Statute of Limitations in a Wrongful Death Lawsuit: The Process Explained
If you don’t file the lawsuit within the statute of limitations, you could lose the right to pursue legal action against the responsible party, but there are exceptions like new evidence or finding out that a minor was involved.
Utah Wrongful Death Statute of Limitations: 6 Things to Consider
When it comes to wrongful death, there are statutes of limitations in Utah that must be followed. This means that you must file your lawsuit within a specific timeframe for Utah courts to consider it.
Myths About Wrongful Death Claims
There are a lot of misconceptions out there about wrongful death claims, several of which we’re clearing up today. We’re covering nine myths about wrongful death claims. Keep reading to learn more!
Is Wrongful Death Civil or Criminal?
Wrongful death is not a crime, but the circumstances that lead to it will help determine whether it is considered a civil or criminal case. Wrongful death is not always easy to prove. The conditions surrounding such a case can be convoluted and confusing to sort through. If you’ve had a loved one die in an accident, you might be wondering if you’re eligible to file a lawsuit. Continue reading to learn more about how these cases operate. What Is the Difference Between Civil and Criminal Cases? To better understand wrongful death, let’s discuss the differences between criminal and civil law. Criminal cases deal with behaviors that are an offense to the public, society, or the state. Common criminal cases include theft, murder, and assault. Conversely, civil cases deal with behavior that is an injury to an individual or private party. Common civil cases include property damage, slander, defamation, or a breach of contract. What Is Wrongful Death? A wrongful death claim is a civil suit where a victim is seeking monetary damages due to the death of a loved one. In such a civil case, the plaintiff is usually a close family member representing the deceased. The defendant is whom the plaintiff is looking toward for monetary gain. In these death cases, the plaintiff asserts that the defendant was responsible for the death of the loved one, whether it was negligent or intentional. Damages in a Wrongful Death Case Damages in a wrongful death case, or the categories for which a survivor might be able to receive compensation, include: The deceased’s pain and suffering before passing away The medical costs the deceased sustained as a result of injury Loss of inheritance due to the death Loss of services the deceased would have provided Loss of the companionship of a relationship Loss of potential childcare, such as guidance support or parenting Cost of the funeral Loss of consortium Loss of the deceased’s future income Proving Wrongful Death When a lawsuit is filed, the burden of proof falls onto the plaintiff, who will show that the defendant, either intentionally or negligently, caused the death of the loved one. The plaintiff needs to prove the following: Duty – A duty is performing care that keeps a person safe or away from something that would harm another person. If someone is liable for a death, a judge will decide if the deceased was entitled to a duty of care. Proving a breach of duty – If the judge finds that the deceased was entitled to the duty, the plaintiff must provide evidence showing that it was not completed. Proving causation – After confirming that the defendant breached their duty, the plaintiff must prove that the breach was the reason behind the death. Proving damages – The plaintiff also needs to provide evidence of the injuries inflicted on the deceased. Flickinger Sutterfield & Boulton Is Here for You Losing a family member due to wrongful death is one of the most emotionally draining feelings anyone can experience. If you intend to receive compensation for your loss, file a lawsuit with Flickinger Sutterfield & Boulton as soon as possible. Our personal injury attorneys will handle the case to ensure you receive compensation. We serve Utah residents and have offices in Provo, Orem, Saratoga Springs, and West Jordan, Utah. Schedule your free case evaluation today.
Causes of Accidents: Texting and Driving
Smartphones have made it easy for us to stay connected at all times, but they can pose serious safety risks when it comes to texting and driving. On any given day, approximately 660,000 drivers attempt to use their phones while behind the wheel.
What are Some Examples of Wrongful Injury Cases?
