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.
How Does A Wrongful Death Lawsuit Work?
Wrongful death lawsuits are filed against a defendant who has caused someone’s death due to their negligence. These claims allow the family of the deceased person to file a claim against the party who is legally liable for the death so that they can receive compensation. A representative of the deceased person’s estate must be the one who files the lawsuit on behalf of surviving family members. Continue reading to learn when wrongful death lawsuits are applicable. When Can a Person Initiate a Wrongful Death Lawsuit? A wrongful death lawsuit can be filed after situations in which the victim who would otherwise have a reasonable personal injury claim is killed due to the defendant’s negligent actions. Here are a few scenarios in which a person can file a claim: When a person dies as a result of medical malpractice: If a doctor fails to detect a disease or if they’re careless about the level of care they provide and their patient dies as a result, the victim’s family can file for a wrongful death lawsuit. When a person is murdered: For instance, OJ Simpson was sued in civil court for wrongful death. The civil lawsuits brought by the deceased people’s families were separate from the state’s case against him. Car crash fatalities involving negligence: If an individual dies due to car accident injuries, their family may be able to file a claim. These are only some examples of personal injury claims that can turn into wrongful death lawsuits. Learn more about their intricacies in today’s blog. What Do I Need to Prove to File a Wrongful Death Lawsuit? To hold a person legally responsible in a wrongful death claim, the plaintiffs (typically the estate of the deceased victim) must meet the same burden of proof that the victim would have had to prove if they had still been alive. Let’s use negligence as an example: this means proving the defendant owed the victim a duty of care. Furthermore, they must prove the defendant breached said duty of care. They must also demonstrate that said breach was either the direct or proximate cause of the death and that it caused the damages the plaintiff is attempting to recover. Who Can File a Wrongful Death Lawsuit? As we mentioned above, the deceased person’s representative of the estate can initiate the lawsuit. This person must represent the survivors who had a relationship with the victim; however, determining who those survivors vary from state to state. In every state, the deceased person’s spouse may file a wrongful death action. In other instances, the parents of minors who were killed may also bring a claim. Moreover, children can collect damages over the death of their parents. Meanwhile, in other states, the significant other of the deceased can also file a lawsuit if marriage isn’t a requirement. What Does Compensation Entail? Damages in a wrongful death case, which are the categories of losses for which a survivor might be able to receive compensation, include: The victim’s pre-death pain and suffering, also known as a survival claim Funeral costs The medical costs the deceased victim incurred as a result of injury before their death Loss of the victim’s expected income Loss of inheritance due to the death Value of services the victim would have provided Loss of guidance, care, and nurturing to children that the victim could have provided Loss of love and companionship Loss of consortium, How Much Time Do I Have to File a Lawsuit? When it comes to filing these claims, time is of the essence. Unless the rightful party files a lawsuit within the time allowed by law, any right to receive monetary compensation will be lost forever. The amount of time a plaintiff has to take action is known as the statute of limitations, which varies state by state. In Utah, a person has two years to file a claim. Flickinger Sutterfield & Boulton is Here for You Losing a family member is one of the most emotionally draining feelings you will ever experience. If you intend to receive compensation for your loss, you need to file a lawsuit as soon as possible. At Flickinger Sutterfield & Boulton, we understand you need time to recover and heal. One of our veteran personal injury attorneys can handle the wrongful death lawsuit to ensure you receive damages. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation when you’re ready.
Who Can File a Wrongful Death Lawsuit?
A wrongful death lawsuit is filed when someone is killed as a result of the negligence of another person or party. The loved ones of the deceased filed the lawsuit in order to recover damages. These damages will cover funerary expenses, emotional pain and suffering, and other financial or material hardships associated with the death. In addition, punitive damages will be sought to punish the negligent party for their actions. The attorneys at our Provo law firm would like to consider who is eligible to file these kinds of lawsuits, and why it’s important to have an attorney on your side. Who Is Eligible to File a Wrongful Death Lawsuit In the state of Utah, the following people are eligible to file a wrongful death lawsuit: The surviving spouse of the deceased The surviving adult children of the deceased The surviving birth parents of the deceased The surviving adoptive parents of the deceased Other surviving relatives of the deceased depending on Utah inheritance law In addition, personal representatives of the deceased’s estate can potentially file a wrongful death lawsuit. Why This Is the Case These laws on who is allowed to file wrongful death lawsuits help ensure that relatives and heirs of the deceased are able to seek damages. They prevent people who have no interest in the deceased and their interests from filing a lawsuit and attempting to recover damages for their own financial benefit. Are There Exceptions to These Laws? There are some exceptions to the above, but they might be rare. Sometimes the internal working of families and relations to the deceased can be complicated, and lead to a number of disagreements about who should file. In such cases, these matters can be discussed with skilled wrongful death attorneys who can help determine the best interests for various parties involved, particularly those with close ties to the deceased. Remember: File Within the Statute of Limitations In addition to restrictions on who can file a wrongful death lawsuit, there are also time limits to consider. These are known as the statute of limitations. In Utah, the statute of limitations in a wrongful death lawsuit is two years from the date of the death of a loved one; the statute of limitations is one year from the date of the death of a loved one if a government entity is responsible for the loved one’s death. Failure to file a wrongful death lawsuit within this time means that legal action cannot be pursued in the future. How Wrongful Death Lawyers Can Help You There are many complexities to consider when it comes to wrongful death litigation. One also needs to consider the emotional strain and difficulty associated with wrongful death lawsuits, and the toll it can take on a family. By working with a wrongful death attorney, you will receive the expert legal counsel you need to see you through this difficult time. Your wrongful death attorney will offer peace of mind while dealing with the complicated legal workings involved in a case, giving you and your loved ones the time and emotional space to grieve and consider the challenges of the future. Speak with Experienced Wrongful Death Attorneys For more information about your legal rights and options, be sure to contact our team of personal injury attorneys today. We will work with you and help you in your time of legal need.