WRONGFUL DEATH LAWYERS IN UTAH

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Reviewed November 10, 2023.

If you lost a family member because of someone else’s negligence in Utah, you may be able to bring a wrongful death claim for both your financial and emotional losses, and Moxie Law Group’s wrongful death lawyers can guide your family through it with care. We work on contingency, so you pay nothing unless we win.

Under Utah law, a wrongful death claim can generally be brought by the surviving spouse, children, or parents, and in some cases by the personal representative of the estate. Recoverable damages can include medical and funeral expenses, lost financial support, and the loss of the companionship and guidance your loved one provided. These cases have strict filing deadlines, so it is important to speak with an attorney before time runs out.

Wrongful death claims aren’t just about winning fair compensation for the surviving spouse or surviving family members. Many wrongful death claims arise from tragic accidents, preventable incidents such as car crashes, falls, or other fatal events, highlighting the emotional and legal consequences for families and the need for accountability. Though wrongful death claims do provide financial compensation to surviving family members, wrongful death claims may also prevent future wrongful deaths. Wrongful death claims are typically filed when the negligence of a person or entity causes the death of another person. The victim’s death could have been caused by a motor vehicle accident, medical malpractice, premises, liability, or defective products. Whenever a person’s death occurred due to the negligent acts of another person, the surviving spouse, or other surviving family members may consider filing a wrongful death claim. In some instances, these personal injury cases prevent future injuries and deaths because they inspire changes in policies and protocols.

The decision of whether or not to file a wrongful death claim is a very personal decision. Though wrongful death lawyers can help the family members of a victim pursue monetary compensation, little can be done to heal the pain of a loved one’s untimely death. In some cases, family members struggle to pay for the victim’s funeral expenses and medical expenses. In some cases, the deceased person was the breadwinner of the family and without them, they surviving family members have no source of income. In these cases, a family member may choose to file a wrongful death claim on behalf of the deceased person’s estate. A personal representative may be appointed to handle the legal process for the estate, especially if there are no immediate heirs or if someone is designated to manage legal proceedings for the decedent. Whether or not the immediate family members choose to seek compensation with a wrongful death lawyer is up to the family.

Wrongful death is different from murder, and it’s also different from both voluntary and involuntary manslaughter. Murder, voluntary manslaughter, and involuntary manslaughter are all criminal charges. Criminal charges are “pressed” or, more accurately, prosecuted by a prosecutor. Those who are charged with a crime go to trial where, if found guilty, they may be fined and/or serve time in jail. Wrongful death is a civil matter. When a party chooses to file a wrongful death claim, they are alleging that the defendant’s negligence has damaged them and that the plaintiff should pay them a certain amount to compensate them for their damages. In a wrongful death claim, most cases are settled before going to trial. In wrongful death cases, there aren’t criminal penalties. This means that in wrongful death cases, no one goes to jail, and fines aren’t generally paid to the government. Instead, a judge will decide whether or not the defendant should be ordered to compensate the plaintiff for their loss. If the wrongful death claim doesn’t go to trial, the attorneys work together to negotiate a fair settlement for the client. Though there’s no jail time in a wrongful death case, criminal cases can be tried alongside a wrongful death claim. For example, OJ Simpson was tried for the murder of Nichole Brown Simpson and found not guilty. Then, he later was found liable in a wrongful death claim.

Wrongful Death Claims in Salt Lake City and Along the Wasatch Front

Many of the wrongful death cases we handle begin on Salt Lake City’s highways, in its hospitals, or at its workplaces. Under the Utah Wrongful Death Act, a surviving spouse, children, parents, and certain other heirs may bring the claim. Compensation can cover lost financial support, lost companionship, and the anguish no family should have to carry alone. Most Utah wrongful death claims must be filed within two years, and claims against government entities have much shorter notice deadlines, so talk to a wrongful death lawyer early.

Wrongful death occurs when a person’s negligence directly contributes to the deceased person’s death. Since a deceased person cannot file a wrongful death claim, a surviving family member or legal representative must start a wrongful death case on behalf of the deceased person’s estate or surviving family members. As previously mentioned, instead of jail time, successful wrongful death cases result in compensation for monetary damages such as funeral expenses, medical bills, and more. Additionally, compensation for punitive damages may be awarded in wrongful death cases. Wrongful death lawyers help families seek compensation when the unexpected death of a loved one occurs.

