It’s impossible to prepare for the sudden, heartbreaking loss of a loved one, especially when you learn that someone else’s negligence may have caused the tragedy. Maybe they were struck by a drunk driver on University Avenue, or suffered a fatal workplace accident at a local Provo construction site. In the midst of your grief, you’re left with a wave of worries: How do you hold the responsible party accountable? How can you cover unexpected expenses like medical bills and funeral costs? And will your family ever find a sense of closure?
These questions can be emotionally overwhelming, adding stress to an already devastating time. When you feel lost and uncertain, you need reassurance that there’s a path to justice and support. You need a place to turn for both legal guidance and compassion.
A wrongful death claim can provide the support you need during this trying time by seeking compensation for your losses and holding negligent parties accountable. At Flickinger Boulton Robson Weeks, our Provo wrongful death lawyers understand the emotional and financial burdens that follow such a sudden loss. We work tirelessly to help families find a measure of closure while honoring the memory of those they have lost.
Wrongful death cases in Provo can arise from a range of tragic circumstances. These events often happen unexpectedly, leaving families in shock and grief.
While no amount of money can truly compensate for a loved one’s absence, filing a claim can at least ensure that the party at fault is held responsible for the pain and financial strain their negligence caused. Below are some of the most common reasons wrongful death claims occur in Provo and throughout Utah.
Provo’s streets bustle with cars, trucks, bikes, and pedestrians—particularly around busy areas like Brigham Young University or along University Parkway. Unfortunately, auto accidents remain one of the leading causes of accidental death in Utah.
Whether it’s due to drunk driving, speeding, texting behind the wheel, or simply disregarding traffic signs, a careless driver’s moment of negligence can have life-altering (and life-ending) consequences. The emotional toll on surviving family members is immense, and pursuing a wrongful death claim can address not only financial losses but also some measure of justice for the victim.
Healthcare providers in Provo, including doctors, nurses, and hospitals, are expected to uphold a certain standard of care. When mistakes happen (such as misdiagnosis, surgical errors, or medication mix-ups) and a patient dies as a result, it may constitute wrongful death through medical malpractice.
These cases can be particularly complex, often requiring expert testimony and in-depth medical records. However, they also serve an essential purpose: pushing for accountability that can improve patient care for everyone.
Provo is known for its entrepreneurial spirit and a mix of traditional industries. Sadly, workplaces, like construction sites or factories, can sometimes become the scene of fatal accidents if employers or contractors fail to follow safety protocols.
Falls, electrocutions, faulty equipment, or lack of proper safety training can lead to tragic outcomes. While workers’ compensation might offer some support, a wrongful death claim may also be appropriate if the negligence goes beyond ordinary workplace risks or involves a third party.
Regardless of the cause, losing someone you love due to another’s negligence can shatter the sense of security Provo is known for. If you suspect a wrongful death has occurred, speaking with an experienced attorney can be the first step toward finding answers and seeking justice for your family.
Wrongful death laws in Utah, including those that apply in Provo, exist to protect families whose loved ones die because of someone else’s negligence or intentional wrongdoing. Understanding these laws can help you determine if you have a valid claim and how best to proceed.
In Utah, a wrongful death is a death caused by the wrongful act or neglect of another. If the deceased could have filed a personal injury lawsuit had they lived, it typically qualifies as a wrongful death case once the victim passes away. This could arise from car crashes, medical errors, defective products, or even criminal acts.
Under Utah law, the general rule is that a wrongful death lawsuit must be filed within two years of the date of the deceased person’s passing.
Missing this deadline can mean losing the right to seek compensation, though some exceptions might extend or shorten the time limit. It’s crucial to discuss your situation with a Provo wrongful death lawyer promptly to ensure you don’t miss any critical deadlines.
The law in Utah allows claimants to seek compensation for both economic and non-economic damages. Economic damages are tangible costs such as medical bills, funeral expenses, and the loss of the deceased’s future earnings.
Non-economic damages can include the emotional suffering and loss of companionship experienced by surviving family members. In some cases, Utah courts also allow punitive damages, intended to punish particularly egregious behavior and deter similar acts in the future.
