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West Valley City Wrongful Death Lawyer

The death of a loved one due to someone else’s negligence is a pain no family should endure. Contact Flickinger Boulton Robson Weeks at (801) 500-4000 to find out how to pursue fair compensation.

Losing a loved one is one of the hardest things anyone can go through. In West Valley City, where families enjoy friendly neighborhoods, convenient shopping, and community events, an unexpected death caused by someone else’s carelessness can feel overwhelming.

 

 

You may struggle to afford funeral costs and worry about paying monthly bills without your loved one’s income. At the same time, the idea of taking legal action might feel like too much to handle.

These challenges can take a serious toll on your mental health.

But there is hope. A wrongful death claim can provide financial support to cover funeral expenses, lost future income, and other needs. Flickinger Boulton Robson Weeks offers caring legal help to families in West Valley City who have been faced with the unnecessary and unexpected loss of a loved one due to neligence.

We are here to guide you through the legal process so you can focus on healing. Our attorneys have secured multiple settlements well over a million dollars for families who have endured a wrongful death, and we want to help you too.

Common Causes of Wrongful Death

If a loved one dies because someone was careless or did something wrong, their family may be able to file a wrongful death lawsuit. This means they can take legal action to hold the person responsible and get money to help with their loss.

Wrongful death cases can happen for many reasons. Some common ones include medical mistakes, car crashes, accidents at work, dog attacks, crimes, and unsafe places. Let’s dive into these common causes.

Medical Malpractice

West Valley City has many medical facilities, including hospitals, urgent care centers, and specialized clinics. While doctorrs, nurses, and support staff work hard to help patients, medical mistakes still happen. Some errors can be so severe that they lead to a patient’s untimely death.

Examples of medical malpractice that can cause wrongful death include:

  • Misdiagnosis or Delayed Diagnosis: A doctor may fail to diagnose a life-threatening illness, like cancer or a heart condition, in time for proper treatment. This delay can lead to preventable death.
  • Surgical Errors: A surgeon might operate on the wrong body part, leave medical instruments inside a patient, or make critical mistakes that lead to deadly complications.
  • Medication Mistakes: A doctor might prescribe the wrong drug, or a pharmacist may fill the wrong prescription, causing harmful reactions or overdoses.
  • Birth Injuries: Errors during childbirth can lead to the death of a baby or mother.
  • Anesthesia Errors: Giving a patient too much anesthesia or failing to monitor their breathing can result in brain damage or death.

To prove wrongful death in a medical malpractice case, families often need medical records, expert testimony, and hospital documentation to show that the healthcare provider failed to meet the standard of care. Your West Valley City wrongful death lawyer can help you gather this evidence to build a strong case.

Car Accidents

Car accidents are one of the most common causes of wrongful death in Utah. Speeding, distracted driving, reckless driving, and driving under the influence put lives at risk every day.

Wrongful death claims related to car accidents often involve:

  • Drunk Driving: A driver who chooses to drink and drive puts everyone in danger. If their reckless actions cause a fatal crash, they can be held responsible.
  • Texting While Driving: Using a phone while driving takes a driver’s eyes off the road and hands off the wheel. Even a few seconds of distraction can cause a fatal accident.
  • Speeding and Reckless Driving: Some drivers ignore speed limits, weave through traffic, or run red lights, increasing the risk of deadly crashes.
  • Defective Vehicle Parts: Sometimes, the car manufacturer is to blame for a crash, especially if faulty brakes, airbags, or tires contributed to the accident.

After a fatal car crash, police reports, traffic camera footage, and witness testimonies can be key evidence in proving wrongful death.

Workplace Accidents

Some jobs come with higher risks, especially in industries like construction, manufacturing, and transportation. However, even office jobs can have hazards that lead to fatal accidents.

Common workplace causes of wrongful death include:

  • Falls from Heights: Construction workers who fall from scaffolding or ladders may suffer fatal injuries, especially if safety gear is missing.
  • Equipment Malfunctions: Faulty machinery or tools can cause electrocution, crushing injuries, or deadly accidents.
  • Toxic Exposure: Long-term exposure to dangerous chemicals in certain workplaces can lead to fatal illnesses like lung disease or cancer.
  • Fires and Explosions: Poor safety measures in factories or industrial sites can result in deadly explosions.