Wrongful injury is a broad field that encompasses numerous kinds of injuries; however, there are a few types of cases that are common in the U.S. Continue reading to learn about four of the most common examples of personal injury claims that are pursued with the help of an attorney. Car Accidents One of the most common examples of wrongful injuries is car accidents. Most accidents happen because one of the drivers involved is driving carelessly. The motorist who is at fault can be held liable for any injury sustained in the accident. Utah is considered a no-fault state. This means that drivers will receive compensation from their own insurance company instead of from the driver who was at fault. Under no-fault laws, motorists may sue for severe injuries only if the case meets certain conditions. Slip and Fall Cases Property owners have a legal responsibility to keep their location free of potential hazards. Not all injuries that happen on a property will lead to liability; this is determined on a case-by-case basis. If you are wounded on some else’s property, make sure you report the injury to the owner first. Next, if there are any witnesses, get their name and contact information. If possible, take pictures of the damage and what caused it. Seek medical treatment, if needed. While you are receiving care, make sure you explain the nature of your injuries to your healthcare provider. Medical Malpractice Medical malpractice is another major example of a wrongful injury. According to Johns Hopkins Medicine, medical negligence is the third leading cause of death in the United States, and there are between 80,000 and 100,000 deaths every year. Medical malpractice occurs when a healthcare professional fails to treat their patients at the minimum standard of care. When the lack of proficient medical care leads to injury, the health care professional and the facility could be held liable. Dog Bites Dog bites are an additional example of wrongful injuries. In most cases, the owner of the dog will be held responsible. There are two different types of dog bite laws that most states have adopted: strict liability and “one bite” laws. Strict liability means that even if a dog has shown no aggression in the past, the owner will be held accountable if their dog bites someone. Utah, among 35 other states, is a strict liability state. A few states carry “one bite” laws. This allows dogs that have a history of being calm “one bite” before the owner is held financially responsible. Contact Flickinger Sutterfield & Boulton for Personal Injury Cases If you have incurred a wrongful injury due to the actions of others, Flickinger Sutterfield & Boulton can help. Our personal injury attorneys handle cases involving a wide range of injuries, and will help you build a case against those responsible for your injury. We have offices in Orem, Provo, Saratoga Springs, and West Jordan, Utah. Reach out for your free case evaluation today.
What is the Number One Cause of Wrongful Death?
There are countless causes of negligent deaths, but the most common cause of wrongful death is automobile accidents. Today, we are looking into why automobile accidents are the number one cause of negligent death and what to do if your loved one is a victim of this fatality. What is Wrongful Death? Wrongful death is the result of a fatality caused by the recklessness or negligence of another person. This can occur in a variety of ways. A wrongful death lawsuit is a claim made against another person who can be held liable for a death. Surviving parents, spouses, or children can file a claim against the person who caused the loss. What is the #1 Cause of Wrongful Death? According to the National Highway Traffic Safety Administration, approximately 36,000 people died in motor vehicle crashes in 2019. Noting this statistic, it is no surprise that the number one cause of wrongful death is automobile accidents. These types of calamities can involve vehicles or pedestrians and can occur due to many factors, including: Drunk or impaired driving Speeding or recklessness Inattentive driving Poor weather Auto or road defects Although unintentional, deaths are far too common on United States roads. Practicing safe driving is imperative to reduce the fatal statistics associated with automobile accidents. Other Examples of Wrongful Death The ways wrongful death can occur are innumerable. Aside from motor vehicle accidents, here are some of the most common offenders of wrongful death: Aviation accidents Birth injuries that lead to death Medical malpractice Workplace accidents Product liability Premise liability Violence Drowning, boating, or other recreation accidents Who Can Pursue a Wrongful Death Claim? It varies from state to state, but generally, a wrongful death claim has to be made by an immediate relative. In Utah, the lawsuit can only be pursued by legal heirs, and only one claim can be filed in total. Utah defines legal heirs as all immediate surviving family members, including: Spouse Children Parents Stepchildren under 18 If none of these heirs exist, any other blood relative can file the lawsuit. How Long Do I Have to File a Wrongful Death Claim? The statute of limitations for wrongful death claims in Utah is two years after the death occurs. If the claim is against a government agency, the claim must be filed within one year instead of two. A wrongful death must be filed in a civil court. We advise consulting with a qualified attorney that understands how a wrongful death case operates specifically in Utah. Flickinger Sutterfield & Boulton is Here for You Regardless of the cause of wrongful death, a lawsuit should be handled by experts who can reduce any additional pain to the surviving family. At Flickinger Sutterfield & Boulton, we understand that nothing can erase the pain of losing someone you love to someone else’s negligence; however, a wrongful death lawsuit can help you hold those responsible accountable for their actions. We have offices in West Jordan and Utah County, Utah. Contact us for a free case evaluation today.
