If you have recently lost someone close, and are in a similar situation as mentioned above, then you must speak with a Utah wrongful death lawyer to ensure that your loss is justly compensated.
Wrongful Death Lawsuit
A wrongful death claim can be filed against a person whose recklessness or negligence caused someone to die in an accident. It is essential to note that even people who survive through such accidents can also claim their loss. This includes lost wages from the deceased, funeral expenses, expenses for medical treatments, and loss of financial stability in the future.
These claims include all kinds of serious and deadly accidents, such as car accidents, product liability and medical malpractice cases. Companies, persons, governmental agencies and organizations can be at fault due to their negligent or intentional acts.
A wrongful death lawsuit falls within the domain of civil cases that does not involve any criminal claim against the defendant. The laws applied to wrongful death cases are different than the ones that are applied to criminal cases. In addition to this, their burden of is not the same as well.
Definition of Wrongful Death in Utah
The definition of a wrongful death is in section 78B-3-106 of the Utah Code. The code defines a wrongful death in Utah as a death caused by the wrongful act, neglect, or default of another person. The act done by the person must belong to such a category that would lead to a personal injury claim.
What Can Cause Wrongful Death?
There are various factors that contribute to causing a wrongful death. The following are the most common instances and situations where wrongful deaths occur:
Car Accidents
Car accidents are among the most common reasons of wrongful death. These types of accidents occur in more than one way. The National Highway Traffic Safety Administration estimates that nearly 40,000 people are killed on the roadways of the United States each year. Driving is a privilege and not a right. Motorists have the responsibility to obey the rules of the road. In addition, they should exercise caution while driving; drive safely according to the current weather conditions, and be mindful of others around them. A passenger who is injured due to the driver’s action can file this claim. Furthermore, if a car accident takes place due to a defective piece in the vehicle, then such a claim can also be filed against the automotive manufacturing company.
Airplane Accidents
Airplane accidents also come under the category of wrongful death claims. For example, if a pilot flies a plane while drunk, and the plane crashes, then the victims can file a claim against the airline or the pilot.
Medical Malpractice
Medical malpractice is known as the professional negligence by acting or the omission to act by one that provides health care services such as a nurse, doctor, or surgeon. In most cases, it can cause a serious injury to the patient, whereas other times it results in death, and in those times the family of the victim can file a wrongful death claim. Anesthesia errors are a common form of medical malpractice that frequently result in death. The US Bureau of Justice Statistics reports that more than 90% of suits filed as medical malpractice were due to death or permanent injuries.
Accidents at the Workplace
Work Injuries also result in wrongful death cases. These accidents occur due to explosions, slip and falls, burns and malfunctioning of equipment. Furthermore, these events can take place at construction sites, mining locations and manufacturing plants. In such situations, the victims can file a claim for wrongful death against the employer since all employers are obliged to meet heath health and safety standards for their employees set by the Occupational Safety and Health Administration.
Product Liability
Filing a wrongful death lawsuit against manufactures, suppliers, distributers and retailers comes under this category for providing defective products to the consumers. Product liability has three main kinds including the following:
- Defect in design
- Defect in manufacturing
- Not warning the consumers about such a defect
To make a case of negligence in a wrongful death lawsuit, the plaintiff has to prove that the defendant had a duty of care towards the consumers, the defendant breached the duty of care, and this breach resulted in an injury to the plaintiff.
What are punitive damages?
Punitive damages are known as the sum of money that the defendant has to pay when found guilty. These damages help in discouraging the behavior which results in a wrongful death.
Types of punitive damages for wrongful death claims
There are many types of damages that come from wrongful death suits. Eligible surviving family members who were affected by the wrongful death can claim compensation. Before a suit is filed, the family will need to decide the type of compensation they are looking for. They may want to claim just one type of compensation. Alternatively, they may want to file for every type they can. A lawyer can help the victim’s family in deciding what compensation they can claim from the defendant.
