The Legal Process for Wrongful Death Claims in Lehi

If you lost a loved one that you believe was due to someone else’s negligence, call us today for a free case review. Your family may be entitled to significant compensation.

Losing a loved one due to someone else’s negligence is a heartbreaking and life-altering experience. While no legal action can replace the loss, filing a wrongful death claim can provide financial relief and hold the responsible party accountable. 

At Flickinger Boulton Robson Weeks, we understand the emotional and legal challenges families face in these difficult times. Our experienced Lehi wrongful death lawyers are here to guide you through every step of the legal process, ensuring your rights are protected and your case is handled with the care it deserves. 

From filing the initial claim to negotiating settlements or pursuing litigation, we are committed to helping you seek justice and fair compensation.

Filing a wrongful death claim in Utah is a legal process that allows surviving family members to seek compensation when another party’s negligence or misconduct caused their loved one’s death. Understanding the steps involved and the legal requirements can help ensure that families receive the justice and financial support they deserve.

Who Can File a Wrongful Death Claim?

Under Utah law, a wrongful death claim may be filed by specific individuals related to the deceased. These include:

• The surviving spouse, children, or parents of the deceased
• The decedent’s stepchildren, if they were financially dependent on them
• The personal representative of the deceased’s estate

If the deceased did not have a spouse, children, or surviving parents, other heirs, such as siblings, may bring the claim. Consulting with an attorney can help determine who has the legal right to pursue the case.

Steps in Filing a Wrongful Death Claim

• Establishing Liability: The first step involves proving that another party’s negligence or wrongful act directly caused the death. This requires gathering evidence, such as accident reports, witness statements, and expert testimony.
• Calculating Damages: Families must determine the financial and non-economic losses they have suffered. This includes medical bills, funeral costs, lost income, and emotional suffering.
• Filing the Lawsuit: The wrongful death claim must be filed in a Utah court within the state’s statute of limitations, which is generally two years from the date of death (or one year if the claim is against a government entity).
• Negotiation and Settlement: Many wrongful death claims are resolved through negotiations with insurance companies. An experienced lawyer can advocate for fair compensation and ensure the settlement accounts for all damages.
• Going to Trial: If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and compensation.

Importance of Legal Representation

Wrongful death claims can be legally complex, requiring strong evidence and skilled negotiation. An attorney can handle all legal aspects, allowing grieving families to focus on healing. 

At Flickinger Boulton Robson Weeks, we are committed to providing compassionate and effective legal support to families in Lehi. If you need assistance filing a wrongful death claim, our legal team is ready to help you seek justice.

The Discovery Process and Gathering Evidence in a Wrongful Death Case

The discovery process is a crucial phase in a wrongful death claim, allowing both parties to collect and exchange evidence to build their cases. This legal procedure ensures that all relevant facts are presented before trial and can often lead to a fair settlement before a case reaches court. 

In wrongful death claims, strong evidence is key to proving liability and securing appropriate compensation for surviving family members.

Phases of the Discovery Process

• Interrogatories: These are written questions that each party must answer under oath. They often include details about the circumstances of the death, the defendant’s role, and the damages sought.
• Requests for Production: Attorneys may request documents, such as medical records, accident reports, financial statements, and any other relevant evidence.
• Depositions: Witnesses, including family members, expert witnesses, and the defendant, may be questioned under oath. Depositions help attorneys assess the credibility of testimonies and gather additional details.
• Requests for Admissions: One party may ask the other to admit or deny specific facts to narrow the issues in dispute and simplify trial proceedings.

Gathering Evidence in a Wrongful Death Case

Successful wrongful death claims rely on substantial evidence to establish liability and damages. Essential types of evidence include:

• Medical Records and Autopsy Reports: These documents help prove the cause of death and whether it was directly related to the defendant’s actions.
• Accident and Police Reports: Official reports provide crucial details about how the fatal incident occurred and may include findings from law enforcement investigations.
• Surveillance Footage and Photos: Visual evidence from security cameras, dash cams, or bystanders can be used to reconstruct the accident and demonstrate negligence.
• Expert Testimony: Specialists, such as accident reconstructionists, forensic experts, and medical professionals, can provide expert opinions on how the death occurred and its impact on the family.
• Financial Records: Evidence of lost wages, future earning potential, and other financial impacts can help determine economic damages.
• Eyewitness Statements: Firsthand accounts from witnesses can support negligence claims and provide additional context about the incident.

