Losing a loved one is an indescribable pain, particularly when their death was avoidable. Whether caused by a car accident, medical error, workplace incident, or another tragedy, the sorrow of wrongful death can be immense. Amid this sorrow, many families grapple with questions: What led to this? Who is at fault? How can we proceed?
At Flickinger Boulton Robson Weeks, we know that no legal action can ever truly make up for your loss. But a wrongful death claim can help you seek justice, hold the responsible party accountable, and ease the financial burdens that often follow a tragedy. If you’re considering legal action after losing a loved one in Utah, here’s what you need to know.
What Is Wrongful Death?
In Utah, a wrongful death occurs when someone dies because of another person’s negligence, recklessness, or intentional actions. It’s similar to a personal injury claim, except the injured person is no longer able to file it so their surviving family members may do so on their behalf.
Common causes of wrongful death include:
- Car, truck, or motorcycle accidents
- Pedestrian or bicycle collisions
- Medical malpractice
- Defective products
- Workplace accidents
- Nursing home abuse or neglect
- Criminal acts, such as assault or DUI-related crashes
If your loved one’s death was caused by someone else’s failure to act responsibly, you may have the right to file a wrongful death claim.
Who Can File a Wrongful Death Claim in Utah?
Utah law specifies who is legally allowed to bring a wrongful death lawsuit. Those who are typically eligible include:
- The deceased person’s spouse
- Adult children
- Parents (if there is no spouse or children)
- A personal representative of the estate (executor)
If none of these parties are available or willing, the court may appoint someone to handle the case. An experienced attorney can help you determine your legal standing and guide you through this process.
What Damages Can A Wrongful Death Attorney in Utah Help You Recover?
A wrongful death lawsuit seeks compensation for both economic and non-economic losses resulting from your loved one’s death. These may include:
Economic Damages:
- Medical expenses related to the injury or illness that led to death
- Funeral and burial costs
- Loss of the deceased person’s expected income and benefits
- Loss of services (e.g., childcare, home maintenance)
Non-Economic Damages:
- Pain and suffering of surviving family members
- Loss of companionship, care, and guidance
- Emotional distress
- Loss of consortium (for spouses)
In some cases, punitive damages may also be awarded, especially if the death was caused by gross negligence or intentional harm.
How Much Time Do You Have to File Your Wrongful Death Claim?
Utah’s statute of limitations for wrongful death claims is two years from the date of death. That may seem like a long time, but in the wake of such a traumatic event, time can move quickly and important evidence can disappear.
If the claim is against a government entity (like in the case of a municipal vehicle crash or hospital error), the deadline is much shorter, just one year in most cases.
That’s why it’s crucial to speak with a wrongful death attorney as soon as possible. The earlier we begin building your case, the stronger it will be.
Why You Need an Experienced Wrongful Death Lawyer in Utah
Wrongful death cases are emotionally complex and legally challenging. Insurance companies may deny liability or offer a settlement that’s far too low. The responsible party may try to shift blame or avoid accountability.
A compassionate, experienced attorney can take the weight off your shoulders by:
- Investigating the cause of death thoroughly
- Gathering medical records, witness statements, and expert testimony
- Calculating both current and future financial losses
- Handling all communication with insurance companies
- Representing your family in court if necessary
At Flickinger Boulton Robson Weeks, we treat every wrongful death case with the care and attention it deserves. We know this is deeply personal, and we’re here to fight for justice on your family’s behalf.
What to Expect During the Legal Process
Filing a wrongful death claim can feel daunting, especially during a time of grief. Here’s a general overview of what the process may look like:
- Initial Consultation: We meet with you (free of charge) to learn about your case, answer your questions, and explain your options.
- Investigation: Our team gathers evidence, speaks with experts, and determines liability.
- Filing the Claim: We formally file the lawsuit against the responsible party or their insurer.
- Negotiation: In many cases, we can secure a fair settlement without going to trial. But we prepare every case as if it will go to court, so you’re never caught off guard.
- Resolution: Whether through settlement or verdict, our goal is to secure the compensation your family needs to move forward.
We’ll be with you through every step, keeping you informed, involved, and supported throughout the process. We know this isn’t just a case; it’s your family.
Contact Flickinger Boulton Robson Weeks Team of Wrongful Death Attorneys in Utah
Wrongful death claims are never just about money. They’re about honoring the memory of your loved one and making sure their story is heard. They’re about helping your family find stability in a time of chaos. And they’re about preventing future tragedies by holding wrongdoers accountable.
You don’t have to face this alone. Let us stand with you.
If you’ve lost a loved one due to someone else’s negligence in Utah, we’re here to help you find answers and justice. Contact us at 801-500-4000 to schedule your free, confidential consultation today.
We’ll listen. We’ll explain your rights. And if you choose to move forward with us, you won’t pay a dime unless we win your case.
