Losing a loved one is always difficult, but even more so when that death comes as a result of an unexpected tragedy due to another person’s negligence. We know that if you have lost a loved one because of the negligent behaviors of another person, nothing can make up for that loss. However, you deserve to pursue justice against the at-fault party.
At Siegfried & Jensen, our Salt Lake City personal injury lawyer fights to hold people accountable for their negligence. With a 97% success rate for clients and over 35,000 cases, we have the knowledge and experience necessary to do just that. To get started, set up a free, no-obligation case review with our Salt Lake City wrongful death lawyer.
Navigating a Tough Wrongful Death Claim in Salt Lake City, Utah
When a loved one is lost in a tragic accident, surviving family members may wonder if they have the right to pursue a wrongful death claim. Understanding the legal requirements is essential in determining if a claim is viable.
Critical requirements for a wrongful death claim include proof of a negligent or intentional act of wrongdoing and financial loss that surviving family members have suffered.
Under Utah Code, wrongful death can be caused by the intentional or neglectful actions or inactions of another person. A wrongful death claim is supposed to ensure the surviving family members receive their rightful compensation. This claim is filed much like a personal injury claim but with some differences.
By carefully documenting all losses sustained, you can strengthen the wrongful death claim and increase your chances of a successful outcome.
If you have lost a loved one due to negligence or intentional harm, consulting with a Salt Lake City wrongful death attorney can help you understand your options available in pursuing a wrongful death lawsuit in Utah.
For a free legal consultation with a wrongful death lawyer serving Salt Lake City, call (801) 266-0999
Determining Who Can File a Wrongful Death Case in Utah
In Utah, only specific individuals have the legal right to file a wrongful death claim. These individuals must be heirs of the deceased or designated personal representatives. According to Utah Code §78B-3-105, the following individuals may file a wrongful death claim:
- Surviving spouse
- Surviving adult children
- Surviving parents and adoptive parents
- Surviving stepchildren under certain conditions
- Other blood-related relatives (as discussed in Utah code)
In Utah, the surviving heir is typically presumed to be the personal representative. However, if the deceased had an estate plan, a different individual may be designated as the personal representative, who would then have the authority to file a wrongful death claim on behalf of the deceased. If you are considering filing a claim in Utah, it is crucial to consult with a wrongful death lawyer in Salt Lake City to understand your specific rights and options.
Salt Lake City Wrongful Death Lawyer Near Me (801) 266-0999
Time Limit to File a Wrongful Death Claim in Salt Lake City
To ensure your wrongful death claim is heard in court, you must file it within the time limits set by Utah state law. The general statute of limitations for wrongful death claims in Utah is two years after the deceased person’s death. If the claim is against a state or local government entity, however, you only have one year to file.
Consult with a wrongful death attorney in Salt Lake City from Siegfried & Jensen to navigate the complexities of wrongful death law in Utah. Our team has the experience and legal resources to pursue your claim and maximize your compensation. Some exceptions apply, so be sure to contact us to discuss your case, even if you believe it is too late.
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Understanding Monetary Damages in Utah Wrongful Death Claims
Wrongful death claims attempt to compensate surviving family members and the deceased’s estate for the losses resulting from the untimely death. These compensating damages include both economic and non-economic losses sustained by the surviving family. In Utah, recoverable damages include:
- Funeral and Burial Costs: Expenses associated with the deceased’s final arrangements.
- Medical Expenses: Costs related to the injuries or illness that led to the death.
- Lost Income: Compensation for the deceased’s potential future earnings and benefits.
- Pain and Suffering: Compensation for emotional distress and trauma experienced by surviving family members.
- Loss of Companionship: Damages for the loss of the deceased’s love, guidance, and support.
These damages and more attempt to compensate for the actual losses sustained by the surviving family members and the estate. A wrongful death lawyer in Salt Lake City, UT, can help you calculate present and future losses for a comprehensive case value. Every case is different, but we have recovered up to $2.4 million for a wrongful death case for our client’s family.
Punitive Damages Under Utah Laws
In certain cases, punitive damages for extreme cases of neglect may be awarded to punish the person found responsible for their egregious conduct and deter similar behavior. The court will determine if they wish to award punitive damages based on various factors, so this amount should not be calculated into the amount you expect to receive.
Your wrongful death attorney in Salt Lake City, UT, may be able to help you determine whether or not your case could be eligible for punitive damages, however.
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Contact Siegfried & Jensen for Compassionate Care And Aggressive Advocacy Today
If your family is suffering after the loss of someone due to a wrongful death, you need the compassionate care and aggressive advocacy provided by a Salt Lake City wrongful death attorney at Siegfried & Jensen.
Contact us today for a free consultation to discuss your case and answer any questions you may have. Do not delay in getting started.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