The Importance of Legal Representation

The discovery process can be complex, requiring extensive legal knowledge and experience. At Flickinger Boulton Robson Weeks, we meticulously gather and analyze evidence to build the strongest case possible for our clients. Our firm is dedicated to securing justice for families in Lehi, ensuring they receive the compensation and closure they deserve.

Negotiating Settlements vs. Going to Trial in Wrongful Death Cases

When pursuing a wrongful death claim, families must decide whether to settle or take the case to trial. Both options have advantages and drawbacks, and the right approach depends on factors such as the strength of the evidence, the willingness of the insurance company to negotiate, and the needs of the surviving family members. 

Understanding these differences can help families make informed decisions about seeking justice for their loved one’s death.

Negotiating a Settlement

A settlement occurs when both parties agree on a compensation amount without going to trial. In wrongful death cases, settlements are typical because they offer a faster resolution and provide financial relief to grieving families.

Pros of Settlements:

• Faster Resolution: Trials can take months or even years, while settlements can often be reached in a matter of months.
• Lower Legal Costs: While attorneys may still receive a percentage of the settlement, avoiding trial-related expenses reduces overall costs.
• Reduced Emotional Strain: Trials can be stressful, requiring families to relive painful details. Settlements provide closure without prolonged litigation.
• Guaranteed Compensation: Settling ensures that the family receives compensation, whereas trials carry the risk of an unfavorable verdict.

Cons of Settlements:

• Lower Compensation: Insurance companies often push for lower payouts in settlements, meaning families might not receive the full amount they could win at trial.
• Confidentiality Agreements: Some settlements include clauses preventing families from publicly discussing the case, and limiting awareness about safety concerns.

Going to Trial

If a fair settlement cannot be reached, taking the case to court may be necessary to secure full and fair compensation. Trials allow a jury to determine liability and damages based on the evidence presented.

Pros of Going to Trial:

• Potential for Higher Compensation: If the jury finds in favor of the plaintiff, the awarded damages may be significantly higher than the settlement offers.
• Accountability and Justice: A public trial holds the responsible party accountable, potentially preventing future negligence.
• Punitive Damages: In cases of gross negligence, the court may award punitive damages, which are not typically included in settlements.

Cons of Going to Trial:

• Longer Process: Trials can take years to conclude, delaying financial relief for the family.
• Uncertainty: There is no guarantee of winning, and if the jury sides with the defendant, the family could receive nothing.
• Emotional Toll: Courtroom proceedings can be emotionally taxing, requiring families to revisit the traumatic event repeatedly.

Making the Right Choice

At Flickinger Boulton Robson Weeks, we guide families through every step of their wrongful death claims. Whether negotiating a fair settlement or taking a case to trial, we prioritize the best interests of our clients, ensuring they receive the justice and compensation they deserve.

How Our Firm Guides Families Through the Legal Process in Lehi

At Flickinger Boulton Robson Weeks, we understand that losing a loved one due to negligence is a devastating experience, and navigating the legal process can feel overwhelming. Our firm is committed to guiding families in Lehi through every stage of a wrongful death claim with care, professionalism, and determination. 

From the initial consultation to case resolution, we provide clear communication and unwavering support to help families seek justice and fair compensation.

We begin by thoroughly evaluating the case, reviewing evidence, and explaining legal rights and options. Our attorneys take the time to answer questions, ensuring families fully understand the steps involved. Once a claim is initiated, we handle all communications with insurance companies and opposing parties, preventing families from facing pressure tactics or unfair settlement offers.

We work with investigators, medical experts, and financial analysts during the evidence-gathering phase to build a compelling case. If settlement negotiations are possible, we aggressively advocate for maximum compensation. 

If, however, a fair resolution cannot be reached, we are fully prepared to take the case to trial and present strong arguments before a judge and jury.

• Comprehensive Legal Support: We handle all paperwork, filings, and deadlines to keep cases moving forward.
• Compassionate Advocacy: We provide emotional support and guidance to ease the burden on grieving families.
• Skilled Negotiation and Litigation: Whether securing settlements or pursuing courtroom verdicts, we fight for the best possible outcome.

Families in Lehi facing the loss of a loved one deserve a law firm that treats them with respect and dedication. At Flickinger Boulton Robson Weeks, we stand by our clients, ensuring they receive justice while focusing on healing and rebuilding their lives.