Wrongful death can result from a wide range of tragic circumstances, many of which are caused by someone else’s negligence or wrongful act. In Utah, wrongful death claims are often filed after fatal car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and bicycle accidents. Medical malpractice is another leading cause, where a healthcare provider’s error or oversight leads to a patient’s untimely death. Workplace accidents and defective products can also be responsible for wrongful deaths. When wrongful death occurs, surviving family members may be entitled to file a wrongful death lawsuit to seek justice and recover compensation for their losses. Utah wrongful death lawyers have the experience to guide families through the legal process, helping them understand their rights and options after a loved one’s death. By holding the responsible party accountable, families can not only pursue financial recovery but also help prevent similar tragedies in the future.

Each wrongful death case is different. The way a wrongful death lawyer proves one wrongful death case may be different from the way they’d prove another wrongful death case, even in situations where both cases had similar circumstances. Since no two wrongful death cases are alike, good wrongful death lawyers will take a holistic approach to each wrongful death case they handle. If you’re considering pursuing a wrongful death case, it’s important that you find a wrongful death lawyer you are comfortable working with. In order to prove that wrongful death occurred, wrongful death attorneys will need to generally need to prove that all four elements of negligence are evidenced in the case: duty, breach of duty, damages, and causation. Wrongful death attorneys must prove liability by demonstrating these elements in court, showing a direct link between the defendant’s actions and the victim’s death. Though it may sound straightforward, getting a wrongful death settlement can be a rather long journey, especially if a wrongful death lawsuit needs to be filed.

Now that you know what duty is, it’s probably pretty easy to figure out what breach of duty is. However, though it sounds simple, it’s not always so simple. Again, this is why a wrongful death attorney may be necessary to ensure the success of your claim. Let’s say you’re having a pool party in your backyard for your daughter and her friends. This party is to celebrate her fifth birthday and her friends are also around the same age as she is. It probably goes without saying that she and her friends aren’t Olympic-level swimmers. Therefore, you may have a duty to take reasonable precautions in order to ensure the safety of your daughter and her friends. Some reasonable precautions may be having extra adults available to supervise the children at all times, requiring the children to wear floaties while in the pool, and having first aid equipment available in case injury does occur. If you fail to supervise during this time, and someone is fatally injured, you could be liable for their injury-related expenses, as liability arises when a party’s negligence leads to fatal injury.

Lastly, wrongful death attorneys will need to prove that a person’s death results from the defendant’s actions. In order to recover compensation in a personal injury claim or personal injury lawsuit, the damages have to have been a direct result of the defendant’s breach of duty. It may be difficult to recover compensation if there is no clear link between the damages and the defendant’s breach of duty. If your claim turns into a wrongful death lawsuit, it may be necessary to have proof that the defendant owed the victim a duty of care, and that breach of duty directly caused the victim’s fatal injuries. If this is unclear, the wrongful death lawsuit may not be successful.

There’s a difference between wrongful death lawsuits and wrongful death claims. The goal of a wrongful death lawsuit or settlement is to secure full and fair compensation for the family. In many personal injury cases, the best way to recover compensation is via a settlement. A case is settled when both parties agree on the amount the at-fault party will pay to the injured party. A wrongful death settlement is usually optimal as opposed to a wrongful death lawsuit. This is because a settlement is a guarantee, whereas a lawsuit is not. Furthermore, a lawsuit may drag out a family’s pain and suffering. If the family is pursuing a wrongful death claim because they need financial support, or they need compensation to pay the deceased person’s medical expenses, the wrongful death lawsuit may take too long. In order to minimize a client’s pain and suffering, a settlement is usually a good option. Unfortunately, the settlement isn’t always in the client’s best interest.

Economic damages are a crucial part of any wrongful death case, as they address the tangible financial losses suffered by the family. In Utah, wrongful death attorneys work closely with families to calculate the full extent of these losses, which can include medical bills incurred before the loved one’s passing, funeral expenses, and lost wages that the deceased person would have earned. Economic damages may also cover the loss of financial support that the deceased provided to their family members, ensuring that the family’s future needs are considered. Utah wrongful death lawyers are skilled at identifying all sources of financial loss and negotiating with the responsible party or their insurance company to secure fair compensation. The goal is to provide the financial support necessary for the family to recover and move forward after such a devastating loss.

