When a victim dies because of someone else’s intentional act, recklessness, or negligence, the surviving family may be entitled to collect wrongful death damages.
However, losing a loved one to an untimely death brings unexpected grief and overwhelming anger at the terrible injustice, and family members likely do not have the mental or emotional capacity to work through the wrongful death legal process.
By partnering with a St. George personal injury lawyer from Siegfried & Jensen, they do not have to shoulder that burden.
A St. George wrongful death lawyer will handle the paperwork, legalities, evidence gathering, negotiations, and all other elements of your wrongful death claim.
And we will manage your case at no cost. You only pay us if we secure damages–a percentage of your award pays our fees. We are here to help you get justice for your loved one’s death and compensation for your family’s losses.
Utah’s Wrongful Death Laws
Surviving families are not without legal recourse after losing a loved one to a preventable death. Utah Code 78B-3-106 states, “When the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death…” According to Code 78B-3-105, “heirs” include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s natural parents or, if applicable, adoptive parents
- Stepchildren of the deceased who are less than 18 years old at the time of the victim’s death and received financial support from the victim or lived with the deceased on “at least a part-time basis” at the time of death
- A blood relative, as allowed under the law of intestacy if the deceased had no spouse, children, or parents
An experienced wrongful death lawyer in St. George can review your case to determine your filing eligibility. Your attorney will then work to collect evidence to build your case against the negligent party and file a wrongful death claim with the courts as per Utah’s two-year wrongful death statute of limitations.
Prompt connection with an attorney gives our team time to investigate thoroughly while still filing before the deadline, so it is best to secure representation as soon as possible.
Claims Against the Government
If the at-fault party in your loved one’s wrongful death claim is a government entity, the legal process is more complicated. Government entities enjoy certain legal protections, or “immunity,” from liability in some circumstances, and government immunity in wrongful death claims shortens the statute of limitations, potentially caps damages, and makes it more difficult for victims to get justice.
That said, Siegfried & Jensen is up to whatever challenges your case presents, and you can count on a wrongful death attorney in St. George to manage even complicated government cases with skill and confidence.
For a free legal consultation with a wrongful death lawyer serving St. George, call (801) 266-0999
What You Must Prove in a Wrongful Death Case
To prove a wrongful death claim, you must prove the at-fault party owed your loved one a degree of care, failed to provide that care, and, as a result of that failure, your loved one died and left you with measurable losses. For example, drivers owe every other person on the roads an obligation of safety. Drivers must obey traffic laws and make every effort to operate their vehicles safely.
When drivers operate their vehicles while impaired or distracted or who speed or make reckless maneuvers, they fail to uphold their duty. If that failure is the cause of an accident leading to your loved one’s death, you may have grounds to hold the offending driver liable. Your attorney will seek evidence to make the connection between the failure and the death to prove your claim.
While negligent drivers are a common source of wrongful death claims, there are plenty of other potential negligent parties, including:
- Defective product manufacturers
- Medical professionals who commit malpractice
- Property owners who fail to keep their property reasonably safe for visitors, clients, or tenants
- Domestic abusers or other person who commits an act of violence
St. George Wrongful Death Lawyer Near Me (801) 266-0999
Damages Available to Heirs
Eligible surviving families may collect economic and non-economic damages under Utah’s wrongful death statute. Economic damages recover financial losses incurred by the loved one’s death. They can include related medical costs, end-of-life expenses, and lost income.
Non-economic damages acknowledge the emotional suffering of those left behind. They account for lost affection and relationships and other non-tangible losses. An experienced St. George wrongful death attorney will value these emotional costs with sensitivity and seek substantial financial justice.
Punitive damages for extreme cases of negligence in Utah are sometimes warranted. When an at-fault party’s behavior is particularly appalling, victims may have grounds to seek these additional damages designed to punish the offender and deter others from committing similar acts. If your case meets the standard for punitive damages, your attorney will fight hard to secure them.
How Comparative Negligence Laws Factor Affect Your Case Outcome
The compensation you collect can be affected by Utah’s comparative negligence law. Victims of injury or surviving family of a wrongful death victim can only file a lawsuit if they (or their loved one) were less than 50% to blame for the accident causing the injury or death. With evidence collected through the accident investigation, your attorney will fight accusations of blame put against your loved one to protect your opportunity to file.
If your loved one was less than 50% to blame but still had some role in the accident, the compensation you collect is reduced in proportion to their assigned percentage of fault.
For example, a speeding driver crashes into your loved one’s car, creating a deadly impact, but if your loved one was not wearing a seatbelt, and there is a chance the seatbelt would have provided some protection, your loved one could bear some blame.
Still, our team has won substantial settlements– even a $2.4 million award–for deserving clients, and we will fight to get you and your family the highest award possible.
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Compassionate, Exceptional Representation
Siegfried & Jensen is here to provide compassionate, exceptional representation as you pursue justice for your loved one’s death. Our team empathizes with your suffering and is here to offer the legal and personal support you need during one of the most difficult times of your life.
We look forward to working with you and helping you look toward a more hopeful, financially stable future.
Call or text (801) 266-0999 or complete a Free Case Evaluation form