Losing a loved one is never easy, and when their death is caused by someone else’s negligence or wrongdoing, the grief can be overwhelming. If you’ve lost a loved one due to an accident, you might be entitled to pursue a wrongful death claim to hold the responsible party accountable and receive compensation for your loss.
At Flickinger Boulton Robson Weeks, we understand how difficult this time can be for you and your family. Our Orem wrongful death lawyers are here to guide you through the legal process with compassion and expertise.
Whether the death occurred due to a car accident, medical malpractice, or another unfortunate situation, we’re committed to helping you seek justice and the financial relief you deserve.
We’ll work closely with you every step of the way, ensuring that your voice is heard and your rights are protected. If you’re in Orem or the surrounding areas, our dedicated team is ready to provide the legal support you need during this challenging time.
A wrongful death claim in Utah arises when a person’s life is taken due to another party’s negligence or misconduct. This could be an individual or an entity like a corporation.
For example, a driver ignoring traffic signals or a healthcare provider ignoring proper procedures could be the cause. The essence is that, had the negligent party followed their duty of care, the victim would still be alive.
These cases differ from standard personal injury lawsuits in that the injured individual is no longer present to file the claim. Instead, surviving relatives or specific representatives step in. The claim seeks financial restitution for the losses caused by the death.
Damages can address funeral costs, medical expenses before passing, lost wages that the deceased would have provided to the family, and the emotional suffering endured.
Utah law sets rules on who can file and how damages are calculated. Because the statute of limitations usually applies, delaying can jeopardize your chance to hold the responsible parties accountable. An experienced wrongful death lawyer can help you navigate these rules and gather evidence to show how someone else’s negligence caused a preventable tragedy.
Let’s take a look at some of the types of wrongful death cases we handle at our law firm.
Car accidents remain a leading cause of death in the United States, and Utah is no exception. Drivers who speed, text while driving, or drive under the influence of drugs or alcohol put everyone at risk.
Even a short lapse in attention can lead to a fatal collision. If your loved one died because another driver was careless or reckless, you might have grounds for a wrongful death lawsuit. Damages can include medical costs for any treatment before death, funeral expenses, and loss of financial support.
Proving fault usually involves gathering police reports, witness statements, and possibly expert reconstruction of the crash.
People place their trust in healthcare professionals to treat them effectively, but errors do happen. A doctor might fail to diagnose a critical condition, or a surgeon might make a mistake during an operation.
Pharmaceutical errors, such as prescribing the wrong medication or dose, can also be deadly. If a patient loses their life because a medical provider deviated from accepted standards of care, that may constitute wrongful death.
Hospitals often have their own legal teams to challenge these claims, making it crucial to consult an attorney who understands medical malpractice law. They can review records, consult expert witnesses, and show how the provider’s negligence caused the fatal outcome.
Workplace accidents, especially in high-risk fields like construction or manufacturing, can claim lives. Machinery malfunctions, falling objects, or exposure to harmful chemicals can lead to fatal injuries.
Although workers’ compensation laws cover many on-the-job accidents, some situations allow the family to file a wrongful death claim. This might happen if a third party, such as an equipment manufacturer, or an exceptionally negligent employer is involved. Thorough investigation can identify whether safety rules were ignored or if defective equipment played a part.
Defective products, ranging from car tires to household appliances, can cause deadly incidents. A tire blowout at high speed can cause a fatal crash, or a poorly designed power tool might injure someone fatally.
If a loved one dies because a product was defectively designed or manufactured, you might pursue a wrongful death claim against the product’s manufacturer or distributor. Proving such a case typically requires product testing and expert analysis to show how the defect led to death.
Property owners have a duty to keep their properties safe. If they fail to repair hazardous conditions or warn visitors of dangers, they may be liable for fatal accidents that occur on their premises.
Examples include a slip and fall down improperly maintained stairs, or a pool drowning where no proper safety measures were in place. Depending on who owns the property, be it a private individual, a business, or the government, the legal process can vary.
Occasionally, wrongful death arises from criminal acts like assaults or drunk driving. While the state may prosecute the offender in criminal court, a separate civil claim can hold them financially responsible for the death.
The standard of proof in civil cases is generally lower than in criminal trials (beyond a reasonable doubt), potentially making it easier to succeed in a wrongful death lawsuit even if a criminal case is not won.
No matter the cause, car accidents, medical errors, or dangerous workplaces, the emotional and financial burden is significant for those left behind. Understanding the common causes helps show that such tragedies often occur from preventable negligence. By filing a wrongful death claim, families can pursue justice and financial stability in a time of profound loss.
