Understanding the Legal Process of a Wrongful Death Claim

Wrongful death cases require careful adherence to legal procedures and deadlines. For guidance through this process, call Flickinger Boulton Robson Weeks at (801) 500-4000 and let us help you navigate this complex process.

Losing a loved one suddenly is heartbreaking. It’s even harder when their death was caused by someone else’s carelessness. You might feel stuck between grieving and worrying about money, your children’s future, or what to do next. The idea of taking legal action can feel overwhelming, especially if you’ve never dealt with courts or insurance companies before.

These worries can make your grief even heavier. You might wonder if anyone will truly be held responsible or if the legal process will take too long, leaving you struggling to pay bills or find closure. But you don’t have to go through this alone.

Filing a wrongful death claim can help cover funeral costs, lost income, and any medical bills from before your loved one passed. More importantly, it can help your family find justice and peace.

At Flickinger Boulton Robson Weeks, we’ve helped many grieving families win their cases, including a $5 million payout and a $1.8 million settlement. While no amount of money can replace your loved one, getting the financial relief you need can reduce stress and help you move forward.

Steps Involved in Filing a Wrongful Death Lawsuit

Wrongful death claims generally follow a structured sequence. Grasping these stages allows you to plan and avoid surprises:

Identify Proper Parties

Under Utah law, certain relatives can bring a wrongful death claim. Usually, the spouse, children, or parents of the deceased are allowed to file. If needed, the personal representative of the estate might also bring the case on behalf of all heirs. Determining the correct individuals to act on behalf of the deceased is crucial at the outset.

Consult an Attorney

Once you understand who is eligible to file, meet with a lawyer experienced in wrongful death. They will review police reports, medical records, and your description of events, then explain your case’s viability and probable challenges. This consultation also clarifies the types of compensation you might recover, like medical costs or lost wages.

Initial Filing

Your lawyer then drafts and files a complaint in the appropriate Utah court, detailing how negligence caused the fatal injury. The defendant receives official notice and must respond by a set deadline. This step formally starts the legal process.

Discovery and Negotiation

After filing, both sides gather evidence. You may exchange documents, answer written questions, and participate in depositions. Sometimes, the defendant’s insurer will propose settlement talks. A skilled attorney helps you weigh offers against the full extent of your losses.

Potential Trial

If settlement attempts fail, the case proceeds to trial. Your lawyer presents evidence and arguments to a judge or jury, who decides on fault and damage awards. This outcome, if favorable, can provide a measure of financial stability and sense of justice for your family.

Gathering Evidence to Support the Claim

Evidence collection is essential in proving the defendant’s liability. While each wrongful death case involves unique circumstances, the following evidence types commonly arise:

Medical Records and Autopsy Reports

If your loved one underwent medical treatment for injuries or illness leading up to their death, hospital records can show how the injuries were sustained and outline the treatment path. An autopsy might reveal the direct cause of death, especially in a situation where there is conflicting or unclear information.

These reports link negligence, such as poor workplace safety or distracted driving, to the fatal outcome.

Accident or Incident Reports

In a car crash, a police report may mention speeding, texting, or other reckless behavior. In a workplace accident, official reports describe safety failures.

These records provide initial insight into liability and often include observations from law enforcement or managers. Gathering these promptly helps prevent any last-minute confusion about how or why the fatal injury happened.

Witness Testimonies

Finding people who saw what happened or know what led up to it can be very helpful. For example, if a coworker on a construction site says the boss ignored safety warnings, it supports your case.

Sometimes, people who were just passing by or watching the event happen can provide neutral and honest accounts of what caused the accident.

Expert Opinions

Experts can explain things in more detail that a regular witness might not know. Accident experts can recreate what happened in a crash or dangerous event.

Medical experts can show how the injuries caused the death or how a doctor’s mistake made the situation worse. Economists can figure out how much money your family might lose because of the death, helping show the financial impact on your family’s future.

Records of Previous Issues

If the person or company you’re suing has a history of problems, like breaking safety rules or having previous traffic offenses, your lawyer can ask for these records. Showing that this wasn’t the first problem helps prove that the incident was avoidable and happened because of neglect.

Documentation of Damages

It’s important to keep records of costs like funeral expenses, lost wages, and medical bills for family members who need therapy because of the loss. These documents help show the true cost of what you’ve lost, which supports your request for financial compensation.

Collecting strong evidence is key to a wrongful death case. While you grieve, your lawyer can handle gathering this information, talking to witnesses, and consulting experts. This way, you won’t have to deal with everything on your own. Having solid evidence gives you a better chance in negotiations or court, improving your chances of getting fair compensation.

Negotiating with Insurance Companies and Opposing Parties

Negotiating in a wrongful death case can be emotionally trying. Your family’s financial future is on the line, so it’s important to approach these talks calmly and with confidence. Here’s a simple look at how these negotiations usually go:

First Contact with Insurance Companies

After a fatal accident, the insurance companies usually get in touch. This could be the insurance for a trucking company if the accident involved one of their vehicles, or the insurance for the property owner if it’s a slip-and-fall situation.