Like many states, Utah follows a comparative negligence framework. This means if the deceased individual was partially at fault for the incident, it might reduce the amount of compensation the family can recover. If the court finds that the deceased was 50% or more responsible for their own death, the family may not be entitled to damages.
Provo is known for its tight-knit community, strong educational presence, and scenic outdoor attractions. In many ways, these local characteristics can influence or complicate wrongful death cases. For instance, local intersections with higher traffic or mountainous areas with unique road conditions can play a role in liability issues.
Navigating the nuances of Utah’s wrongful death statutes can be difficult, especially while coping with grief. That’s why many families reach out to experienced firms like Flickinger Boulton Robson Weeks for guidance. We can ensure you follow proper procedures, stay within deadlines, and get the compensation you rightfully deserve.
In Utah, not just anyone can file a wrongful death claim. The law has specific rules about who is eligible to pursue legal action and recover damages. Understanding these guidelines can help you determine your next steps.
Typically, Utah law permits the spouse, adult children, or parents of the deceased to file a wrongful death lawsuit. For a minor child who has passed away, the parents would have the right to bring the claim.
If the person was an adult, a surviving spouse or the adult children often act as plaintiffs. In some instances, if the deceased did not leave behind a spouse or children, the parents or the victim’s estate may step in.
Another way to bring a wrongful death claim is through the personal representative (often called an executor) of the deceased’s estate.
This representative could be someone named in the will or appointed by a court if no will exists. The estate then pursues damages on behalf of the deceased person’s beneficiaries.
Under Utah law, legally adopted children generally have the same rights as biological children. They may file a wrongful death claim for an adoptive parent. Likewise, adoptive parents can file if an adopted child has passed away due to negligence.
Extended family members—such as siblings, grandparents, or cousins—usually can’t file a wrongful death lawsuit unless they are also the personal representative or meet another specific criterion under Utah’s statutes. If you’re unsure of your legal standing, consulting a lawyer can clarify your eligibility.
Because each family dynamic is unique, determining who can legally bring a claim isn’t always straightforward. Additionally, disputes can arise if multiple family members believe they have a right to file. In those instances, a skilled attorney can help you navigate the legal framework, ensuring that the proper individuals proceed and that the family’s interests are unified.
By clarifying who is eligible to file a wrongful death suit, you’re taking the first step toward seeking accountability and possibly obtaining the financial support your family needs during this difficult time.
The aftermath of a sudden, tragic loss can be disorienting. Emotions run high, and life can feel like it’s on hold. While every family’s situation is different, the following steps often help pave the way toward obtaining justice and financial relief through a wrongful death claim:
Taking these steps may feel daunting when you’re still in the throes of grief. However, each action is a step toward holding the responsible party accountable, obtaining fair compensation, and potentially finding a sense of closure during a painful chapter of your life.
When a family loses a loved one due to negligence or a deliberate act, no amount of money can truly make up for that loss. However, the financial strain that follows such a tragedy—medical expenses, lost income, funeral costs, and more—can exacerbate your emotional suffering.
Fortunately, Utah law provides avenues for families in Provo and beyond to seek various types of compensation in a wrongful death claim.
If your loved one received medical treatment before passing, you may have outstanding hospital or hospice care bills. These costs can quickly become overwhelming, especially if the illness or injuries were severe. Wrongful death compensation can cover:
Planning a funeral or memorial service is both emotionally draining and costly. Provo families often bear significant expenses for caskets, cremation, burial plots, headstones, and services. A successful wrongful death claim can reimburse these outlays, providing some relief during a difficult time.
In many households, a loved one’s paycheck plays a vital role in keeping up with rent or mortgage payments, grocery bills, and everyday necessities. When a key wage earner passes away, the financial impact can be devastating. Wrongful death damages can include compensation for:
Calculating this portion often involves expert testimony, including economists or vocational specialists who can project future earning potential based on the deceased’s age, skill set, and career trajectory.
Non-economic damages acknowledge the profound emotional void left by a loved one’s death. Families can seek compensation for the loss of companionship, guidance, and affection that the deceased would have provided.
While more subjective than medical bills or lost wages, these damages recognize that your loved one’s role in your life was irreplaceable.
In certain wrongful death cases, you can claim damages for the pain and suffering your loved one endured before passing. This is especially relevant if the deceased experienced severe trauma or prolonged suffering due to their final injury or illness.