In addition to financial losses, families often suffer profound emotional and personal losses when a wrongful death occurs. Noneconomic damages in a wrongful death case are designed to compensate for these intangible harms, such as pain and suffering, emotional distress, and the loss of companionship, guidance, and support that the deceased person provided. Utah wrongful death attorneys understand how difficult it can be to put a value on these losses, but they are committed to helping families seek fair compensation for the suffering endured. Surviving family members may be entitled to noneconomic damages for the emotional impact of their loved one’s death, as well as for the suffering the deceased experienced before passing. Utah wrongful death lawyers can help families navigate this complex aspect of their case, ensuring that all losses, both economic and noneconomic, are fully considered.

A thorough investigation is essential to building a strong wrongful death case. Utah wrongful death lawyers take the lead in gathering evidence, interviewing witnesses, and consulting with experts to determine exactly how the death occurred and who is responsible. This process may involve reviewing medical records, accident reports, and other critical documents, as well as reconstructing the events that led to the tragedy. The goal is to establish liability by proving that the responsible party’s negligence or wrongful act directly caused the death. Utah wrongful death attorneys are experienced in handling complex investigations and know how to collect the evidence needed to support a successful claim. By working with skilled death lawyers, families can be confident that their case is being handled with the care and diligence it deserves.

In Utah, the right to file a wrongful death claim typically belongs to the immediate family members of the deceased person, such as spouses, children, and parents. However, in some cases, other family members, like siblings or grandparents, may also be eligible to file a wrongful death case if they were financially dependent on the deceased. Utah wrongful death lawyers can help families determine who qualifies as a beneficiary and ensure that everyone’s rights are protected throughout the legal process. Beneficiaries may be entitled to seek compensation for both economic and noneconomic damages, reflecting the full impact of their loss. With the guidance of experienced Utah wrongful death attorneys, families can pursue fair compensation and hold the responsible party accountable for their loved one’s untimely death.

Not every wrongful death law firm is willing to go to trial for their clients. Civil lawsuits are expensive for the law firm and they can take much longer. Instead of filing a civil lawsuit, many firms would prefer to just settle the cases as quickly as possible. At Moxie Law Group, as a dedicated wrongful death law firm, we’re committed to doing whatever’s in our clients’ best interests. If that means that we need to file a wrongful death lawsuit, we’re ready to file a wrongful death lawsuit. Unlike other firms, we aren’t afraid to move forward with a civil suit, if it benefits our client. Though we do what we can to settle our cases fairly, we have no problems filing a wrongful death lawsuit if it’s the best way to get our client fair compensation.

Wrongful death is the most devastating outcome of medical malpractice. Medical malpractice occurs when any medical professional causes a patient or client injury due to negligence, and negligent medical treatment can lead to wrongful death. It’s important to remember that any medical professional can be liable for medical malpractice; it isn’t just doctors and nurses. The standard for medical malpractice is often extremely high. Though doctors and medical professionals often make mistakes, these mistakes don’t generally cause significant damages. Furthermore, there’s a difference between a bad experience and genuine malpractice. Malpractice cases can take a long time to litigate, especially when wrongful death is part of the equation. If someone you love has been fatally injured due to suspected malpractice, it’s important that you find an attorney you like to represent you and your interests. If your attorney needs to file a wrongful death lawsuit, you’ll want to have an attorney you can trust on your side.

A lot of people are concerned about the financial burden of hiring an attorney. While that may be true for some types of attorneys, in personal injury there isn’t usually a financial burden associated with filing a claim. At Moxie Law Group, we offer every potential client a free consultation and a free case evaluation to help them determine whether or not they have a claim. If during the free consultation and case evaluation, we determine that we can help you get the compensation you deserve, we start working on your case without asking you to pay us anything upfront. In fact, you don’t have to pay us anything until you are compensated through a settlement or judgment. If you don’t receive any compensation, you don’t have to pay us anything.

At Moxie Law Group, we offer a free case evaluation to anyone who’s been injured due to the negligence of another person. Our personal injury lawyers have expertise in a wide range of legal issues: from product liability to premises liability our legal team is ready to help you. Whether you were in a car accident, or you have a question about a wrongful death claim, Moxie Law Group can help you. If you’re considering filing a claim, it may be a good idea to meet with an attorney sooner rather than later.

