Losing a loved one is traumatic under the best of circumstances. Often, the emotional turmoil comes with serious practical problems, such as loss of financial support or the loss of a partner who was the primary caretaker for your children.

If the death resulted from someone else’s negligence, surviving family members may be entitled to compensation. While a wrongful death claim won’t ease the pain of losing your loved one, it can provide a financial safety net as you recover from your loss and figure out how to move forward. 

Talk to a Salt Lake City Wrongful Death Lawyer

If you’ve lost a loved one to a car accident, medical malpractice, a defective product or in some other way that was someone else’s fault, your next step should be to talk to an experienced wrongful death lawyer in Salt Lake City. 

At AVS, we know what’s at stake when you’ve lost a loved one to someone else’s negligence. We know how difficult and confusing the time following your loss can be, and how important it is for you to have knowledgeable guidance right away. You can schedule a free consultation with a Salt Lake City lawyer right now–just call 801-876-7771 or fill out our contact form. 

Our attorneys are committed to achieving the best possible result for you, whether that means negotiating a fair settlement or taking your wrongful death case to trial. 

Proving Liability in a Salt Lake City Wrongful Death Case

Proving liability in a wrongful death case is very much like proving liability in an injury case. In most cases, the plaintiff must show that the defendant caused the injury that led to the death negligently or intentionally. However, the standard for negligence is slightly different in different types of cases. 

For example: 

• After a car accident death, the family will have to show that the responsible driver failed to exercise due care for the safety of others on the road
• After a slip and fall death, the family will have to show that the property owner failed to live up to their duty of care, which varies depending on the reason the deceased was on the property
• After a death caused by a defective product, the family will have to show that a defect in the product caused the death, but will generally not have to prove that the manufacturer was negligent

The best way to determine who may be legally responsible for the death of your loved one and what type of evidence will be required to prove the case is to talk to an experienced wrongful death lawyer in Salt Lake City as soon after the accident as possible. In some cases, there may be more than one responsible party.

Who Can File a Wrongful Death Claim in Utah? 

In a Utah wrongful death case, there are two different issues: who can file the wrongful death suit and who benefits from any settlement or verdict. 

Utah law allows a wrongful death claim to be filed by: 

• The heirs of the deceased, or
• The personal representative of the deceased’s estate, or
• The deceased’s guardian, if they were under guardianship at the time of their death

Regardless of who files the claim, the claim is filed on behalf of the heirs. 

Who Can Collect Damages for Wrongful Death? 

The Utah wrongful death statute specifies the heirs who can collect damages in a wrongful death case: 

• The surviving spouse
• Children of the deceased
• Parents of the deceased
• Stepchildren of the deceased who are under 18 and received support from or resided with the deceased (including part-time)

Other blood relatives may receive damages in a wrongful death case, but only if there are no surviving relatives among the categories listed above. 

How a Salt Lake City Wrongful Death Lawyer Can Help With Damages

Many states limit the specific types of damages that may be awarded in a wrongful death case, even allowing for different types of damages depending on the relationship to the deceased. Utah’s statute is much more flexible, allowing a court to award any damages it deems just.

Some common types of damages awarded in a Salt Lake City wrongful death case include: 

• Lost support the family member would have received from the deceased
• Lost inheritance or other benefits the family member would have received had the deceased survived
• Compensation for the family member’s pain and suffering
• Lost care, comfort, guidance and companionship the deceased would have offered
• Funeral and burial expenses

Of course, every case is different. The damages a family member may receive in a wrongful death case depend on a variety of factors such as: 

• The relationship between the surviving family member and the deceased
• The support or services the family member received from the deceased 
• How many family members are seeking compensation
• The amount of insurance coverage or other resources available to pay the wrongful death claim

Your Salt Lake City lawyer can provide more detailed information about the types of damages you may be entitled to and the amount of insurance coverage and other resources available to cover your damages. 

What is a Survival Action? 

Survival actions are often confused with wrongful death claims. However, though the two types of actions are often filed together, they are different legal claims. While the wrongful death claim belongs to the loved ones left behind, a survival action is a continuation of a claim the deceased had. The damages available in a survival action stem from losses the deceased suffered as a result of the negligent action, but before they died. Some common examples include: 

• Medical costs from the injury
• Pain and suffering
• Lost income during the time between the injury and death

While damages for wrongful death go to the surviving family members, a survival action belongs to the deceased’s estate. Any compensation received goes to the estate rather than directly to the heirs. 

As a practical matter, those who inherit under the deceased’s will and those who can receive direct compensation for wrongful death may be the same people–but that isn’t always true. Even when it is, this is more than a technical difference. Wrongful death damages are protected for the heirs, but damages from a survival action may be used to pay debts and expenses of the estate. Heirs receive only what is left after those obligations are paid.

How Long Do You Have to File a Wrongful Death Claim or Survival Action?

The statute of limitations for most wrongful death claims in Utah is two years. However, determining how long you have to file is actually a bit more complicated. That’s one good reason you should talk to an experienced wrongful death lawyer as soon as possible. 

For example, certain wrongful death claims, such as those against a governmental entity, have a shorter statute of limitations. And, the timeline for filing a survival action may be shorter or longer than the deadline for filing your wrongful death claim. 

Talk to a Salt Lake City Wrongful Death Lawyer Right Away

It’s easy to miss out on compensation you deserve if you aren’t familiar with all of the deadlines, evidentiary requirements and other aspects of a wrongful death case. The best way to get the information you need to protect your claim is to schedule a free consultation with an AVS wrongful death lawyer in Salt Lake City right now.