What is a wrongful death lawsuit? A wrongful death lawsuit is a type of legal case that can be filed when an individual has been killed because of negligent actions. Surviving family members bring this case forward to help recover the financial and emotional damages related to their loss.
A Salt Lake City wrongful death lawyer from Siegfried & Jensen can provide compassionate guidance on your options and the legal process.
Understanding the Purpose of a Wrongful Death Lawsuit
Losing a loved one is difficult, but needlessly and tragically losing a loved one is excruciating. The injustice of the situation cuts deeply and can also create substantial instability for those who are left behind. Wrongful death lawsuits provide a means to hold the at-fault party responsible for their actions and to recover compensation to cover unexpected expenses and ease other losses.
There is no time limit on grief, and it can be unpredictable. However, there are time limits on taking legal action, so you should not file a wrongful death lawsuit alone. By hiring a lawyer, you can have an experienced legal representative handle case logistics, communications, and negotiations for you. When you entrust your case to a lawyer, you can focus on your family.
Siegfried & Jensen protects your family and your rights throughout your case. We ensure your vulnerabilities aren’t exploited by parties who want to avoid responsibility or insurance companies that want to pay you less. We are committed to simplifying the process and gently guiding you through each step so you know what to prepare for at different stages of your case.
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Select Surviving Family Members are Eligible to Pursue a Wrongful Death Lawsuit in Utah
While losing someone you care about is very difficult, only certain individuals have the right to file a wrongful death lawsuit. This generally includes the decedent’s spouse, biological and adopted children, parents, or heirs.
Lawyers can provide key insights into Utah wrongful death claims and clarify your rights and how to proceed. As a surviving family member, you also have the right to hire a lawyer to bring the case on behalf of your family instead. Regardless of who files the claim, a wrongful death settlement is designed to provide for the decedent’s eligible family members.
Siegfried & Jensen can sit down with you during a free consultation to discuss your eligibility to file, or options if you wish our team to file on your behalf. We provide you with all the information you need to know to make a decision or take the next step toward recovering your family’s losses.
Understanding the Differences and Scope Between a Wrongful Death Lawsuit and a Survival Action in Utah
Wrongful death claims exist for the purpose of surviving family members to recover compensation for the losses they suffered after their loved one died. However, Utah also allows a survival action to be filed (Utah Code § 78B-3-107). This type of claim is filed on behalf of the decedent’s estate to pursue compensation to offset what the decedent suffered before they died.
Unlike wrongful death claims, survival actions are generally filed by the decedent’s personal representative, which is generally the person named as the executor of the estate. Losses recovered in a survival action claim are different from those recovered in wrongful death claims. Since the scope of these two claims is different and they recover different losses, they can be filed simultaneously.
Recoverable damages in a wrongful death lawsuit are different from those recovered in a survival action. Losses that Siegfried & Jensen can recover for you, as a surviving family member, include funeral, burial, and other expenses, lost income, pain and suffering, and more. Damages in a survival action can include expenses, lost wages, and the suffering the decedent experienced before death.
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Steps Involved in Filing a Utah Wrongful Death Lawsuit
Siegfried & Jensen is here to walk you through what a wrongful death lawsuit is, help you file your wrongful death claim, and negotiate on your behalf. To initiate your case, you will need to complete paperwork and submit it to the applicable court system. You will also be expected to provide evidence during your case showing how your loved one died and how it was caused by another party.
Part of the legal process also involves demonstrating that the other party breached the duty of care that they were expected to provide to your loved one. Your case must show that the other party’s actions were the direct cause of an accident and the immediate or delayed death of your loved one. Successfully demonstrating this connection allows you to hold the at-fault party liable for the damages you sustained.
Navigating this process can be complex and take time. Legal representation helps ensure that your case is as strong as possible and has a favorable outcome. From investigations and evidence gathering to negotiating the terms of a settlement, attorneys are committed to you and fiercely fight for justice.
Utah’s Statute of Limitations for Wrongful Death Lawsuits is Shorter
Wrongful death lawsuits against negligent parties must generally be filed within two years of the decedent’s death (Utah Code § 78B-2-304(3)). This deadline is shorter than the limitations for most personal injury cases, so it’s even more important to act early and hire a lawyer. Don’t delay action and risk losing the right to your claim.
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Siegfried & Jensen Eases Your Legal Burden After the Death of Your Loved One
Siegfried & Jensen handles wrongful death cases with compassion and dignity. Our team lends the support you need during a difficult time and communicates on your behalf.
We know how difficult these cases can be, and we fiercely fight for the justice you and your loved one deserve. Take the first step today by scheduling a free consultation, and let us help take the legal burden off you.
Call or text (801) 266-0999 or complete a Free Case Evaluation form