Is There a Statute of Limitations on Wrongful Death?
A wrongful death claim is a lawsuit brought against a defendant who’s responsible for someone else’s death due to negligence. These claims allow those who were close to the deceased person to receive compensation for their loss or any trauma they may be experiencing. Discover more information about wrongful death claims. How Much Time Do I Have to File a Claim? Even though it’s a stressful time for family members, it’s important to file a wrongful death claim as soon as possible. All civil actions, including ones regarding death, have time limits for when they must be filed; this is known as a statute of limitations. Learn more about the statute of limitations and how it can impact your lawsuit. General Information on Wrongful Death Claims A wrongful death claim can arise from any fatal situation, such as: Car Crashes Workplace Mishaps Negligent Security Medical Malpractice Product Liability Cases They differ from personal injury claims because a survivor can file the complaint on behalf of the deceased person. The following people can file a claim: The surviving spouse The surviving domestic partner The deceased person’s children Anyone who the law may entitle to property through succession, such as parents or siblings Parties who can prove they were financially dependent on the deceased person, such as a putative spouse, stepchildren, or the putative spouse’s children You can file a lawsuit against a person, company, or government agency. For instance, in a car accident involving a drunk driver and hazardous road conditions, a wrongful death action may include the following defendants: The drunk driver The constructor of the faulty road The manufacturer or distributor of a defective part of the vehicle The person who sold or gave alcohol to the impaired driver Understanding Statutes of Limitations A statute of limitations is the amount of time you have to file a court case, and it applies to both civil and criminal matters. The statute of limitations for some cases is six months, but for more severe crimes, such as felonies, it ranges from three to six years. However, some crimes have no time limit, and charges can be filed at any time, even decades after the crime occurred. Each state has its own statute of limitations on wrongful death claims. For example, in Utah, it must be filed within two years of the date of the person’s death. Can the Statute of Limitations Ever Pause? All hope is not lost if the statute of limitations period for your case expires. Here are two last resort options that may extend the time limit: Tolling: This refers to pausing the statute of limitations, which usually only happens if a criminal flees their state or conceals evidence. Having the statute of limitations waived by the court: A plaintiff may ask the judge to waive the statute of limitations so they can file a lawsuit. However, these attempts are usually unsuccessful, as specific criteria must be met. Flickinger Sutterfield & Boulton Can Help If you’ve lost a loved one due to someone else’s negligence, you may be eligible for compensation. The skilled personal injury attorneys at Flickinger Sutterfield & Boulton can help you receive damages before the statute of limitations runs out. Contact us today for a free case evaluation.
