Salt Lake City Wrongful Death Lawyer

Wrongful Death Attorneys in Salt Lake City, UT

Losing a loved one is one of the most difficult things you may ever have to go through. When their death is the result of someone else’s negligence, it can make it even worse. While no amount of money can make up for your loss, a Salt Lake City wrongful death lawyer may be able to help you achieve some level of justice by seeking financial compensation and holding them responsible.

The Garner Law Firm has years of experience helping clients seek justice for their loss of a loved one. We feel that no one should have to seek justice without the help of an experienced attorney. A successful claim can help give you and your dependents a financial safety net.

Wrongful Death Explained

Utah defines a wrongful death as any death that results from a wrongful act or neglect. The CDC reported 222,698 unintentional injury deaths in 2023. If the victim had grounds to file a personal injury claim had they not died, their death most likely would be considered wrongful. These claims are similar to personal injury claims, except that the injured party is not able to file the claim.

Common Causes of Wrongful Death

You may be eligible to file a wrongful death claim if an accident or mishap that resulted in your loved one’s death was caused by someone’s negligence or misconduct. One of the most common causes of wrongful death is auto accidents. In 2023, the U.S. Department of Transportation reported 40,901 deaths in motor vehicle accidents.

A wrongful death may also be the result of a:

• Dangerous or defective product
• Construction accident
• Medical malpractice
• Pedestrian accident
• Truck accident
• Dangerous property conditions

Who Can File a Wrongful Death Claim

Utah law §78B-3-106 states that a wrongful death claim may be filed by the heirs of the deceased or by a representative of the estate. Heirs in Utah, according to Utah Code §78B-3-105, could be any of the following surviving people.

• Spouse
• Children
• Natural or adoptive parent
• Stepchildren
• Any blood relative in the law of intestate succession

If the victim has an estate plan at the time of their death, it may name a personal representative. In that case, the assigned representative, even if it is not a blood relative, can file the wrongful death claim.

Determining Liability in a Wrongful Death Accident

To successfully bring a wrongful death claim, your Salt Lake City wrongful death attorney must prove that the death was the result of someone’s negligence. In order to prove negligence, there must be liability. The four elements to prove liability include:

• A duty of care
• Beach of that duty
• Direct causation
• Damages

Utah law allows a wrongful death claim to be brought against any person or entity whose act or negligence caused a death.

Possible Damages in a Wrongful Death Claim

A wrongful death claim allows the family of a victim to seek compensation for damages related to their loved one’s death. Surviving family members may have depended on their loved one for financial support, whether through income, health benefits, or emotional support. A wrongful death claim may help with some of the financial burden.

Damages they may seek include:

• Funeral and burial costs
• Medical expenses
• Pain and suffering that the victim may have suffered in the accident
• Loss of income and health benefits provided by the loved one
• Punitive damages

In any case, it’s important to document your losses to show the amount of compensation that you need.

Hire a Wrongful Death Lawyer

Utah’s wrongful death laws are complex and difficult to understand. It may be in your interest to hire a wrongful death lawyer to help you through the legal process. An experienced attorney can investigate the circumstances of the accident and gather evidence needed to build a strong case on your behalf. If needed, your attorney can negotiate with insurance companies and the other party’s legal team to help get you the compensation that you deserve.

If your case ends up going to trial, a skilled litigator can present the evidence, cross-examine witnesses, and make a persuasive argument in the Third Judicial Court for Salt Lake County.

FAQs

How Much Does a Lawyer Charge for a Wrongful Death Claim?

The amount that a lawyer charges for a wrongful death claim depends on the case. In most cases, they will work on a contingency fee, which means they will only get paid if they are successful with the case. Their payment is a percentage of the final settlement or the amount awarded by the court.

What Are the Odds of a Successful Wrongful Death Claim?

The odds of a successful wrongful death claim depend on each individual case. The outcome depends on the facts of the case, the strength of the evidence, the quality of care provided to a patient in the case of medical malpractice, and state laws and statutes of limitations. The proficiency and experience of your legal team also play a big part in a successful claim.

Who Pays the Money in a Wrongful Death Claim?

In many wrongful death claims, the money is paid by the at-fault party’s insurance company. This could be the liable party’s auto insurance company, medical malpractice insurance, or a commercial liability policy. If the defendant in a wrongful death claim does not have insurance, they could be held personally responsible.

Does Utah Have a Bereavement Law?

Yes, Utah has a bereavement law. It is primarily for public employees and allows up to three days of leave for full- and part-time employees to prepare for and attend the funeral for their immediate family. Immediate family is their spouse, parents, grandparents, children, grandchildren, siblings, and in-laws. Utah Code R477-7-9 requires state agencies to provide this paid bereavement leave.

Contact a Wrongful Death Lawyer

If you have lost a loved one due to the negligence or recklessness of someone, you may be able to file a wrongful death claim. Contact The Garner Law Firm today for a consultation about your case. Our team can help you obtain the compensation you deserve for your pain and suffering.