What Is A Utah Wrongful Death Lawsuit?

A claim for wrongful death involves complex and time sensitive legal issues. Of course, the family faced with the recent loss of a father, mother, spouse or child is already dealing with the heavy emotional burden due to the recent loss. The sudden and unexpected fatal accident leaves the family struggling to cope with the loss, let alone the legal issues. This creates a situation ripe for abuse and or mistake. Insurance defense attorneys and less-than-upstanding insurance company risk adjustors may all seek to take advantage of the heirs emotional state. To avoid making common mistakes associated at this vulnerable time, get started in the process soon.

This information in “Wrongful Death In Utah” and teaches you: (1) how to avoid costly mistakes when faced with handling; and (2) three things you can do right now to help preserve your wrongful death claim.

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When & Why Hire a Lawyer for Wrongful Death Claims.

Deciding to hire a lawyer is a significant decision. Wrongful death attorneys are sometimes unfairly viewed as opportunists seeking profit from tragedy. This is a misconception. A skilled wrongful death lawyer helps grieving families understand how another’s recklessness, negligence, or carelessness led to their loved one’s death. Moreover, hiring such an attorney promotes accountability and safety: by holding the responsible party accountable for violating safety standards, it encourages others to act with caution and respect safety rules—whether at work, on the road, or in medical care. Without legal action, negligent individuals may go unpunished, potentially continuing behaviors that put other families at risk of losing cherished loved ones and the irreplaceable support, love, and companionship they provide.

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Worries, questions, concerns? Call 1.877.359.8400 to speak with an attorney now.

How to Hire a Lawyer for Wrongful Death in Utah.

Hiring an attorney to protect your rights in wrongful death cases can be challenging. First, avoid law firms that rely on quick settlements to fuel their advertising budgets. While TV lawyers may be the most recognizable, they shouldn’t be your first choice. Similarly, the yellow pages might seem like a good resource, but the same firms that spend millions on TV ads also invest heavily in yellow page advertising. The internet is a valuable tool for finding legal help, but be cautious of lawyers who appear in the paid ad sections of Google searches—the top and right-hand side—since they pay a premium for those placements.

Once you locate a few attorneys that you’d like to speak with, go ahead and set an appointment and meet them. Attorneys who handle wrongful death cases typically offer free consultation. Additionally, attorneys in this area work on contingency fee with no fee to you unless the case is won. 

Look for the following qualities when hiring a wrongful death attorney: trial experience, trial experience, trial experience. A firm that regularly goes to trial and takes cases on appeal has the respect of the insurance companies and their adjustors.

Get Help Now – Call 1-877-359-8400.

If you are worried, have questions or concerns, call 1-877-359-8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case.

Utah Constitution & Wrongful Death Right of Action

A wrongful death claim gives the heirs a right to bring a claim on behalf of an individual who died as a result of the negligence or wrongdoing of another person, corporation or government entity. In Utah, this is a constitutionally guaranteed right.

Utah Constitution Article 16, § 5
The right of action to recover damages for injuries resulting in death, shall never be abrogated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law.

The framers of our state constitution obviously felt strongly about protecting families and the heirs of those killed by the neglect of others.

A wrongful death claim can arise in a wide variety of situations including medical malpractice, auto accidents, boating accidents, civil rights and even dangerous or hazardous conditions left open to the public.

Who Can Bring a Claim or Lawsuit for Wrongful Death in Utah?

The heir, heirs or personal representative of the decedent may maintain a claim for wrongful death. However, the claim is made by and on behalf of all heirs. Additionally, the person bringing the claim is considered a ‘representative’ of all the potential claimants. For wrongful death claims, heirs include spouse, children and parents (mother or father) under Utah law. Failure to properly pursue the claim can result in liability and, if you are considering a wrongful death lawsuit, it would be good to consult with an experienced Utah wrongful death lawyer.

What Time Limits or Statute of Limitations Govern Wrongful Death Lawsuits in Utah?

Claims for wrongful death must be brought within two years of the death. However, this time limit might be tolled under certain circumstances, such as minority of the claimant or knowledge regarding the death. Alternatively, the time might even be shorter, as short as one year, if a governmental entity such as a city, county or the State of Utah, or one of their employees was involved. 

Because of the seriousness involved in wrongful death claims, and the fact that you may be held liable for not properly bringing a claim, you should check with a Utah wrongful death attorney immediately in order to fully preserve your rights.

Several factors can, under certain circumstances, toll the statute of limitations. For instance, minority status often, though not always, tolls the statute of limitations. Additionally, incapacity may also toll the statute of limitations under Utah law. Furthermore, a defense applicable to a personal injury lawsuit may not apply to the same claim in a wrongful death case in Utah. Due to the complexity of this area of law, it is essential to consult a lawyer to ensure that the rights of heirs, children, parents, and spouses are fully protected.

Get Help Now – Call 1-877-359-8400.

If you are worried, have questions or concerns, call 1-877-359-8400 to speak with an attorney about your personal injury, wrongful death or medical malpractice case. Or, fill out a form for a free, confidential, no-obligation review by a lawyer.

What Kind of Claims Can Be Brought for Wrongful Death in Utah?

Claims for wrongful death can arise from a wide variety of circumstances and scenarios. A claim for wrongful death can be based upon any form of negligence, including: auto accidents in Utah; personal injury or civil rights violations under Utah law. For example, medical malpractice alone can result in claims based on:

• death due to prescription drug overdose in Utah;
• death because of bowel injury during surgery and sepsis;
• undiagnosed cancer or illness.

Because of the wide variety of claims which can give rise to a lawsuit for wrongful death under Utah law, there are several different statutes of limitations which can apply. Additionally, a defense against a personal injury lawsuit may not apply to the same claim for wrongful death in Utah. Due to the complexity in this area of law, it is critical that a lawyer experienced in handling Utah wrongful death claims is contacted to make sure that the rights of heirs, children, parents and spouses are preserved to the fullest extent possible.