Wrongful Death
The Grief after a Wrongful Death CAN BE CRIPPLING Losing a loved one is a horrible experience no matter the circumstances. To then find out that their death could have been prevented can be devastating. If you have lost a loved one due to negligence, you have rights…. WRONGFUL DEATH ATTORNEY WE CAN HELP YOU TAKE ACTION At Flickinger Boulton Robson Weeks, we understand that nothing can erase the pain of losing someone you love. However, a wrongful death lawsuit can help you hold those responsible accountable for their actions. You can also receive financial compensation to help you deal with the aftermath. Our compassionate wrongful death attorneys have been fighting for Utah citizens since 1993. We can help you understand your rights and how to take action against those responsible. If you have lost someone you love, you likely have many questions about what to do next… GET THE HELP YOU NEED Our attorneys can investigate your case and determine if you have the right to pursue a wrongful death lawsuit. We can also connect you with resources to help make this difficult time more manageable. Three Things You Can Do AFTER THE WRONGFUL DEATH OF A LOVED ONE Take Your Time The aftermath of a serious loss can be incredibly overwhelming. Try not to make any difficult decisions or sign any compensation agreements until you have a chance to sort through what has happened. Take things slowly until you are sure about what you want to do. Talk To Your Insurance Company While it is important to be cautious of signing any agreements, you will need to inform your insurance company if you want to file a wrongful death claim. They will likely ask for a recorded statement of what happened. Do not record anything for the at-fault party’s insurance company until you speak to an attorney. Contact an Attorney Speaking to a personal injury attorney early in the process can help you find out if you have a solid claim. Flickinger Boulton Robson Weeks offers free case evaluations to allow you to explore your rights. We can also coordinate with your insurance company to ensure you are treated fairly. So how do you know if you can sue? Understanding Your Options THE ELEMENTS OF A WRONGFUL DEATH LAWSUIT Under Utah law, any surviving heir can sue for damages in the event of a wrongful death. Heirs include adoptive or biological children, parents, and spouses. However, for you to have a solid case, the following elements must be present: The death of a human being Another person’s negligence or intent to cause harm Surviving family members who have suffered monetary injury as a result A representative of the deceased’s estate As with any personal injury case, negligence can be difficult to prove. At Flickinger Boulton Robson Weeks, our attorneys have been representing clients in wrongful death suits since 1993. We can investigate your case and determine who was really at fault for the loss of your loved one. Common Causes of Wrongful Death Medical Malpractice When a medical professional <strong>fails to provide a proper standard of care</strong> and a death results, you have the right to pursue a lawsuit. Motor Vehicle Accidents Accidents involving automobiles or airplanes can have catastrophic effects. If an accident caused the death of a loved one, you may be able to sue another driver, the car manufacturer, or another responsible party. Hazardous Conditions at Work If your loved one died due an accident at work or exposure to a harmful substance, we can help you determine if an individual or organization was responsible for their death and build a case against them. Violence If someone intentionally kills your loved one, you can pursue a civil lawsuit in addition to any criminal charges brought against that individual by the state of Utah. Negligent Supervision If your loved one died during a supervised activity, negligence may be to blame. You may have the ability to file a lawsuit against the individual who was responsible for supervising the activity. Collecting Compensation CAN OFFER MUCH-NEEDED RELIEF The law cannot replace your loved one. All a judge can do is award “damages” or financial compensation. While it may seem cold to seek money after the loss of a loved one, a wrongful death lawsuit can be a way to honor them and protect others from suffering the way you have. It can also provide relief from expenses, including funeral and burial costs. At Flickinger Boulton Robson Weeks, we will always fight for the maximum compensation possible in your case. However, we also strive to personalize our methods to your preferences. Whether you wish to aggressively