If a worker dies due to employer negligence, their family may be able to file a wrongful death claim beyond workers’ compensation. In some cases, a third party, like a subcontractor or equipment manufacturer, may also be liable.

 

 

Dog Bites and Animal Attacks

While most dogs are friendly, sometimes pets and other animals can become aggressive and cause fatal injuries, especially to children or the elderly.

A wrongful death from a dog attack might happen if:

  • A large, aggressive dog attacks a small child
  • A person suffers deadly infections or complications after a dog bite
  • A dog knocks someone down, leading to fatal head trauma

Utah law holds dog owners responsible for injuries their pets cause. If a dog owner fails to control their pet and a fatal attack occurs, the family may have the right to file a wrongful death lawsuit.

Criminal Acts

Sometimes, wrongful deaths happen because of intentional acts, such as assault, shootings, stabbings, or other violent crimes. Even if the criminal is facing criminal charges, the victim’s family may still have the right to file a wrongful death lawsuit in civil court.

For example, suppose a person is killed during an armed robbery. While the suspect faces murder charges in criminal court, the victim’s family can file a wrongful death claim to seek financial compensation for their loss.

A criminal conviction is not required to win a wrongful death lawsuit. Families can still pursue compensation by proving the person or entity was responsible for the death.

Unsafe Property Conditions

Property owners have a legal duty to keep their spaces safe for visitors. If someone dies due to unsafe conditions, the owner may be held responsible.

Common premises liability cases that lead to wrongful death include:

  • Slip and Fall Accidents: A person falls on a wet floor, broken staircase, or icy sidewalk and suffers fatal head trauma.
  • Poor Security Measures: If a business fails to provide proper security in high-crime areas, they might be liable for criminal attacks on their property.
  • Swimming Pool Accidents: If a pool lacks proper fencing or safety measures, the owner can be held responsible if someone drowns.

Utah’s Wrongful Death Laws and Who Can File a Claim

If someone’s life is taken because of another person’s carelessness, Utah law allows their close family members to seek compensation for their emotional and financial losses. This is similar to a personal injury case, but since the injured person has passed away, their family takes legal action instead.

Usually, the people who can file a wrongful death claim include the person’s spouse, children, or parents. If the person had no spouse or children, their parents may file the claim. If there are no immediate family members, certain other relatives or the person handling the estate might be able to take legal action.

 

 

Statute of Limitations for Wrongful Death Cases in Utah

In Utah, you have up to two years from the date of a person’s death to file a wrongful death lawsuit. If you miss this deadline, you usually lose the right to take legal action. This rule exists because filing a claim on time ensures that the courts in West Valley City take on cases while evidence is still fresh and witnesses can remember details clearly.

Consulting a West Valley City attorney soon after your loved one’s death helps protect your ability to file on time. Waiting may complicate matters if essential evidence disappears or if an insurer tries to argue the statute of limitations has run out.

By taking quick action, you stand a stronger chance of obtaining the compensation your family needs for burial expenses and financial stability, all while holding the at-fault party accountable.

Proving Negligence in a Wrongful Death Case

Negligence is key to establishing fault in a wrongful death suit. You must demonstrate that the defendant owed the deceased a duty of care, breached that duty, and directly caused the death, resulting in tangible losses for survivors. Gathering the correct evidence to establish the elements of negligence is crucial in any wrongful death case.

Duty of Care

Individuals or entities have a legal obligation to avoid harming others. For example, doctors must follow professional standards, and drivers must abide by traffic laws. Proving duty is usually straightforward in wrongful death cases: motorists have a duty to drive safely, for instance, or a property owner has a duty to maintain safe premises.

Breach of Duty

Next, you must show how that duty was violated. This might involve showing the driver ran a red light or a doctor misread lab results. Photographs, expert statements, or official reports can highlight the defendant’s careless or reckless act.

Causation

Even with a breach, there must be a direct link to the death. If a driver was texting but the death occurred due to an unrelated mechanical failure, the texting might not be the true cause. Medical records or testimony from coroner or forensic experts can clarify how exactly the breach brought about the fatal injuries.

