standing under the law to make a claim against the wrongdoer for compensation. Under Utah law, these people include: (1) the parents of the deceased, (2) the spouse or “common law” partner of the deceased (an ex spouse doesn’t qualify) and (3) the children of the deceased.

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Damages Available in Wrongful Death Actions

Damages available in wrongful death cases can vary depending on the facts of your case. Common claims in these kinds of cases include funeral and burial costs, loss of benefits, including insurance and income to wrongful death heirs, loss of companionship and consortium and mental anguish damages or “pain and suffering.” Additional damages in cases where the conduct was intentional and/or reckless include punitive damages, designed to punish the wrongdoer and make an example of them so others will be deterred from similar conduct. In Utah, there is no cap on damages in a wrongful death action. The most common restriction is the amount of insurance or assets the wrongdoer has. Even in medical malpractice actions, there are no caps on wrongful death damages you may seek.

Who Should I Hire to Help?

The attorney you hire to seek justice following a wrongful death may be one of the most important choices you make. Make sure you choose one that has experience to go the distance, if the case calls for it. While rookie attorneys may be able to open a claim and engage in settlement negotiations, the best results happen when an experienced attorney prepares the cases as if it’s going to trial. This way, the attorney can leverage the best outcome as the insurance company on the other end knows they’ll need to pay significant money to close out the case or risk losing more if the case goes to trial.

At the Kramer Law Group, we have decades of combined experience dealing with personal injury matters, including wrongful death cases. Our skilled and capable attorneys are responsible for obtaining millions of dollars for our clients in these kinds of cases and will ensure your case is best presented in trial or during a settlement conference.

Take Advantage of the Free Consultation

Generally speaking, attorneys, including those at the Kramer Law Group, will not charge for an initial consultation. Thus, there is no downside to meeting with an attorney and finding out if you have a case and discuss what damages might be available in your circumstances. It might be that the action would be very difficult and fraught with uncertainty, based on the case’s unique facts. It could be that there may be no money available in which to tap from. It could be that maybe you are not legally entitled to bring a claim. All of these issues can be evaluated during a free consultation, as well as any other questions you may have.

If you feel you have a wrongful death claim, you owe it to yourself to sit down with an experienced attorney here at the Kramer Law Group for a free consultation to find out what your rights may be. Give us a call at (801) 601-1229. We’re available around the clock, 24/7 to take your call and we won’t charge a fee unless we win your case. During our visit, we’ll recommend a plan of action to get the justice your loved one and your family deserve. Whether you hire us or not, you’ll have this information to use in moving forward and healing wounds. We look forward to speaking with you.

Ron Kramer is a personal injury and wrongful death lawyer practicing in West Jordan and throughout Utah. He will fight to get you fair compensation and bring justice to your situation. Call the Kramer Law Group today to set up a FREE consultation at (801) 601-1229.