pursue compensation in court or seek a quick settlement, we are here for you. COMMON DAMAGES AWARDED FOR WRONGFUL DEATH CASES INCLUDE: Survival Claim A serious accident or illness can cause extensive pain and suffering. The judge may award compensation for the suffering the deceased person experienced as a result of the injury which caused their death. Medical Costs If your loved one incurred medical costs prior to death as a result of the injury, you may be able to collect compensation to help repay them. Funeral and Burial Costs The cost of a funeral and burial can be significant. This type of damage is intended to cover the costs of mourning and burying your lost loved one. Loss of Income For many families, losing a member can mean a massive difference in their financial stability. The court may calculate the expected income of the deceased individual as part of the awarded damages. Loss of Consortium When an individual dies, their loved ones lose a source of care, guidance, love, and companionship. Often referred to as loss of consortium, this type of damage is meant to provide some relief for this terrible loss. You Do Not Have to Wait FOR THE RESULTS OF A CRIMINAL CASE While a criminal case may offer some level of justice for your loss, it cannot provide for your financial stability. You can file a wrongful death lawsuit even if there is a criminal case in progress. You can also pursue a civil suit if the individual responsible for your loss is not found guiltyin court. Wrongful death lawsuits
Wrongful Death and Loss of Income
The financial struggles that often accompany the death of a loved one can make an already difficult time seem unbearable. Whether your loved one was the sole provider in your family or you shared the cost of expenses evenly, the death could leave you struggling financially. Our attorneys at Flickinger Sutterfield & Boulton in Provo, UT understand how stressful the loss of a loved one can be. If your loved one’s death was caused by someone else’s negligence, we can help you file a wrongful death claim to recoup that loss of income. Wrongful death and loss of income is just one of many types of damages our attorneys can help you pursue to hold the other party responsible. Who Can File a Wrongful Death and Loss of Income Claim? Loss of income damages is generally awarded to the deceased’s dependents whom he or she provided financial support. This may include a spouse, children, and even parents or grandparents. Generally, a representative for the deceased’s estate, which may be a spouse, files the claim on behalf of all potential beneficiaries. How Are Loss of Income Damages Calculated? First, the family must provide proof of the deceased’s income and the amount of support provided. The amount of “support” each dependent receives depends on a number of factors. First, you must look at what the deceased earned previously and his or her projected earning capacity up until retirement. Financial experts may be called on to more accurately calculate estimates such as raises and promotions. The amount of support the deceased provided to his or her dependents will also play a role. If the deceased was the sole provider, the surviving spouse may receive support through retirement (age 65). If both spouses worked, the surviving spouse must provide proof of the support the deceased provided previously. Minor children can receive support through the age of 18. In some cases, children can also receive support for college if there is sufficient evidence to prove the deceased would have contributed to the child’s higher education. Why Do I Need a Lawyer? Wrongful death claims are inherently complex, to begin with, but determining a loved one’s potential earning capacity is best left to the experts. At Flickinger Sutterfield & Boulton, our attorneys work with several financial experts to provide all the necessary proof of your loved one’s earnings and support, and also their potential earning capacity. They will look at your loved one’s education level, employment history, and other factors that might have affected his or her future income. Our attorneys will ensure that the needs of all dependents are met in an effort to help restore your financial security during this difficult time. Call Our Law Firm to Speak with an Attorney If you lost a loved one in an accident caused by another party’s negligent or reckless actions, contact us today to speak with an attorney about filing a wrongful death claim. They will review the details of your claim and discuss your eligibility for damages.
Who Can File a Wrongful Death and Loss of Consortium Claim?