Utah law specifies which individuals have the legal right to file a wrongful death lawsuit. Generally, the claim is filed by the personal representative of the deceased’s estate on behalf of the eligible family members.
However, certain family members can also file in their own capacity, depending on the situation.
Eligible family typically includes:
If the deceased had an estate plan, the designated personal representative can initiate the lawsuit. Where no estate plan exists, the court may appoint a personal representative. The idea is to ensure a single claim covers everyone’s losses, preventing multiple overlapping lawsuits. The compensation, once recovered, is distributed among eligible family members.
It is important to note that wrongful death claims focus on the harm done to family members like lost financial support or the loss of companionship. A survival action, on the other hand, seeks compensation for the deceased’s pain and suffering before passing.
Utah recognizes distinct legal avenues, so consulting a lawyer helps you file the correct claims and secure the appropriate compensation for your family’s unique circumstances.
Generally, you have two years from the date of the death to begin a wrongful death lawsuit in Utah. However, there are exceptions and nuances. For example, if the wrongful death involves medical malpractice, the timeline might differ slightly.
If the claim is not filed within this period, courts typically refuse to hear it. That means families may lose their chance to recover financial damages that could help them cope with expenses and future needs. This underscores the importance of acting promptly, even though grief can make legal matters seem overwhelming.
By consulting a wrongful death lawyer soon after the death, you can ensure that deadlines are met, and crucial evidence is preserved. Delays risk witnesses forgetting details or records becoming harder to obtain. A timely approach also provides families a clearer path to closure, enabling them to move forward with the emotional healing process while the legal aspects are managed by professionals.
When a loved one’s life is cut short by someone else’s negligence, the surviving family members often face financial and emotional hardships. A wrongful death lawsuit can address these burdens by offering various forms of compensation. Below are the types of damages typically recoverable:
If your loved one received medical treatment before passing away, those costs can be immense. It might include emergency room visits, surgery, or ICU care. A wrongful death claim seeks to recover these final healthcare expenses, reducing the burden on the grieving family.
Funerals and burials come with significant costs, from caskets to memorial services. The compensation from a wrongful death suit often includes these expenses. This allows families to lay their loved ones to rest without worrying about mounting bills during such an emotional time.
A major reason families struggle after a wrongful death is the loss of the deceased’s income. That income might have supported household bills, children’s education, or retirement savings.
In Utah, wrongful death claims can aim to replace these lost earnings. This can involve calculating not just current wages, but also potential future income and benefits like health insurance or pensions.
Beyond tangible financial losses, families suffer emotionally. A spouse loses the companionship, guidance, and support of their partner, while children miss out on a parent’s love and care.
Utah law recognizes these emotional burdens, allowing claims for loss of consortium or companionship. Though not easily converted to a dollar figure, this compensation acknowledges the deep impact of losing a loved one.
Sometimes, the death may shorten what the deceased would have accumulated in savings or assets passed to family members. A wrongful death claim might address lost inheritance if the individual would have likely saved or invested more had they lived a normal lifespan.
In certain cases, you might pursue compensation for the suffering the deceased endured between the accident and their passing. This is more aligned with a survival action, which can coincide with wrongful death in some Utah cases.
While the deceased is not around to claim these damages personally, their estate may seek compensation for the physical pain and emotional distress they experienced.
Punitive damages are not automatically part of every wrongful death case. They apply if the at-fault party acted in a way that was extremely reckless or malicious.
For instance, a drunk driver who repeatedly drove under the influence might trigger punitive damages to punish that behavior. These damages aim to discourage similar misconduct in the future.
Every case differs, and the specific damages you can recover depend on your relationship to the deceased and how their absence affects you.
Courts will also review the deceased’s age, health, earning capacity, and other factors. Expert witnesses, such as economists or doctors, might testify to show how the death affects your long-term financial and emotional well-being.
Often, families negotiate with the at-fault party’s insurance provider, striving for a settlement that covers all these losses. Insurance companies might try to minimize payouts, so detailed evidence of your family’s situation is crucial.
If a fair settlement is not reached, the case may go to trial. A jury can then decide the amount of damages based on the evidence presented.
Securing fair compensation can help families handle bills and plan for the future. While money cannot bring back a loved one, it can provide a sense of justice and stability.
Working with an experienced wrongful death lawyer ensures your claim reflects the true scope of your losses, from financial burdens to the emotional impact of losing a beloved family member.
At Flickinger Boulton Robson Weeks, we understand the intense emotional pain families face when a loved one’s life is cut short through negligence.
Our mission is to support you during this difficult time by handling the legal details and advocating for your best interests. Below is how we approach wrongful death cases in Orem, drawing on our proven record of success in personal injury law.
