Utah Wrongful Death Lawyer
Losing someone you love is painful, confusing, and traumatic. When that person is taken from you because of the negligence or carelessness of someone else, the emotions can be overwhelming. Add in growing medical bills and funeral costs, and the situation is almost unbearable. We know no amount of legal remedy can bring your priceless loved one back, but we will fight to help you give them the representation they deserve and get the legal remedy you need to begin to heal.
Our wrongful death lawyer in Salt Lake City has years of experience in helping families recover damages including the loss of love, companionship, comfort, sorrow, mental anguish, emotional distress, funeral costs, medical expenses, loss of financial support, loss of income, punitive damages, etc.
If your loved one has been taken too soon because of someone else's negligence, recklessness, or misconduct, call Andrus Law Firm today at 801-535-4645, or fill out our convenient confidential online form below.
What Is Wrongful Death?
Wrongful death claims are filed against a defendant who has negligently or intentionally caused the death of another person. This claim allows the victim's loved ones to file a lawsuit against the liable person(s) in order to seek legal remedy to recover financial and emotional injuries that resulted from the inciting incident. Utah's Wrongful Death Act, § 78B-3-106.
What Is a Survival Action?
A survival action can take the place of a personal injury suit that the deceased person may have filed had she/he survived. Utah Code § 78B-3-107. It is the wrongful death lawyer's job to prove the same facts he would have had to prove in a personal injury suit. The survival action may be brought at the same time as the wrongful death action.
Types of Wrongful Death Cases
Wrongful death can occur in many situations, including events where the loved one has been intentionally killed or in fatal accidents, medical malpractice, or other events involving negligence as is the case with auto accidents or semi-truck accidents. Common types of wrongful death cases include:
- Accidents and Injuries - When accidents happen because of negligent or reckless acts of another, a driver, unmaintained roads, a defective vehicle, construction accidents, or other events, disastrous injuries can result. If the negligence contributes to someone's death, a wrongful death claim and survival action may be filed.
- Medical Malpractice - This happens when a health care professional or entity has caused someone's death due to medical negligence, like surgical errors, incorrect dosages, or delayed or misdiagnosis and treatment. If a patient passes away as a result of medical negligence, the family may file suit against doctors and hospitals liable for the death.
- Defective Drugs - In the event that a pharmaceutical company has failed to provide adequate warning to the FDA and consumers about harmful defects in their drugs, they are liable for any injuries that happen as a result. Should the patient die from taking the defective drugs, a wrongful death lawyer can help you file a suit against the drug manufacturer.
- Defective Products - Manufacturers have a duty to provide safe products to consumers. When they violate this duty, failing to identify, warn against, or report a defect in their product, a liability lawsuit can be filed. If a consumer dies from using the defective product that the manufacturer failed to warn them about, a wrongful death suit may be filed.
Wrongful Death Damages in Utah
There are several types of damages available in wrongful death and survival suits and may include:
- Loss of love, companionship, society, comfort, pleasure, advice, care, protection, affection, past and future
- Loss of financial support, past, and future
- Loss or reduction of inheritance
- Pain and suffering which the deceased loved one experienced at the time of injury and death
- Funeral and burial expenses and costs
- Medical bills, expenses, and costs associated with the loved one's sustained injuries
- Loss of wages, which may include the calculated future income and benefits the loved one would have received had he/she survived
- Assistance and benefit that would likely have been received had he/she lived
- And more
Depending on the facts of your case, the above or additional legal remedies could be available to you. Your wrongful death lawyer in Salt Lake City will help you determine which damages apply to your case.
Who Can File for Wrongful Death in Utah?
In Utah, wrongful death and survival claims can be filed by the deceased person's “heirs” or personal representative. This can include the person's surviving spouse, children (including adopted children), surviving parent(s) (including adoptive parents), surviving step-children if they are under 18 at the time of the death, and financially dependent on the deceased. In the case that none of the previously listed people survive, another blood relative can file, according to Utah Code § 78B-3-105.
Wrongful Death Claim Next Steps
Wrongful death claims, and the time frames in which to bring them, can be complicated and overwhelming. If you are suffering from the untimely loss of a loved one, let Andrus Law Firm help you recover the compensation you need and deserve, in holding the responsible party and the available insurance accountable. Our trusted and experienced wrongful death lawyer fights to tell our clients' stories, giving a voice to you, your loved ones, and their families. We'll take the care and time needed to help you get through this difficult time. With 37 years of experience, Andrus Law Firm is ready to represent you and your family. Give us a call at 801-535-4645, or fill out our form on this page, and we'll reach out to you to set up a free initial confidential consultation to review the facts of your case.