If you lost a loved one due to fatal injuries in an accident caused by another party’s negligence or misdeeds, you may have a wrongful death and loss of consortium claim. The attorneys at Flickinger Sutterfield & Boulton in Provo, UT can help you understand your rights and will review your wrongful death case in detail to determine if you are eligible for compensation. If you are, they will provide you with the legal representation needed to successfully file and receive compensation for your loss of consortium. What Is Loss of Consortium? In wrongful death cases, loss of consortium refers to the damages the surviving spouse suffers. These damages account for the non-economic support the deceased provided to his or her spouse and family. After a loved one’s death, the surviving spouse loses the companionship, love, affection, and emotional support that were previously enjoyed in the marriage. Who Can File a Wrongful Death and Loss of Consortium Claim? In most cases, the surviving spouse is the only party who can file a loss of consortium claim. In limited circumstances, a parent or child may have the right to file such a claim. If you are unsure whether you can file a wrongful death and loss of consortium claim, one of our attorneys can evaluate your case and determine whether you are eligible for such compensation. It is important to note that laws regarding wrongful death and loss of consortium vary from state to state, so it is essential that you work with an experienced law firm like Flickinger Sutterfield & Boulton. Our attorneys have decades of experience in this area of law and will ensure your claim meets the criteria as outlined by state law. How Are Loss of Consortium Damages Calculated? These damages are more difficult to calculate because they are compensation for non-monetary losses. Compensatory damages usually cover financial losses, such as medical and funeral expenses and loss of income. Loss of consortium accounts for other categories, like shared household chores and affection. Loss of consortium damages can vary greatly depending on a variety of factors, such as each spouse’s age, length of the marriage, quality of the relationship, and more. It is also important to understand that many states limit the amount of damages a surviving spouse can collect for loss of consortium. In order to collect the maximum amount possible, you need a skilled team of attorneys on your side. Contact Our Compassionate Attorneys Today The loss of a loved one is perhaps one of the most difficult experiences a spouse must endure. The grief, loneliness, and depression, coupled with the loss of financial security can be overwhelming. Our attorneys understand what you are going through and will work with you to ease some of your stress and worry during this difficult period. We handle all wrongful death and loss of consortium claims with the personal care and attention you deserve. To meet with one of our compassionate attorneys, contact our law firm and schedule a consultation.
Wrongful Death Statutes of Limitations: What You Should Know
The loss of a family member is a painful experience, especially when the death was caused by someone else’s negligence. When the loss of a loved one was preventable, there may be legal grounds for a wrongful death case. A wrongful death case can help spouses, children, and parents obtain compensation when they have lost a family member due to another person’s negligence. Although financial compensation cannot ease the pain of losing a loved one, it can hold responsible parties liable and prevent other families from suffering the same fate. To learn more about your legal rights regarding the wrongful death statute of limitations, contact our Provo, UT attorneys at Flickinger Sutterfield & Boulton. What May Constitute a Wrongful Death Lawsuit? When a person dies due to someone else’s negligence or misconduct, family members may be entitled to file a wrongful death lawsuit. You may have a wrongful death case if: The death was caused by negligence The death was intentionally caused The death was a result of medical malpractice The death was caused by a motor vehicle or airplane accident The death occurred during a supervised activity The death was the result of an occupational hazard The surviving family members are suffering monetary damages due to the death What’s the Statute of Limitations for Filing a Wrongful Death Claim? The statute of limitations, or the amount of time that you have to file a legal action, for wrongful death lawsuits varies by each state and circumstance of death. Many states allow two years from the date of the event that caused the death of filing a lawsuit, while others may only allow one year. Wrongful deaths involving minors often have their own rules governing the statute of limitations, as do wrongful deaths involving those with mental disabilities or fraud. Additionally, many states do not begin the clock for the statute of limitations until the negligence or harm is discovered, commonly called the “date of discovery.” With that said, some states put a time restraint on the date of discovery for cases involving medical malpractice, product liability, or construction accidents. For instance, a lawsuit may be brought within two years from the date of discovery but no more than five years from the date at which the harmful act occurred. Because the statute of limitations varies and can quickly pass, it’s important to contact a wrongful death attorney as soon as you suspect the death of a family member to be the result of someone else’s negligence. What to Do if You Suspect the Wrongful Death of a Family Member In order to determine if the death of a family member is grounds for a wrongful death case, it is important to contact a wrongful death attorney. A wrongful death attorney can evaluate the circumstances surrounding the death of your loved one to determine if there are grounds for a lawsuit. If you suspect the death of your family member was caused by someone’s negligence or misconduct, it is vital to contact an attorney immediately to ensure a case is filed before the statute of limitations runs out. Contact the Attorneys of Flickinger Sutterfield & Boulton If you suspect a family member has been the victim of wrongful death, we encourage you to contact our wrongful death attorneys to learn more about your legal rights.