Damages

Finally, verifying the family’s losses, like funeral bills, lost income, and emotional suffering, solidifies the claim. Thorough documentation underscores the severity of the aftermath and ensures the full scope of harm is considered in any settlement or verdict.

 

 

Compensation Available for Families in Wrongful Death Cases

When a loved one dies due to someone else’s actions, their family may be entitled to financial compensation. While no amount of money can bring them back, it can help cover expenses, replace lost income, and acknowledge the emotional pain. Below are the main types of compensation available:

Medical Bills and Funeral Costs

If your loved one received medical treatment before passing, you may be left with expensive hospital bills. You can include these costs in your claim, along with funeral and burial or cremation expenses. These bills can be overwhelming, especially when unexpected. Compensation from an insurance settlement or court case can help ease this burden.

Lost Income and Financial Support

Losing a loved one can be financially devastating, especially if they were the primary provider. Compensation can cover the wages they would have earned if they were still alive.

Courts and insurance companies consider factors like the person’s age, job, future career potential, and how many people depended on their income. Sometimes, financial experts estimate the long-term impact of lost earnings to ensure families are financially supported.

Emotional Pain and Suffering

Families suffer deep emotional pain when they lose someone. Children lose a parent’s love, guidance, and support. A spouse may feel overwhelming grief.

Even though emotional pain isn’t something you can measure with a price tag, the law recognizes its impact. Compensation for lost companionship and emotional trauma can help cover therapy or other support services as you adjust to life without your loved one.

Loss of Spousal Relationship (Loss of Consortium)

A spouse may file for “loss of consortium,” which refers to how the relationship has changed due to the loss. This includes the loss of emotional support, intimacy, and the comfort of having a partner.

Loss of Future Inheritance

In some cases, courts may consider the inheritance that family members would have received if the deceased had lived longer and continued working and saving. While less common, this type of compensation acknowledges how wrongful death can impact a family’s future financial security.

Punitive Damages

In rare cases, the court may award punitive damages if the person responsible acted with extreme recklessness or malice. These damages are not just to compensate the family but to punish the wrongdoer and prevent similar behavior in the future.

How to Get the Compensation You Deserve

To receive full compensation, families need to provide evidence for each type of damage. This can include medical bills, financial records, expert testimony on lost income, or statements from therapists about emotional distress.

Working with a wrongful death lawyer in West Valley City helps to ensure you get all the compensation you’re entitled to. A lawyer will gather the necessary evidence and help you fight for a fair settlement or verdict that reflects the true impact of your loss.

 

 

How Our Firm Supports Families Through Wrongful Death Claims in West Valley City

Flickinger Boulton Robson Weeks recognizes that navigating a wrongful death suit can feel overwhelming during a period of immense sorrow. Beyond legal steps, we place high priority on providing compassion, clear communication, and steadfast advocacy. Here are ways our team supports families:

Listening with Empathy

Our initial meetings are not just about facts. We ask how the loss affects your emotional well-being, finances, and day to day responsibilities. Understanding your personal challenges helps us shape an approach that resonates with your priorities, whether that means resolving the case swiftly or ensuring a public acknowledgment of the defendant’s negligence.

Thorough Investigation

Building a solid case often begins with analyzing the events that led to your loved one’s passing. Our attorneys gather all relevant records, from police or incident reports to medical analyses or workplace logs. We speak with witnesses and experts as needed.

If a car crash caused the death, we might request black box data from the vehicles involved or reconstruct the accident scene to pinpoint how the defendant was negligent.

Negotiating with Insurers

Insurance carriers frequently offer initial settlements that fail to reflect the magnitude of your family’s loss. In most cases, you should not accept this initial offer. Our firm handles these negotiations to make sure you get a fair offer that adequately addresses the needs of your family now and in the future. We use factual data and well-documented losses to challenge unfair proposals.

If the insurer tries to argue partial fault or denies liability entirely, we present eyewitness accounts, medical evidence, or other proof that firmly places blame on the negligent party. Our track record of multi-million-dollar settlements demonstrates our readiness to push for meaningful results.

