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!
Wrongful Death Claims: What You Need to Know
Wrongful death claims are for individuals who have lost a loved one due to someone else’s negligence or misconduct. Wrongful death claims compensate the survivors of the deceased for things like lost companionship, lost wages, funeral expenses, medical bills, and more. Wrongful death claims are generally limited to the immediate or close extended family of the deceased to prevent distant relatives from profiting from their death. There are laws in place to prevent the abuse of wrongful death claims. But there are also laws to ensure that compensation is provided for those who need and deserve it. Today’s blog is about wrongful death claims. Keep reading to learn everything you need to know. Who Can File A Wrongful Death Claim? Wrongful death claims are limited to a select number of people. You must be a close relative to the individual and have been directly affected by their death to be able to file a wrongful death claim. Each state sets the statutes for wrongful death and is usually for widows and orphans, the ones most affected by the death. Having been friends in college, close friends, or even co-workers isn’t enough to file a wrongful death claim on behalf of the deceased. These laws are in place to prevent anyone from unethically taking advantage of a person’s death. Each state will limit how much the recipients can receive, which is another reason why states limit the recipients and amounts of wrongful death claims. When Wrongful Death Applies Wrongful deaths only apply to specific circumstances, which you must prove with hard evidence. Murder, medical malpractice, and auto accidents are the most common types of wrongful deaths that you can sue over. Here’s more detail on each kind of wrongful death. Murder Intentionally killing another person is murder, and it most certainly qualifies for wrongful death. Murder is more complicated since the murderer/defendant will be criminally charged and prosecuted. A wrongful death claim would be in addition to the criminal charges but would occur in civil court. It’s possible to have both criminal and civil charges against you at the same time. Medical Malpractice Doctors have legal and ethical duties to their patients. It’s a doctor’s job to test and diagnose their patients correctly. If a doctor lacks the expertise to diagnose or treat a patient properly, they have the ethical responsibility to refer the patient to a skilled doctor. As long as a doctor follows all their ethical and legal obligations, they are fine. But should a doctor fail to and that patient dies as a direct result, they are guilty of medical malpractice and can be sued for wrongful death. Doctors carry medical malpractice insurance to protect themselves from lawsuits like this. Some cases don’t meet the criteria for medical malpractice, but if you win the lawsuit, your compensation will likely come from their malpractice insurance. Auto Accidents Many auto accidents result in wrongful death claims, but not every case is won. There must be proof that the driver engaged in negligent behavior while driving. Evidence that they were using their phone or were under the influence of alcohol is enough to file a wrongful death claim. How Wrongful Death Claims Work To file a wrongful death claim, you must have sufficient evidence. That evidence must include the following: Someone’s negligence or harmful intent caused the individual’s death. The person’s death costs the family money. A personal representative must be in charge of the deceased’s property. Without these three elements, you don’t have a case for wrongful death. If you don’t have enough proof, you can’t file a lawsuit, as this would waste the court’s resources. Additionally, you must file your case within the statutes of limitations. Those limitations are set individually by each state, so you’ll need to determine the time frame you have. Usually, this time frame begins at the time the person died. But, if their cause of death is what revealed wrongful death, and that cause wasn’t discovered until later on, then wrongful death would begin when the cause was found. Damages You’ll likely collect monetary damages, which cover loss of services, support, medical and funeral expenses, and loss of inheritance. You’ll also collect financial injuries, which cover any money you lost due to the person’s death. Finally, a damage award will repay your expenses and may include interest. Proving Wrongful Death It can be very challenging to prove wrongful death. All of the elements listed above must be met, and it could be hard to prove that yourself. You might need expert help in the form of an attorney. It’s also not uncommon for an expert witness to be hired to testify. Determining the Settlement Amount and Getting Paid Your settlement amount will depend on how old the person was when they died. It also depends on medical bills, funeral/burial costs, how much your pain and suffering are worth, etc. You’ll receive a check from the defendant’s insurance company for the total amount. If you’ve hired an attorney, their fees will come out of the check before the rest is yours to keep. Flickinger Sutterfield & Boulton Did you lose a family member to wrongful death? Wrongful death claims are not easy to handle on your own. There’s a lot of legalese, paperwork, and confusion involved in the process. But rest assured that you’re not alone. Flickinger Sutterfield & Boulton has been representing individuals in wrongful death claims for over 25 years. Our expert attorneys will skillfully guide you through the process, so you can receive the compensation you deserve for the wrongful loss of your loved one. Flickinger Sutterfield & Boulton is located in northern Utah with offices in West Jordan, South Jordan, Provo, Orem, and Saratoga Springs. To get started with a free case evaluation, call us at 801.921.8360, or fill out the form on our website. However you prefer to reach out, we’ll be here to help.
What Are the Legal Consequences of Hitting a Pedestrian?
Involved in a pedestrian-auto accident? Contact us today! Getting behind the wheel and driving a vehicle is a great responsibility. It requires full attention and focus on avoiding hitting other vehicles, property, and pedestrians. According to the Utah Injury Prevention Agency, more than 800 Utahns are involved in an auto-pedestrian accident and are either injured or killed each year. Continue reading to learn what to expect and potential legal consequences of hitting a pedestrian. The Legal Consequences of Hitting a Pedestrian Hitting a pedestrian with a vehicle inevitably leads to consequences. These repercussions can be minor or significant and can lead to citations, criminal charges, and, in extreme cases, a loss or suspension of driver’s licenses. Being a responsible driver means being an informed driver. Citations You can expect some kind of citation and fine if you are involved in a pedestrian-auto accident. The amount of the citation varies in range based on the cause of the accident. A penalty is likely to accrue a higher amount if you hit a pedestrian, because of negligence than if you hit a pedestrian while jaywalking. Criminal Charges A criminal charge is a formal accusation made by the government. Hitting a pedestrian can result in criminal charges. Leaving the scene of an accident or “hit and run” accidents can result in a misdemeanor, up to 90 days in prison, and significant fines in Utah. Whether the driver of the vehicle caused the crash or not, they are required by law to stop. If a pedestrian is hit by a car and killed, the driver can face manslaughter charges, a felony that can lead to long-term jail time. Criminal charges may be dropped if the driver of the vehicle that hits a pedestrian stops and takes other required steps to report the accident. Loss or Suspension of a Driver’s License Driving is a privilege, which comes with even greater responsibility. In some cases, a driver that has hit a pedestrian can have their license suspended. In these types of instances, your license becomes invalid for a certain amount of time. In more extreme cases, such as driving under the influence or purposefully hitting a pedestrian, licenses can be revoked entirely. Depending on the situation, drivers will be required to complete specific steps to have their license reinstated if allowed. Protect yourself by getting familiar with the rights and duties of drivers and pedestrians alike. Both drivers and pedestrians should know the laws and responsibilities of both parties. Of course, like all things, these laws have exceptions that may be granted. If you have been in an accident involving a vehicle and pedestrian, you should seek proper representation and should not try to handle your case alone. Contact Flickinger, Sutterfield, & Boulton Contact our lawyers right away and schedule a free consultation where we can learn about you and your case. The attorneys at Flickinger, Sutterfield, and Boulton have years of experience helping customers with auto-pedestrian accidents. Our team of experts will investigate these accidents and handle necessary communication with police, medical, and insurance contacts. The sooner you call us, the sooner we can advocate for you and reach a satisfactory resolution.
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.