What Is a Wrongful Death Case Worth In Utah?
No death ever feels right to those left behind, but in legal terms, a wrongful death is one that directly results from someone else’s careless, reckless, or wrongful actions. When a loved one’s death was preventable if only someone else had taken reasonable care, close family members may recover compensation for their damages through a Utah wrongful death claim against the responsible party.
Although financial compensation cannot return the lost loved one, it relieves the associated financial consequences, prevents economic hardship, and helps surviving family members feel a sense of financial accountability and justice. A Salt Lake City wrongful death lawyer can provide you with the legal assistance you need to get the justice your loved one deserves.
Call (385) 404-6398 today for a free consultation.
Who Pays Compensation In a Wrongful Death Claim In Utah?
Most wrongful death claims are direct claims against the appropriate insurance company of the person, company, or other party responsible for the death. For instance, an auto insurance policy after a car accident or malpractice insurance after a death caused by medical malpractice. Less commonly, a wrongful death case becomes a direct lawsuit against the liable party.
When the circumstances of the death are such that the decedent could have filed a personal injury claim had they survived the injury, a close family member may recover compensation for the economic and emotional damages caused by the death.
Understanding the Value of a Utah Wrongful Death Claim
No two payouts on a wrongful death claim are the same, just as the impact of a death is different for every family depending on the circumstances. Base on Utah law, wrongful death claims commonly results in compensation for a family’s damages such as the following:
- Reimbursement for medical expenses incurred for the injury before the death (spinal injuries or head trauma, etc…)
- Funeral and burial costs
- Lost wages if a family member lost time from work due to the death
- Compensation for the decedent’s lost income for the number of working years they had remaining to them had they not died
- Compensation for the loss of household service, such as caring for the home and children, home repairs, and lawn maintenance, depending on the circumstances
- Compensation for grief and anguish
- Compensation for the loss of companionship and consortium
- Compensation for loss of parental guidance and support
Less commonly, a close family member may seek and recover punitive damages in a Utah wrongful death claim. Punitive damages serve to punish the wrongdoer and are only available in cases of egregious wrongdoing that led to a death, including intentional murder, violent assault, or road rage car accidents.
Who Can Recover Compensation In a Utah Wrongful Death Case?
In Utah, only a close family member who suffers economically from a loved one’s death may file a wrongful death claim. Typically, this is the spouse, an adult child, or a parent. It may also be the decedent’s personal representative or the executor of their estate who then distributes the wrongful death compensation awarded to the closest surviving family member.
In many cases, the personal representation named in the will and the closest family member—like a spouse—are one in the same. A personal injury attorney in Salt Lake City will understand the intricacies and specific laws in a case like this, so contact us today to pursue compensation.
How Can a Utah Wrongful Death Attorney From Handy & Handy Help?
A wrongful death case is a challenging undertaking, especially if you are also dealing with the intense grief of a sudden loss and helping your grieving family members. Call Handy & Handy Attorneys at Law at (385) 404-6398 or contact us online to speak to a wrongful death attorney who can give your loved one back their voice and bring your family the compensation and sense of justice they deserve.