Losing a loved one is one of the most devastating experiences anyone can endure. When that loss is caused by someone else’s negligence or wrongful actions, the emotional and financial impact can be overwhelming. At Parker & McConkie Personal Injury Lawyers, we understand the grief and confusion that come with the death of a loved one. It can be especially difficult in situations where the loss could have been prevented. If you are in Provo, Utah, and believe your loved one’s death was caused by the negligence of another party, you may be entitled to compensation under Utah’s wrongful death laws.
Our Provo wrongful death lawyers are committed to providing compassionate legal support to our clients. We will fight tirelessly for the justice your family deserves. We understand how difficult this time can be and are here to guide you through the legal process with sensitivity and care.
Contact us today at (801) 876-4107 to schedule a free consultation with a Provo bicycle accident attorney. Let us help you focus on your recovery while we take care of the rest.
How Parker & McConkie Personal Injury Lawyers Can Help After a Wrongful Death in Provo, UT
The aftermath of a wrongful death in Provo, UT, can be challenging to navigate. At Parker & McConkie Personal Injury Lawyers, we stand by your side. Our team will offer experienced legal support and guidance. Here’s how we can help:
- Thorough investigation: We begin by gathering critical evidence, including police reports, witness statements, medical records, and expert opinions, to establish the cause of the death. Our team works diligently to uncover the facts and identify all responsible parties.
- Identifying liable parties: A wrongful death claim may involve multiple parties, including drivers, employers, manufacturers, or even government entities. We leave no stone unturned in determining who should be held accountable for your loved one’s death.
- Dealing with insurance companies: Insurance companies often try to minimize payouts or shift blame onto victims. Our firm handles all communications with insurers and aggressively negotiates to ensure your family receives the compensation you are entitled to.
- Taking your case to court: If a fair settlement cannot be reached, we are prepared to take your case to court. Our experienced wrongful death attorneys have a proven track record of success in Utah courtrooms and are ready to fight for you.
At Parker & McConkie Personal Injury Lawyers, our goal is to secure justice for your loved one and provide financial relief to your family during this difficult time. Our work will never take the pain of your loss away, but it can honor the legacy of your loved one by holding the responsible party accountable to the fullest extent of the law. Get in touch today for a free consultation with a Provo personal injury attorney.
What Is a Wrongful Death Case in Utah?
In Utah, a wrongful death claim is a civil lawsuit brought by the family members or loved ones of a deceased person. The deceased person must have died as a result of someone else’s negligence, recklessness, or intentional wrongdoing. The purpose of a wrongful death lawsuit is to seek compensation for the financial losses and emotional suffering caused by the loss of a loved one.
Wrongful death claims can arise from a variety of circumstances, such as:
- Car accidents caused by a reckless or negligent driver
- Medical malpractice resulting in misdiagnosis or errors in treatment
- Workplace accidents involving unsafe working conditions
- Defective products that cause fatal injuries
- Criminal acts, such as assault or homicide
If you suspect your loved one’s death resulted from another’s negligent actions, you may have a wrongful death claim. It’s important to consult with an experienced attorney to explore your legal options.
Who Can File a Wrongful Death Claim in Utah?
Under Utah law, the following individuals may file a wrongful death claim:
- Spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased (if no spouse or child exists)
- Personal Representative of the deceased person’s estate (in cases where the deceased person did not leave a surviving spouse or children)
The individuals filing the wrongful death claim can seek compensation for various types of damages. This compensation can assist grieving families with funeral expenses, medical costs, and lost income moving forward.
What Damages Can You Recover in a Wrongful Death Case in Utah?
The damages that can be recovered in a wrongful death case are designed to compensate surviving family members for both the financial and emotional toll of the loss. Damages you might be entitled to include economic and non-economic damages.
Economic damages provide compensation for the concrete losses stemming from a wrongful death, including:
- Funeral and burial costs: These expenses are often considerable and can be covered by a wrongful death claim.
- Medical expenses: Any medical costs related to the deceased’s final injury or illness, including hospital bills, surgeries, and rehabilitation efforts.
- Lost wages and earning potential: If the deceased was the primary breadwinner, their family may be entitled to compensation for the loss of their financial support and future earnings.
- Loss of household services: Compensation for the deceased’s role in maintaining the home, caring for children, or performing other services that the family will now have to pay for or manage without their assistance.
Non-economic damages provide financial recovery for the more intangible, subjective losses stemming from wrongful death, including:
- Pain and suffering: Though difficult to quantify, the emotional suffering of the surviving family members can be considered. This includes the grief, sadness, and emotional distress caused by the loss of a loved one.
- Loss of companionship: The loss of a spouse or parent can be devastating. This type of compensation is for the emotional and familial connection that has been severed.
- Loss of guidance and support: The surviving family members may also be entitled to compensation for the emotional guidance and support that the deceased would have provided, especially if they were the head of the household.
Punitive Damages
In certain rare cases, if the defendant’s conduct was grossly negligent or intentional, the court may award punitive damages. These damages are not available in every instance. When awarded, these damages are designed to punish the defendant and prevent similar bad conduct from happening ever again.
At Parker & McConkie Personal Injury Lawyers, we will work diligently to ensure your family receives full compensation for your losses. We understand the difficulty of this process, and we are committed to obtaining justice for your family.
What Are the Time Limits for Filing a Wrongful Death Claim in Utah?
In Utah, the statute of limitations for wrongful death claims is two years from the date of the death. This means that the surviving family members must file the claim within two years. If they fail to do so, they could lose the right to pursue compensation and justice.
It’s important to consult with a wrongful death attorney as soon as possible. This will help ensure that your case is filed on time. Delays in filing may result in lost evidence, which can harm the integrity of your case.
Can I Recover Compensation if the Victim Was Partly At-fault for the Accident?
Utah follows a modified comparative negligence standard. This rule states that you can still recover compensation so long as you are not mostly responsible for the accident. In a wrongful death situation, as long as the deceased victim is less than 50% responsible, you can still recover compensation. However, the final damage award will be reduced in proportion to the responsibility assigned to the deceased victim.
For instance, if your total damage award is $100,000, but the deceased victim is found to be 20% at fault, the damage award would be reduced to $80,000.
It is a common practice for insurance companies and defendants to attempt to blame the victim for an accident. Our Provo wrongful death lawyers are familiar with these defense strategies. We will push back against any attempt to blame your loved one for the accident so we can preserve your entitlement to maximum compensation under the law.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Provo, UT?
At Parker & McConkie Personal Injury Lawyers, we understand the financial strain that comes with losing a loved one. That’s why we offer our wrongful death services on a contingency fee basis. This means that you don’t pay any upfront fees. We only collect a fee if we win your case and secure compensation for your family. Our goal is to make sure that you receive the best legal representation, regardless of your financial situation.
Contact Our Provo Wrongful Death Lawyers for a Free Consultation Today
If you’ve lost a loved one due to someone else’s negligence in Provo, UT, you deserve justice. Parker & McConkie Personal Injury Lawyers is here to assist you in seeking the compensation your family needs and deserves. We understand what it takes to prove a wrongful death claim. We will provide compassionate support and guidance at every stage of the process to ensure your case is set up for success.
Contact us today for a free consultation with a Provo wrongful death lawyer. Let our experience be an ally. We will fight for your rights so that you can focus on healing and honoring the memory of your lost loved one.