In Utah, punitive damages are not awarded in every wrongful death claim. However, if the defendant’s actions were extremely reckless, malicious, or intentional—think drunk driving with a high blood alcohol content or a deliberate assault—punitive damages may apply. They aim to penalize the wrongdoer and deter similar conduct in the future.
Every wrongful death case is unique. The amount of compensation depends on various factors, such as the deceased’s age, health, earning capacity, and the specific circumstances of the accident. Additionally, Utah’s comparative negligence rules might reduce a family’s recovery if the deceased shared some responsibility for the event that led to their death.
Many clients in Provo worry about the complexity of calculating damages, especially at a time when grief can make ordinary tasks difficult. By working with a qualified wrongful death lawyer at Flickinger Boulton Robson Weeks, you can rest assured that the legal and financial aspects of your claim will be managed with the utmost care.
Our firm has secured notable settlements for wrongful death cases, including $5 million and $1.8 million awards, reflecting our dedication to helping families recover the maximum compensation possible.
Filing a wrongful death claim in Provo can appear daunting, especially when you’re already dealing with grief and upheaval. Understanding the legal process step-by-step can help you feel more in control as you navigate your claim. Below is a general outline of how these cases often unfold in Utah.
Your first step is to consult with a wrongful death attorney. At Flickinger Boulton Robson Weeks, we start by listening to your story, discussing what happened, and reviewing any available evidence.
From there, we investigate further, which may include analyzing police reports, interviewing witnesses, and gathering medical records to establish how negligence led to your loved one’s death.
As noted earlier, only certain family members or the personal representative of the estate can file a wrongful death claim in Utah. If the deceased had a will, the executor named in the will often serves as the personal representative.
If not, the court may appoint someone. Your attorney can guide you through this process, ensuring you have the legal standing to proceed.
Once your attorney has compiled sufficient evidence, they will draft and file a complaint in the appropriate Utah court. This document outlines the basis of the wrongful death claim, including allegations of negligence, the damages sought, and the parties involved. The defendant(s) will be served with the complaint, and they must file a response within a specified timeframe.
During discovery, both sides exchange information and evidence. This can include written questions (interrogatories), requests for documents, and depositions where witnesses and experts give sworn testimony.
The discovery phase can be lengthy, but it’s a critical period for building a strong case. Detailed, consistent evidence often increases the likelihood of a favorable settlement.
Many wrongful death claims are settled out of court. Your attorney will negotiate with the defendant’s legal team or insurance company to reach a fair settlement.
A settlement offer should account for all economic and non-economic damages, from funeral costs to the emotional trauma inflicted on your family. If negotiations are successful, the case ends here.
If no fair settlement can be reached, the claim may proceed to trial. During the trial, both sides present evidence, call witnesses, and make arguments before a judge or jury. The court then decides whether the defendant is liable and, if so, how much compensation the plaintiffs should receive. Trials can be stressful, but a thorough and well-prepared legal strategy can improve your odds of success.
Once a settlement or verdict is reached, you’ll receive the agreed-upon compensation. This money can help pay for medical bills, funeral costs, and other financial obligations that arose from your loved one’s death, providing a degree of financial stability during an emotionally trying time.
Throughout this entire process, it’s vital to have a compassionate and skilled legal team on your side. The attorneys at Flickinger Boulton Robson Weeks manage every aspect of your claim, keeping you informed and advocating fiercely for your family’s rights—allowing you to focus on healing and honoring your loved one’s memory.
At Flickinger Boulton Robson Weeks, we understand that losing a loved one is not just a legal matter; it’s a personal and deeply emotional journey. Our goal is to offer both legal guidance and compassionate support, recognizing that every family’s situation is unique. Here’s what sets our firm apart when handling wrongful death claims in Provo.
From your very first consultation with us, we listen carefully to your story and your concerns. We know that no two families are the same, and neither are their wrongful death claims.
Whether your loved one died in a tragic car accident near the Provo River or due to medical malpractice at a local hospital, we tailor our strategies to match your specific circumstances. We’ll sit down with you, review documents, answer your questions in plain language, and develop a plan that fits your family’s needs and goals.