At first, they may sound sympathetic, but they’re really trying to get information that could help reduce how much they have to pay. It’s best to only share basic facts with them.

Demand Letter

Next, your lawyer will send a letter explaining why the other party is responsible, the losses you’ve faced (like funeral costs or lost wages), and how much your family is asking for in compensation. This letter starts the formal negotiations. Having strong evidence to support your claims is key. If the details aren’t clear, the insurance company might not offer much.

Handling Counteroffers

Insurance companies will often come back with a much lower offer. They might argue that your loved one was partly to blame, or that your request is too high. The back-and-forth can test your patience.

If the offer isn’t good enough, your lawyer might respond with more evidence, or even threaten to take the case to court. Lawyers with experience in big settlements can often get better offers because insurance companies know they might have to fight in court.

What Might Be Disputed

Some of the things that could be argued about include:

• Whether the victim had any part in causing the accident
• The full amount of financial losses, like future lost income or emotional suffering (for example, the effect on the victim’s children)
• Disagreements over medical or coroner reports about the cause of death

Strategy

Your lawyer’s job is to be firm, but still open to reasonable compromises. They’ll also make sure that emotional factors, like the heartbreak and future needs of your family, aren’t forgotten.

Sometimes, they might bring up past cases with similar facts to push for a higher amount, or they may highlight serious mistakes by the defendant to show why your family deserves more.

Deciding to Sue

If talks stop moving forward, the next step is deciding whether to file a lawsuit. Just filing the case can let the insurance companies know that you are serious about securing fair compensation. In some cases, the insurance company will settle after the lawsuit is filed because of this reason. If they still refuse, a judge or jury will make the final decision.

Outcome

The negotiation process can take weeks or even months. A skilled lawyer who knows how insurance companies work can help protect you from being pushed into an unfair deal. Getting a fair settlement can provide your family with financial relief and some recognition of your grief.

What to Expect During Litigation and Trial

If your wrongful death claim does not settle through negotiations, taking the case to court becomes the logical next step. While the word litigation sounds intimidating, knowing what usually happens can remove some anxiety:

Filing the Lawsuit

Your lawyer prepares and files a formal complaint in the appropriate Utah civil court. This document states what happened, why the defendant is liable, and the damages sought. The defendant then submits an answer, where they may accept some facts or deny responsibility.

Discovery

Discovery is a critical phase involving information exchange. Each side requests documents, answers written questions (called interrogatories), and may take depositions of witnesses or experts under oath.

If your loved one’s death involved a car accident, depositions might include investigating officers or reconstruction specialists. This phase can feel time-consuming, but it lays the foundation for each side’s arguments.

Motions and Hearings

Lawyers may file motions asking the judge to rule on certain legal issues. For example, a defendant might seek dismissal if they believe the claim lacks merit, or you might file a motion to compel the defendant to produce specific records.

Court hearings determine these procedural points. While not every hearing is dramatic, each shapes the final scope of evidence or arguments allowed at trial.

Settlement Discussions Continue

Litigation does not halt negotiation. Often, as evidence mounts, one side realizes they face significant liability or finds an opening to compromise. Mediation is common, where a neutral party tries to guide both sides toward a settlement.

Many wrongful death suits settle at this stage, sparing everyone the time and unpredictability of a trial.

Trial

If no settlement emerges, trial commences. Each party presents arguments, calls witnesses, and cross-examines the opposing side’s witnesses. Experts testify on matters like medical causation or financial harm.

The judge or jury then decides whether the defendant is liable and how much the damages should be. While going to trial can seem stressful, a thoroughly prepared case can persuade jurors to award compensation reflecting the full measure of your loss.

Potential Appeals

If the defendant disagrees with the verdict, they might appeal to a higher court. Appeals focus on legal errors rather than re-arguing evidence, which adds more time to the process. However, many cases end after the initial verdict if the judge or jury’s decision is strong.

Though litigation and trial can be lengthy, each step is designed to give a structured method for resolving serious disputes. A wrongful death claim is no small matter, and the court process ensures everyone’s rights are protected. A well-prepared lawyer handles these steps so you can concentrate on healing and family matters rather than being mired in legal complexities.

Contact a West Valley City Wrongful Death Lawyer

You do not have to face legal hurdles alone when tragedy strikes. At Flickinger Boulton Robson Weeks, we understand the emotional toll a wrongful death inflicts and offer compassionate, strategic support. We are ready to investigate what happened, collect all necessary evidence, and advocate tirelessly for financial relief that can help preserve your family’s future.

Call (801) 500-4000 to schedule a free consultation. Let us guide you through every step, from gathering evidence to negotiating settlements or, if needed, proceeding to trial. We aim to help you find both justice and the resources you need to rebuild your future.