Utah Code 78B-3-106 defines wrongful death as a death that is caused by a wrongful act, neglect, or default of the at-fault (defendant) party. In order for the death to be called wrongful, the act that caused the death must be the kind that would call for a personal injury claim to be filed.
The difference between a wrongful death case vs. a personal injury case arises from the fact that in a wrongful death case the victim is no longer alive to file his or her case in the court. So, one of the victim’s family members or another affected party (the claimant) is required to file the lawsuit. As Code 78B-3-106 is complex and tricky, our Utah wrongful death attorneys got together and wrote this guide that explains the laws in plain language:
Who is eligible to file a lawsuit on behalf of the victim?
As per Utah Code 78B-3-105, the surviving heirs of the victim can file a lawsuit. Surviving heirs include the surviving spouse, adult children, parent/s, stepchildren (if they had not yet attained the age of 18 years at the time the victim passed away and were financially dependent on him), or other blood relations as per Utah’s laws. A claim also can be filed by the personal representative of the deceased’s estate or his legal guardian.
Examples of Wrongful Death Cases
Wrongful death can be caused by:
- Medical Malpractice
- Automobile Accident
- Defective Product
- Burn Injuries
- Any other case that is covered by Utah Code 78B-3-106
Time Limit for Filing a Wrongful Death Claim in Utah
Utah’s Statute of Limitations (SoL) establishes that such cases must be filed within 2 years from the date of death.
If the lawsuit is against a government agency, the notice of claim must be filed within 1 year from the date of death.
Damages that can be Claimed
The parties mentioned above (claimant/s) can file a lawsuit against the at-fault party to recover the following economic and non-economic damages:
- Medical bills
- Lost wages, including future wages
- Suffering incurred by the family members
- Funeral costs
- Travel expenses incurred by the claimant in visiting the deceased during his treatment
- Loss of income in case the claimant provided any services to the deceased person
- Loss of guidance, care, and companionship that the claimant would have received if the death had not occurred
- Punitive damages, which are intended to punish the at-fault party for his wrongful actions (The idea behind these damages is to set a precedent so that such wrongful actions will not be tolerated.)
How Long Does a Wrongful Death Case Take to Settle?
It can take about 1 year if it does not go to trial and up to 4 years if it does. Any Utah wrongful death attorney needs time to establish the cause and amount of claimed damages. The settlement process also takes additional time.
But know this: If you settle the case without the help of an attorney, the insurance company and the at-fault party are likely to push for a low settlement amount, and most likely, you will take it. In such situations, the case can resolve quickly, within a year, but you will get shortchanged.
The Value of a Wrongful Death Settlement
It depends on the circumstances of the case. Typically, a wrongful death settlement in Utah ranges between $1 million and $10 million. In some cases, it can even exceed $2 million. We will guide you better when you drop in for a free evaluation.
FREE CONSULTATION OFFER
If you have lost a loved one, or one you used to care for, because of wrongful death caused by neglect, negligence, fault, or wrongdoing by any party, talk to us.
Remember there is no time to waste because Utah’s SoL starts ticking from the day your loved one lost his life due to wrongful death.
Our team of lawyers includes Utah wrongful death attorneys who have settled 100s of cases and helped the surviving heirs receive millions of dollars in settlement while working on a contingency fee basis.
We’re now offering you a FREE consultation.
Talk to us – you have everything to gain.