We start with a personal meeting where we encourage you to share your story. Our goal is to understand not just the basic facts of the incident but also who your loved one was and how their loss affects your daily life.
This personal approach helps us plan a strategy that meets your specific needs. We realize that every family’s situation is unique, so we tailor our representation accordingly.
Once we begin working on your case, we thoroughly investigate the accident or event that led to the death. If it was a car crash, we examine police reports, gather witness statements, and consult accident reconstruction experts.
For medical malpractice cases, we review medical records and seek advice from healthcare professionals to identify whether standard care was followed. If a workplace accident is involved, we might analyze safety records and interview co-workers. This meticulous research often reveals whether negligence truly caused your loved one’s passing.
Wrongful death cases can be financially intricate. Our wrongful death lawyer in Orem looks at the deceased’s past earnings, future earning potential, and the support they provided to family members. We also consider intangible losses such as emotional comfort, guidance, and love.
Expert witnesses like economists may be called in to calculate potential future income or benefits. By gathering this data, we show insurers or a jury the full extent of the financial and emotional harm your family has suffered.
In Utah, wrongful death claims are often tied to the deceased’s estate. We help families establish or locate the personal representative.
This representative files the claim on behalf of surviving heirs and handles any survival action if relevant. We coordinate these legal tasks to minimize confusion, especially when families are already overwhelmed by grief.
In many cases, insurance companies handle the bulk of the financial responsibility. That might be a hospital’s malpractice insurance, a driver’s auto insurance, or a business’s liability coverage. Insurance adjusters might try to reduce or deny valid claims to save money.
Our role is to present a strong argument for fair compensation, backed by evidence of your economic and emotional losses. We negotiate firmly, using the detailed findings of our investigation to argue for a settlement that truly meets your needs.
If the insurer refuses to settle fairly, we are prepared to litigate. Our Orem wrongful death attorneys have a background in courtroom procedures, cross-examining witnesses, and presenting complex evidence in understandable terms.
Although going to trial can be emotionally taxing, we stand by your side through every hearing and conference, keeping you informed and ensuring your voice is heard. Sometimes, the very act of preparing for trial prompts the other side to offer a fair settlement, but we remain ready if it moves forward.
We know how draining the legal process can be, particularly while you are mourning. That is why we prioritize open communication and empathy.
Whether it is calling to update you on a recent legal filing or explaining the next step in simple terms, we want you to feel supported.
Our firm highlights a record of notable outcomes, including a $5 million settlement in a wrongful death case.
While past success does not promise a specific outcome in your case, it reflects our dedication to thorough investigations, strong negotiation, and, if needed, aggressive litigation. We pursue every avenue to achieve the best resolution for you.
Losing a loved one is an unimaginable hardship, and no legal process can truly fill that void. Yet obtaining compensation can ease financial worries, helping you cover expenses and plan for the future. It can also hold negligent parties accountable, preventing similar tragedies. Our aim is to guide you toward the closure and stability you need. By trusting our firm with the legal complexities, you can focus on healing and honoring your loved one’s memory.
In Utah, the statute of limitations for most wrongful death claims is two years from the date of death. Missing this deadline typically means losing the right to seek compensation.
Utah follows modified comparative negligence rules. If the deceased was under 50 percent at fault, the claim may still proceed, though compensation might be reduced. If they were 50 percent or more at fault, recovering damages becomes unlikely.
Damages are awarded to the deceased’s estate or directly to eligible heirs, depending on the court’s decision. In many cases, the personal representative distributes the funds based on Utah’s wrongful death statutes.
Civil claims for wrongful death can proceed even if no criminal charges are pressed. The legal standards differ, so a defendant can still be found liable for wrongful death in civil court.
It is best to seek legal advice as soon as possible. Early action helps preserve evidence, secure witness statements, and ensure compliance with filing deadlines.
If you have lost a loved one in Orem because of someone else’s negligence, Flickinger Boulton Robson Weeks is here to help. Call our office at (801) 500-4000 or to arrange a free consultation with an Orem wrongful death lawyer. We understand the grief and financial strain you may be facing, and we are dedicated to guiding you through each step of filing a wrongful death claim.
Our attorneys bring a compassionate approach, recognizing that no sum can truly replace what you have lost. At the same time, we aim to secure justice and financial security for your family. Whether it involves settlement negotiations or going to court, our team is prepared to handle your case with empathy and diligence. We have successfully resolved claims for other Utah families, helping them move forward with hope and stability.
Let us ease the legal burdens while you focus on healing. We will listen to your story, gather evidence, and, if necessary, consult experts to strengthen your claim. Contact us today to learn about your options and discover how we can work together to pursue the compensation and peace of mind you deserve.
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