Strategic Advocacy for a Just Tomorrow
Answering the Many Difficult Questions After Losing a Loved One
If you have lost a loved one because of someone else’s carelessness or deliberate actions, you need answers to a wide range of questions. Here are answers to some common questions. If you have additional questions, feel free to contact Northern Utah Law for a free initial consultation.
What is the Statute of Limitations for Filing a Wrongful Death Claim?
In Utah, a wrongful death claim usually must be filed within two years of the date of death. Courts summarily dismiss wrongful death claims filed after this statute of limitations. If you file after this period, your opportunity to recover damages for the family may be lost forever.
Who Can Sue for Wrongful Death?
Wrongful death statutes in each state define who is allowed to bring suit and how long they have to do so. In Utah and most other states, a spouse or child may file such a suit. Under certain circumstances, other dependent relatives may also be permitted to do so, including the estate’s executor.
What Types of Damages are Included?
Filing a wrongful death lawsuit is a way for the family of the deceased to seek justice, beyond any charges against the person responsible for the accident. However, it’s also a chance to get financial compensation for their loved one’s death.
There are a variety of types of damages that the surviving heirs can seek in a wrongful death claim. These include:
Medical expenses related to the victim’s injury or illness that led to their death
Funeral and burial costs
Lost wages that the deceased would have earned and that would have benefited the surviving heirs
Pain and suffering that the surviving family members have experienced
Loss of the companionship of the deceased (this can apply to surviving spouses or parents)
Loss of guidance and care (this applies to the care and guidance that the deceased would have provided to his or her children or stepchildren, or to their spouse)
Punitive damages
How Much is a Settlement Worth in Utah?
Just as with personal injury cases, each wrongful death case is unique. For that reason, each wrongful death lawsuit will be unique in the damages that it is seeking.
For instance, one case may include the cost of medical expenses that an individual incurred prior to their death. However, another wrongful death lawsuit may not need to include these if there were no medical expenses incurred. The death of a young parent may command a higher dollar amount for loss of companionship and guidance than the death of an older adult with no children or spouse.
Calculating how much a wrongful death settlement is worth in Utah comes down to the details of each individual case. It also depends on your choice of a wrongful death attorney. An experienced lawyer will be better prepared to build a case that shows why the heir of the victim deserves more than what insurance companies are currently offering.
Wrongful Death Lawyer Serving Cache County and Throughout Northern Utah
Let Northern Utah Law help you secure the justice and compensation you deserve after losing a loved one, turn to wrongful death attorney Ken Peterson. To schedule a free initial consultation, contact us online. All personal injury cases are on a contingent fee basis. Meaning there is no collection of attorney fees unless compensation is secured for you.
Northern Utah Law
Kenneth D. Peterson, Esq.
Contact@NorthernUtahLawFirm.com
(435) 265 - 3595
P.O. Box 4527
Logan, UT 84323