Nothing can prepare you for the sudden loss of a loved one. Apart from dealing with your personal loss, you may also face financial challenges, leaving you uncertain about what to do next. If another person’s negligence caused the accident, our West Valley City personal injury lawyer may be able to lighten your load.
At Siegfried & Jensen, we have been active in the community for over 35 years, winning 97% of our cases and recovering over $1.5 billion on our clients’ behalf. Our experience, track record, and location, therefore, align with your needs. Allow us to serve as your wrongful death lawyer in West Valley City.
Circumstances That Allow for a Wrongful Death Claim or Lawsuit
All accidental deaths are tragedies, but not all of them will qualify for a wrongful death claim. When pursuing a wrongful death lawsuit, we must identify a party that is liable. Specifically, their actions or omissions directly led to the accident in which your family member lost their life.
It’s essential to note that these actions do not need to be intentional. For example, a distracted driver does not intend to cause an accident, but should have been paying attention to the road. They were negligent and did not exercise what is termed their “duty of care” to avoid a situation that could lead to an accident.
If this sounds like it applies to your case, your West Valley City wrongful death lawyer must provide clear evidence of a chain of events showing that a wrongful act caused an accident leading to a fatal injury. They must also gather and provide evidence showing the financial and personal losses suffered by the deceased person and their family.
For a free legal consultation with a wrongful death lawyer serving West Valley City, call (801) 266-0999
The Person Who Files a Wrongful Death Lawsuit
In line with Utah Code §78B-3-105, the deceased’s executor or guardian may file a wrongful death lawsuit. If the person had no will or guardian, the next of kin is identified in accordance with a strict order of precedence, and they may file on behalf of the family. This may be:
- A surviving spouse
- The children or step-children of the deceased
- The deceased’s natural or adoptive parents
- Any relative who would be appointed as an heir in the absence of a closer family member
A wrongful death lawsuit has two components. It will recover amounts that would otherwise have gone to the deceased, and it compensates surviving family members for the personal trauma and losses they experienced. Some amounts would therefore go to the estate, while others would go directly to family members.
West Valley City Wrongful Death Lawyer Near Me (801) 266-0999
Wrongful Death vs Homicide
Sometimes, the actions of a person who causes a fatality are criminal. If they are, a prosecutor will file a criminal case against them. However, the family will not get compensated for their loss through this type of lawsuit.
A wrongful death case is a civil lawsuit, typically filed by your wrongful death attorney in West Valley City. Its primary aims are to recover compensation that the deceased would otherwise have qualified for, as well as additional compensation for surviving family members.
If the person who was responsible for the incident in which your loved one lost their life faces criminal charges, you should still file a civil suit so that you can recover damages. The proof required in a wrongful death case is not as strong as that needed in a criminal case, so it is possible to win civil cases even when criminal cases fail.
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Compensation in Wrongful Death Lawsuits
While we understand that no amount of compensation can truly make up for your loss, you should not overlook the way compensation can help you. For many families, the loss of a person who contributed to their finances can be a crushing blow that further compounds the pain of grief and loss. Your wrongful death lawsuit can recover:
- Medical costs that would otherwise have been paid using the deceased’s assets
- Funeral and burial costs
- Lost income, including the loss of future wages and benefits
- Compensation for the pain, suffering, and trauma the deceased experienced after the accident and before their death
- The emotional pain and anguish you experienced owing to your loss
- The loss of an important relationship, including companionship and guidance
- In certain cases, punitive damages are awarded for egregious misconduct
While some types of damages are comparatively easy to prove and claim, experience as a West Valley City wrongful death attorney shows that even these may be disputed. Damages for personal forms of harm are particularly open to dispute, but are supported in case law.
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Why You Need Siegfried & Jensen When Seeking Damages After a Wrongful Death
A wrongful death lawsuit can yield much-needed financial compensation for bereaved families. Handling such a case successfully and achieving the maximum possible compensation requires an experienced lawyer. With us, you will:
- Have a compassionate lawyer who is willing to take time explaining your legal rights and options.
- Have a team with access to experts who will identify liable parties and provide supporting evidence.
- Benefit from our experience in handling complex cases in which liable parties will be eager to raise disputes as to liability.
- Be sure that damages are calculated correctly and that all forms of compensation for which you qualify are included.
- Know that all the necessary documentation is compiled and submitted correctly and on time.
- Work with professional negotiators who know how to handle insurance company queries and evaluate settlement offers.
- Have proven trial lawyers who will represent you in court if a fair settlement cannot be negotiated.
The average person simply does not have enough knowledge and experience needed to maximize their compensation. Sadly, some families settle for far less than they should because they feel unequal to handling conflict and wish to achieve closure. With us to act on your behalf, this will not occur.
Claim a Free Consultation to Learn More
Although we have covered the broader information you need to understand wrongful death cases, each tragedy is different and deeply personal. We invite you to discuss the matter with our wrongful death lawyer in West Valley City.
They will evaluate your case, helping you to understand your options, and there is no charge for this appointment. If we decide to work together, Siegfried & Jensen may offer you an agreement in which you will not pay us unless we win. This makes it possible for you to get strong representation without any out-of-pocket expense. Call us today.
Call or text (801) 266-0999 or complete a Free Case Evaluation form