Our team features several accomplished lawyers, including Mark T. Flickinger, a founding partner with extensive experience in personal injury law, and Brett R. Boulton, who has represented plaintiffs in a wide range of personal injury cases.
Each attorney brings a unique skill set to the table, allowing us to tackle cases that involve everything from car accidents to workplace incidents.
We also have attorneys like Kevin K. Robson, Zeb Q. Weeks, Daniel M. Woods, Bruce M. Franson, and Sierra Taylor, all of whom are deeply committed to seeking justice for our clients. With such a diverse range of expertise, our firm can confidently address the nuances of your wrongful death case.
Our dedication to client well-being is reflected in the results we’ve achieved. In wrongful death matters, we’ve secured multi-million-dollar outcomes. While these results don’t guarantee future success, they do show our firm’s commitment to fighting hard for families in Provo and throughout Utah.
Successful wrongful death claims rest on strong evidence. To build your case, our lawyers investigate every angle:
By meticulously piecing together the details, we create a well-substantiated narrative that clearly shows the negligent party’s responsibility. This thorough preparation often leads to favorable settlements or trial outcomes.
Insurance companies frequently try to minimize payouts, even in devastating cases involving death. Our attorneys handle these negotiations on your behalf, aiming for a fair settlement that reflects the full extent of your losses—economic and emotional.
We present robust evidence and aren’t afraid to push back if insurers make lowball offers. Should negotiations fail, we’re well-prepared to move forward with litigation.
Pursuing a wrongful death claim involves deadlines, paperwork, court filings, and potentially contentious negotiations. Dealing with these tasks while grieving can be overwhelming.
By managing the legal complexities, we enable you to devote more energy to your emotional well-being and to supporting other family members. We keep you updated at every stage, so you’re never left wondering about the status of your case.
Provo is known for its strong sense of community, scenic mountain views, and commitment to family. As part of this community, we at Flickinger Boulton Robson Weeks take great care in helping families rebuild their lives after a tragedy. We value open communication, honesty, and empathy—qualities that our clients consistently appreciate during such a difficult time.
When you choose our firm, you gain an ally determined to stand with you every step of the way. We work diligently to give you the best chance of obtaining the compensation that can ease financial burdens, offer a degree of closure, and hold negligent parties accountable—all while honoring the memory of your loved one.
In Utah, the general statute of limitations for wrongful death claims is two years from the date of the death. However, there can be exceptions—shorter or longer timelines may apply in certain cases (such as government-related incidents). Consulting an attorney promptly will help ensure you don’t miss critical deadlines.
Yes, Utah law allows for a survival action if the deceased had a personal injury claim before passing away. This action covers damages such as the deceased’s pain and suffering or medical bills incurred before death. Meanwhile, the wrongful death claim focuses on the losses suffered by the surviving family members (like funeral expenses or loss of financial support). These claims can proceed simultaneously, but they serve distinct purposes
Families can seek compensation for a range of losses, including medical expenses, funeral costs, lost wages, pain and suffering, and loss of companionship. In some cases involving extremely reckless or malicious conduct, punitive damages might also be pursued.
No. Many wrongful death claims settle out of court once both sides understand the strength of the evidence and negotiate a fair compensation amount. However, if a defendant or their insurer refuses a reasonable settlement, a court trial may be necessary.
Flickinger Boulton Robson Weeks generally works on a contingency fee basis for wrongful death matters. This means you won’t pay attorney fees unless we recover compensation on your behalf. The percentage is agreed upon upfront and is taken from the final settlement or court award.
If you’ve lost a loved one due to someone else’s negligence in Provo, you shouldn’t have to shoulder the burden of mounting expenses, legal hurdles, and emotional distress on your own. Flickinger Boulton Robson Weeks is here to provide comprehensive support, from investigating your case thoroughly to advocating assertively for your family’s right to compensation.
Don’t wait until deadlines pass or evidence disappears. Contact our Provo wrongful death lawyers today at (801) 500-4000 to schedule a free consultation. We’ll take the time to listen to your story, explain your legal options in simple, clear terms, and begin the process of seeking justice for your family.
While nothing can replace your loved one, holding the responsible parties accountable can provide a measure of closure and financial stability during this difficult season.
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