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Wrongful Death

Wrongful Death

Table of Contents

The Grief after a Wrongful Death

CAN BE CRIPPLING

Losing a loved one is a horrible experience no matter the circumstances. To then find out that their death could have been prevented can be devastating. 
If you have lost a loved one due to negligence, you have rights….

WRONGFUL DEATH ATTORNEY

WE CAN HELP YOU TAKE ACTION
At Flickinger Boulton Robson Weeks, we understand that nothing can erase the pain of losing someone you love.
However, a wrongful death lawsuit can help you hold those responsible accountable for their actions. You can also receive financial compensation to help you deal with the aftermath.
Our compassionate wrongful death attorneys have been fighting for Utah citizens since 1993.
We can help you understand your rights and how to take action against those responsible

If you have lost someone you love, you likely have many questions about what to do next…

GET THE HELP YOU NEED

Our attorneys can investigate your case and determine if you have the right to pursue a wrongful death lawsuit. We can also connect you with resources to help make this difficult time more manageable.

Three Things You Can Do

AFTER THE WRONGFUL DEATH OF A LOVED ONE

Take Your Time

The aftermath of a serious loss can be incredibly overwhelming. Try not to make any difficult decisions or sign any compensation agreements until you have a chance to sort through what has happened. Take things slowly until you are sure about what you want to do.

Talk To Your Insurance Company

While it is important to be cautious of signing any agreements, you will need to inform your insurance company if you want to file a wrongful death claim. They will likely ask for a recorded statement of what happened. Do not record anything for the at-fault party’s insurance company until you speak to an attorney.

Contact an Attorney

Speaking to a personal injury attorney early in the process can help you find out if you have a solid claim. Flickinger Boulton Robson Weeks offers free case evaluations to allow you to explore your rights. We can also coordinate with your insurance company to ensure you are treated fairly.

So how do you know if you can sue?

Understanding Your Options

THE ELEMENTS OF A WRONGFUL DEATH LAWSUIT
Under Utah law, any surviving heir can sue for damages in the event of a wrongful death. Heirs include adoptive or biological children, parents, and spouses.
However, for you to have a solid case, the following elements must be present:

The death of a human being


Another person’s negligence or intent to cause harm


Surviving family members who have suffered monetary injury as a result


A representative of the deceased’s estate


As with any personal injury case, negligence can be difficult to prove
At Flickinger Boulton Robson Weeks, our attorneys have been representing clients in wrongful death suits since 1993.
We can investigate your case and determine who was really at fault for the loss of your loved one. 

Common Causes of Wrongful Death

Medical Malpractice

When a medical professional <strong>fails to provide a proper standard of care</strong> and a death results, you have the right to pursue a lawsuit.

Motor Vehicle Accidents

Accidents involving automobiles or airplanes can have catastrophic effects. If an accident caused the death of a loved one, you may be able to sue another driver, the car manufacturer, or another responsible party.

Hazardous Conditions at Work

If your loved one died due an accident at work or exposure to a harmful substance, we can help you determine if an individual or organization was responsible for their death and build a case against them.

Violence

If someone intentionally kills your loved one, you can pursue a civil lawsuit in addition to any criminal charges brought against that individual by the state of Utah.

Negligent Supervision

If your loved one died during a supervised activity, negligence may be to blame. You may have the ability to file a lawsuit against the individual who was responsible for supervising the activity.

Collecting Compensation

CAN OFFER MUCH-NEEDED RELIEF
The law cannot replace your loved one. All a judge can do is award “damages” or financial compensation.
While it may seem cold to seek money after the loss of a loved one, a wrongful death lawsuit can be a way to honor them and protect others from suffering the way you have.
It can also provide relief from expenses, including funeral and burial costs. 
At Flickinger Boulton Robson Weeks, we will always fight for the maximum compensation possible in your case. However, we also strive to personalize our methods to your preferences.
Whether you wish to aggressively pursue compensation in court or seek a quick settlement, we are here for you.

COMMON DAMAGES AWARDED FOR WRONGFUL DEATH CASES INCLUDE:

Survival Claim

A serious accident or illness can cause extensive pain and suffering. The judge may award compensation for the suffering the deceased person experienced as a result of the injury which caused their death.

Medical Costs

If your loved one incurred medical costs prior to death as a result of the injury, you may be able to collect compensation to help repay them.

Funeral and Burial Costs

The cost of a funeral and burial can be significant. This type of damage is intended to cover the costs of mourning and burying your lost loved one.

Loss of Income

For many families, losing a member can mean a massive difference in their financial stability. The court may calculate the expected income of the deceased individual as part of the awarded damages.

Loss of Consortium

When an individual dies, their loved ones lose a source of care, guidance, love, and companionship. Often referred to as loss of consortium, this type of damage is meant to provide some relief for this terrible loss.

You Do Not Have to Wait

FOR THE RESULTS OF A CRIMINAL CASE
While a criminal case may offer some level of justice for your loss, it cannot provide for your financial stability. You can file a wrongful death lawsuit even if there is a criminal case in progress.
You can also pursue a civil suit if the individual responsible for your loss is not found guiltyin court.
Wrongful death lawsuits are subject to a much lower standard of proof than criminal proceedings. 

UNDERSTANDING THE DIFFERENCE

We Can Provide Support

DURING A DIFFICULT TIME

We recognize how difficult it is to consider pursuing a lawsuit after the tragic death of a loved one.
However, receiving compensation can make a major difference in your ability to recover after this type of loss.
Our firm has been representing Utah citizens in personal injury cases for over 25 years.
We focus on providing attentive, personalized legal services and protecting the rights of our clients.
There are no upfront fees for hiring one of our attorneys and we do not collect fees unless you win your case.
Schedule a consultation online today or call our Provo office at (801) 500-4000 today to learn more about your legal options.