1. Expenses for medical treatment and arrangement of funerals
Once an accident occurs, the bills for medical treatment keep adding up. If efforts were made to save the victim’s life, or there was an extended hospital stay, the family should not be responsible for those expenses. Additionally, any costs for a proper funeral and other final expenses should be covered by the person at fault. These bills can disrupt the financial stability of a family once added up. Therefore, by hiring an attorney, the victim’s family won’t have to worry about financial expenses anymore. The attorney will help them in recovering the monetary damages.
2. Lost Earnings
When a victim has people depending on them financially, those dependents will be left without the financial support they were used to. Wrongful deaths take place unexpectedly, which leaves the family not ready to deal with the lack of financial earnings. It can be incredibly devastating for those families that have children that depended financially on the deceased person, and now there aren’t enough savings to support them. The loss of the only bread winner of a house can be huge, and can result in the family having to sell off their homes and other assets. This is where an attorney can come handy for you. By hiring a lawyer, the deceased’s family can file a wrongful death lawsuit and claim for monetary damages to support themselves financially.
3. Pain and Suffering
Other than the financial loss, the deceased’s family also has deal with emotional scars that stay for a long time. Under the Utah code, the family of a deceased person can also claim damages for the pain and suffering caused by the defendant’s action. The family should use this money to recover emotionally and mentally, and includes therapy, counseling, etc. Even though it is never easy to deal with a loved one’s death, but punitive damages will allow the family to get counseling and therapy.
These damages help in compensating the victim’s family’s monetary losses that resulted from the death of a close person. However, this isn’t the case with punitive damages, as these damages are not claimed to compensate the victim’s family, instead they are awarded to the plaintiffs as a way to punish the defendants for their reckless or intentional behavior that resulted in causing serious injury or death to someone. It also shows that the court won’t allow such actions to be taken lightly, and justice will be served.
Are wrongful death claims handled in criminal courts?
Yes and no. When someone dies due to someone else’s behavior, the responsible party may face both criminal charges and civil liability, or they may face just one or the other.
In some cases, such as tragic accidents, the wrongdoer will not be charged with a crime. However, the wrongdoer will face consequences in civil court alone. Whereas, in other cases, including intentional torts the person is tried and convicted. Then the family can also file a wrongful death lawsuit against that person.
Civil liability is easier to prove when a person is already convicted for a crime. In some cases, there are people who are not convicted for a criminal offense, but can be found liable for wrongful death because civil cases tend to have a lower burden of proof than criminal cases. For example, if a person is charged with murder, then the prosecution will have to prove the case “beyond a reasonable doubt” for the defendant to be held guilty.
On the other hand, when someone is charged with a claim of wrongful death, the plaintiff must prove that the defendant is guilty through a “preponderance of the evidence, which means that the plaintiff must show that his or her claim is true by at least 51%. Therefore, if the plaintiff proves that his or her claim is true by 51%, then the defendant is held liable for wrongful death, and has to pay monetary compensation.
What is a survival action?
Survival actions are described in Section 78B-4-107 of the Utah Judicial Code. You can claim for damages even if the victim survives and had to live with the consequences of the defendant’s actions before dying. A person injury claim does not die with a person. Awards for wrongful death damages can occur even after the death of the person.
Survival actions are about the deceased, and not about their family members or any grief resulting from their death. As a result, any survival action you wish to pursue must be filed separately from your wrongful death lawsuit.
Who can file a wrongful death claim in Utah?
All the beneficiaries of the victim can file a wrongful death claim; however the list of beneficiaries in every state is different. Most of the states tend to give priority to the closest related people of the person who died. For example, the children and spouse of a person are the most closely related; therefore they will have priority as beneficiaries in a wrongful death claim. However, if the deceased person doesn’t have any spouse, children or grandchildren, then his or her parents and siblings are in line for filing a wrongful death claim.