Punitive damages were designed to punish defendants for particularly egregious or reckless behavior. Obtaining compensation for punitive damages is difficult in the first place, but it’s much more difficult if you don’t have an attorney representing you. Insurance companies aren’t necessarily trying to pay the injured party the maximum compensation. In fact, they’re often attempting to pay the minimum amount they can. If you’re looking to be compensated for non-economic damages, or punitive damages, an attorney will be able to help you get the compensation you deserve. Insurance companies know the law, and they have no problems using their knowledge to bully the injured into accepting a lower settlement. Having an attorney who knows the law represents you and your interests can help you get the best outcome possible.

When it comes to a subject like wrongful death, having an attorney who can help you navigate a claim of such a delicate nature is tremendously important. An attorney who’s familiar with wrongful death statutes can help you understand which factors are at play in your claim. Furthermore, a good attorney can help you know what to expect when you’re filing a claim. If your claim turns into a wrongful death suit, you’ll want to have a professional by your side, advocating for your best interests. When it comes to a day in court, you don’t want to leave anything up to chance.

In many cases, there’s a statute of limitations. Even if you aren’t particularly interested in pursuing legal action, it may be a good idea to explore your options before the statute of limitations expires. A wrongful death suit or claim can inspire change. If after grieving your loss you decide you’d like to file a claim, you want to make sure the statute of limitations has expired. Though you may not need to take action immediately, it may help you to understand your options before making a decision about what you’re going to do next.

At Moxie Law Group, our attorneys are here to support you. Whether it’s a car accident, medical malpractice, premises liability, or some other personal injury claim, our legal team is here for you. If you’ve been injured, contact Moxie Law Group today to find out more about your options.

If you’re looking for a wrongful death lawyer to represent you, you’ve likely lost a loved one in an unanticipated accident. If this has been your experience, the pain you’re feeling right now may be overwhelming, and no settlement or judgment will be able to ease the burden of losing a family member in such a sudden manner. Moxie Law Group is committed to providing support to the surviving family members of those who have been fatally injured by negligence. If someone you love has been in a fatal accident caused by the negligent act of another party, Moxie Law Group can help support you through a wrongful death claim.

What legally qualifies as a “wrongful death” in Utah?

In Utah, a wrongful death occurs when a person’s life is taken due to the “wrongful act, neglect, or default” of another party. This includes fatalities resulting from motor vehicle accidents, medical malpractice, defective products, or workplace incidents. If the deceased would have been entitled to file a personal injury claim had they survived, the surviving family members likely have grounds for a wrongful death lawsuit.

Who is eligible to file a wrongful death claim in Utah?

Under Utah law, a wrongful death action is typically brought by the “heirs” of the deceased or a personal representative of the estate. Heirs include the surviving spouse, children, and parents. In cases where no such heirs exist, other relatives may be eligible. Our legal team can help clarify the specific hierarchy of claimants to ensure the correct parties are represented.

What types of compensation can families recover in a wrongful death case?

Compensation is divided into economic and non-economic damages. Economic damages cover tangible losses like medical expenses incurred before death, funeral and burial costs, and the loss of financial support the deceased would have provided. Non-economic damages address the loss of companionship, love, guidance, and emotional protection, as well as the suffering experienced by the survivors.

What is the statute of limitations for wrongful death in Utah?

Generally, the statute of limitations for a wrongful death claim in Utah is two years from the date of the person’s passing. This is shorter than the standard four-year window for personal injury claims. If a government entity is involved, the deadline to file a notice of claim is even shorter, often only one year. Prompt action is essential to preserving evidence and meeting these strict legal deadlines.

Why should we hire a wrongful death lawyer instead of dealing with insurance directly?

Insurance companies often prioritize minimizing payouts over providing fair compensation for a family’s loss. A wrongful death lawyer manages the complex legal investigation, identifies all liable parties, and calculates the long-term financial impact of the loss. By handling the aggressive negotiations and paperwork, we allow your family the space to focus on healing while we fight for the maximum recovery allowed by law.

Utah Wrongful Death FAQs

Who can file a wrongful death claim in Utah?

Utah law generally allows a surviving spouse, children, or other close relatives to bring a wrongful death claim. A Utah wrongful death attorney can confirm who is eligible in your situation.

What can a wrongful death claim recover?

Depending on the case, it can include medical and funeral costs, lost financial support, and the loss of companionship and guidance. Nothing undoes the loss, but a claim can provide stability.