Preparing for Litigation

Though many wrongful death cases settle out of court, we are always prepared to take a claim before a judge or jury if necessary. We collaborate with financial experts to calculate lost future earnings or intangible impacts on children’s well-being. We coordinate with professional witnesses, such as accident reconstruction experts or medical specialists, to bolster your arguments. This meticulous preparation ensures we are fully equipped if trial becomes the best route for fair compensation.

Personalized Client Care

From your first consultation to the day your case resolves, we keep you informed. We return calls promptly and offer guidance that respects your emotional state.

Each of our attorneys, from founding partner Mark T. Flickinger to personal injury specialists like Brett R. Boulton, invests deeply in every case. We are not merely your legal team. We are also an empathetic resource, helping you handle practical concerns so you can focus on mourning and healing.

Post-Resolution Assistance

Even after a settlement or verdict, new questions sometimes arise. Perhaps you need assistance allocating funds for your children or clarifying how the payment might affect certain benefits. We remain available to help you navigate these post-claim issues.

At each step, our goal is to lift the burdens of legal complexities and help you find a measure of closure, knowing your loved one’s death did not go unanswered. Through careful evidence gathering, skilled negotiation, and unwavering dedication, Flickinger Boulton Robson Weeks seeks an outcome that prioritizes your family’s well-being and future.

 

 

Frequently Asked Questions About Wrongful Death Claims in West Valley City

If your loved one passed away because of another person or entity’s negligence or intentional act, and your family sustained financial or emotional damage, you likely have grounds for a wrongful death claim. An attorney can assess the details, ensuring the connection between the at-fault party’s conduct and your loved one’s death is clearly proven.

Under Utah law, the right to file typically belongs to the deceased’s spouse, children, or parents. If none exist, other relatives might qualify under specific conditions. You can also file through the estate’s personal representative on behalf of all heirs.

Some claims resolve through negotiated settlements in a few months, especially if liability is clear. More complicated lawsuits might extend over a year if litigation is needed. Delays can arise from disputed fault, multiple defendants, or large-scale insurance battles.

Many wrongful death claims end through settlements, but if the defendant’s offer is inadequate, your lawyer may recommend taking the case to trial to pursue fair compensation.

Contact a West Valley City Wrongful Death Lawyer

If you have lost a family member due to someone else’s recklessness or negligence, Flickinger Boulton Robson Weeks is here to help with empathy, experience and skill.

We understand the heartache and confusion you are coping with, from planning a funeral to figuring out how your family will manage finances moving forward.

You can call right now (801) 500-4000 to arrange a no-cost consultation. We will listen to what happened, gather any initial evidence you have, and explain how Utah law applies to your situation. As you focus on caring for loved ones and finding ways to heal, we handle negotiations with insurers, assemble expert testimony, and if necessary, prepare for court.

Our mission is to secure fair compensation so that the injustice you have experienced does not plunge you into financial distress as well. Reach out today. Let us be the partner who stands by you and your family in these difficult circumstances.

Call today for a free consultation!

What Type of Vehicles WERE INVOLVED?

Accidents involving different types of vehicles are handled differently. For example, an accident involving a UTA bus may be much more complex than a single-car accident.

At Flickinger • Boulton • Robson • Weeks, we can help with any type of motor vehicle accident, including:

Bicycle

Bicycle Accidents

Motorcycle

Motorcycle Accidents

Boat

Boating Accidents

RV or Camper

Recreational Vehicle Accidents

Bus

Bus and Mass Transit Accidents

Pedestrian

Pedestrian Accidents

Car

Automobile Accidents

ATV or UTV

ATV or UTV Rollovers

Commercial Vehicle

Commercial Vehicle Accidents

Semi Truck

Semi Truck and Trailer Accidents

OUR HEROES

“When there has been a serious auto accident and all you can do is concentrate on getting your critically injured family member well again, you need someone who will have your back. That someone is Mark Flickinger. He is qualified, capable, confident and will fight for your best interests. His staff are supreme and articulate. Together they made our lives good again and will always be our heroes.”
– Karen S.