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.
Why You Cannot Trust Insurance Companies in Your Personal Injury Claim
In a personal injury claim, insurance companies must provide you with fair and just support. They are bound to act in a timely manner and provide fair compensation as outlined in the applicable policies. When they fail to do this, victims suffer substantial losses. There are several reasons why we encourage you to speak to our personal injury team before you settle your case:
- They want you to settle fast and for less. They often approach victim families right after an accident to try to settle quickly, often promising fair compensation. If they want you to settle fast, they are not providing fair compensation.
- They limit your compensation recovery unfairly. In some cases, the agency may simply offer a very low amount of compensation, well below what they actually owe you. You may have no idea what the claim is really worth.
- Some insurance agencies will outright deny claims, seeking ways to prove they should not be held accountable.
When you hire our personal injury law firm, we provide you with comprehensive legal support and guidance. We do not let them take advantage of you, but fight for your full and fair compensation. Set up a free consultation to discuss your case with us before you agree to anything.
For a free legal consultation with a wrongful death lawyer serving Salt Lake City, call (801) 266-0999
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 Section 78B-3-106, wrongful death can be caused by the intentional or negligent 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 in pursuing a wrongful death lawsuit in Utah.
Salt Lake City Wrongful Death Lawyer Near Me (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 the deceased’s behalf.
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.
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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 illnesses 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, are intended to compensate for the actual losses sustained by the surviving family members and the estate. A wrongful death attorney in Salt Lake City 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.
Additional 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 whether to award these damages based on various factors.
This amount should not be calculated into the amount you expect to receive. Your lawyer may be able to help you determine whether or not your case could be eligible for these damages, however.
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Types of Accidental Death Cases We Handle
Our personal injury firm can help you with most situations in which your loved one lost their life due to someone else’s actions or inactions. There are many ways this can happen, and in our experience, it is best to ask us about your case rather than look away. Some of the types of cases we handle include:
- Nursing home negligence and abuse
- Fatal car accidents
- Fatal motorcycle crashes
- Product liability claims
- Medical malpractice cases
- Product liability claims
- Truck accidents
In each one of these cases, our personal injury attorney gathers evidence of what took place and then determines who is at fault. We build your case with confidence only after recovering all evidence available to justify your outcome. Set up a free consultation with us now to learn how we can help you.
Take Action Within the Statute of Limitations
In most situations, a family has two years from the date of their loved one’s death to take action, or they lose their right to do so. That is not a lot of time when you need to determine your loved one’s reason for loss of life and then prove who is at fault. If you fail to act within this timeframe, you will miss the opportunity.
If you fail to act within this timeframe, you will miss the opportunity. Keep in mind that the statute of limitations begins on the date of death, not the date the injury occurred. There are some exceptions to this rule, such as when you do not discover the negligence involved in the death right away.
In cases involving the government, the timeframe drops to just one year to file a claim. Because of the losses you face in these types of cases, it becomes imperative that you hire a trusted and experienced attorney to help you. The legal process can move quickly, but our team is ready to help you.
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 wrongful death attorney in Salt Lake City 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