As far as Utah law is concerned, all the heirs or the personal representative of the deceased person can file a wrongful death lawsuit. However, if the deceased person was under the guardianship of another, then the legal guardian of that person shall file a wrongful death lawsuit.
Now, the question arises that who will be considered as a “heir” under the Utah law. Section 78B-3-105 of the Utah Code describes the heirs of a person as;
- Spouse
- Adult children
- Parents or adoptive parents
- Grandchildren under the age of 18
- Close blood relatives who can inherit from the deceased person
Under Utah law, the heir who takes the responsibility of being the personal representative of the deceased will be known as presumptive personal representation. However, in situations where the deceased has left behind an estate plan, then he or she can appoint the personal representative beforehand who can also file a wrongful death lawsuit for the deceased.
The “presumptive personal representative” starts with the spouse. Moving down the list, each person is disqualified by being nonexistent, dead, incapacitated, or allegedly responsible for the death. The family can also choose their own personal representative to act in their place.
Time Limits when Filing a Wrongful Death Claim in Utah
The heirs must file the wrongful death claim within two years of the death, or one year if they file against the government. Each case is different, but every one has a limitation on how long the family has to file a claim.
The representative must wait 45 days until they can present a claim by affidavit to the insurance company for “up to $25,000 for liability and uninsured motorist (UM) claims and $10,000 for underinsured motorist (UIM) claims”. However, claims for personal injury protection (PIP) benefits do not have to wait for 45 days to elapse. Pursuing a wrongful death case will not affect any other case one of the heirs might have on their own behalf against the wrongdoer.
If the person injured or the person responsible for the injury dies before the settlement of any claims, the case doesn’t die. Instead, the case continues with representatives of the deceased person. They can also pursue damages for personal injury to the deceased before the death. The heirs can pursue damages either directly or indirectly from the accident up to $100,000 against the wrongdoer for the injuries sustained before death.
However, if the injured person dies six months after the accident, then the heirs can only seek payment for damages indirectly and uniquely caused by the accident, not directly, unless they have given written notice before the six months elapses. Further, if before the injured person died, he or she had settled or lost a claim or failed to file it before the statute of limitations passed, then the heirs cannot file a wrongful death claim, unless certain exceptions apply.
Can You Handle A Wrongful Death Case Yourself?
No, do not make the mistake of handling your case yourself. There are tons of legal terms, processes and documentation to understand. It can be detrimental for your case if you are doing this alone. Furthermore, filing a wrongful death suit within the time limitations is no easy undertaking. It is pertinent to note that meeting all the deadlines in a wrongful death lawsuit is incredibly important. If you fail to do so, then it can affect your case. It is better to hire a wrongful death attorney who can file your legal documents correctly. Ultimately, you want your case to be successful.
Investigating a Utah Wrongful Death Claim
One of the important steps in a wrongful death claim is the investigation of the accident. Evidence will be gathered to determine whether or not a death was a wrongful one. A wrongful death investigation requires expert knowledge and investigation.
However, you should know that not at all investigations are conducted in the same way. There will be some cases where the investigation officer will conduct a crime scene investigation. A wrongful death claim may require a homicide investigation, personal injury investigation, accident investigation or product liability investigation. Then, the investigation officer will share the information collected with the victim’s family or the survivor. It is an important step to learn what legal actions and options are available.
Why should you hire a Utah wrongful death lawyer for your family?
Lawyers specializing in the field of wrongful death cases can really prove to be beneficial for your case. They have expertise and detailed knowledge of the legal process regarding such matters. Wrongful death claims can take up a lot of time, especially if you are on your own. Not having the knowledge or experience in a specific field can consume more time in solving a case. In other words, it is better for you to hire a Utah wrongful death lawyer.
If you have lost someone close because of another person’s negligence, it is essential to contact an attorney immediately. Make sure that you get in touch with our wrongful death attorneys in Utah who will evaluate your case. We will assess the impact of the death on your family. This helps in preparing a strong case for proper compensation.
