What is a wrongful death lawsuit and how do I know if I have a case?
“Our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.”
— Benjamin Franklin
Did you experience the loss of a family member and are curious to know if you have a wrongful death lawsuit in Utah? This page explains the basics of wrongful death cases as well as medical malpractice, civil rights, product liability and personal injury lawsuits more broadly. This is not intended as legal advice, but it can be used as guidelines to understand the law in Utah if you are looking for an attorney in Utah.
Unfortunately, death is a part of life, and we all experience the loss of people we love during our lifetimes. Some deaths, however, could have been avoided, and it causes a major disruption in the lives of their remaining family. While a lawsuit cannot bring that person back, it can help make up for what your family lost in terms of income, pain and suffering, and companionship.
If you believe you have a wrongful death lawsuit in Utah and need an experienced lawyer, our attorneys at Sykes McAllister Law Offices are here to help.
How do I know if I have a wrongful death lawsuit in Utah?
We all come face to face with death, however, sometimes death occurs due to someone else’s negligence. Wrongful death lawsuits have the following things in common:
A direct family member died due to someone else’s negligence. With few exceptions, the law does not allow unmarried couples to sue for the loss of a partner or distant relatives to sue on behalf of a lost loved one.
It is possible for the courts to provide a remedy. Although you may have lost someone through someone else’s negligence and you have experienced damages, there needs to be a way to recover damages from the responsible party.
Wrongful death cases come in many forms and can occur in many kinds of lawsuits. This includes car accidents, civil rights violations, medical malpractice, personal injuries, etc. Depending on the circumstance, the responsible party might have car, medical malpractice or homeowners insurance, or they might have an asset to satisfy the demand.
What does Utah law say about wrongful death lawsuits?
Before seeking out a wrongful death lawyer in Utah, you should know something about Utah’s statute of limitations:
According to Utah Code Annotated §63G-7-402, notice of any claims against a government entity, employee or agency must be given within one year.
Notice of all other wrongful death claims (i.e., that aren’t against a government agency or employee) must be given within two years. Utah Code Annotated §78B-2-304 (2).
What this means:
This means if you were injured due to a government actor’s negligence, you would typically only have one year to bring a case.
If you have a claim for wrongful death against a private individual or entitity — you have two years to bring a suit.
Sometimes it is unclear who is liable and, thus, how much time you have to file a lawsuit. So it is important to contact an attorney as soon as you are aware of your injuries.
Are some people immune from wrongful death lawsuits in Utah?
In the case that the death was caused by the negligence of the government or government employee (such as a prison death, police brutality, or car accident with a government vehicle), the government actor or agency might have immunity from certain kinds of lawsuits. Because of this and a potentially short statute of limitations, it’s important to talk to an attorney right away.
What can I expect when I sue for wrongful death in Utah?
Suing for a wrongful death can often feel like adding insult to injury. Lawsuits take time, patience and usually only compensate you for what you lost in terms of lost hours at work, medical bills, companionship etc. Nevertheless, when you have the right attorney, you are in good hands.
When you sue for wrongful death in Utah, your attorney will walk you through the process. It will look something like this:
You meet with an attorney to discuss the details of your case. They will want to know when and where it happened, who was involved, and what kind of evidence is available to you.
The investigation phase. If an attorney believes you may have a case, they will start gathering evidence and information to build the case. This is done by gathering police reports, photos, videos and whatever is available. Your attorney may also conduct interviews as part of the investigation.
Pre-litigation. Your lawyer will first look to see if they can settle your case out of court. If the case cannot be settled, they might advise you to file a complaint.
Filing the lawsuit. Once all the evidence is collected, if your attorney believes you have a case, they will file a complaint with the court. The relevant parties will also be served a copy of the filing.
Litigation. After a case is filed, formal discovery will be conducted. This may include written disclosure of witnesses and evidence, written requests for documents or information, and depositions. If your case is unable to be resolved during the discovery process, you will need to go to trial. During the trial, your attorney will present your case to the court, and a jury will make a determination on the case.
The appeals process. Sometimes the court will rule against you. In that case, your attorney will want to take another look at the ruling and decide if there is a way to appeal it to a higher court.
What should I do if I believe I have cause for a wrongful death lawsuit?
If you lose a family member and believe it was caused by negligence, you can do the following.
Allow yourself to grieve, but don’t let resentment get to you: It is okay to grieve after losing a loved one. Nevertheless, avoid threatening to sue, blaming the responsible party, declaring vengeance or posting to social media.
Ask for help: If you are struggling with feelings of resentment, turn to a friend, a trusted religious leader and/or a therapist who can help you through your grief. Resentment will only make you miserable and, in extreme circumstances, can hurt your case.
Gather evidence: Get a hold of as many medical records, bills and police reports (if applicable) as you can. These will help your lawyer as they piece together what went wrong.
Keep track of medical and funeral costs: Whether your case settles or goes to trial, your lawyer will need to determine how much to ask for as a remedy for your damages. The attorney will usually ask for an amount that covers your medical damages, pain and suffering you experienced, and, occasionally, punitive damages to deter an action from happening again.
How do I find a lawyer in Utah to handle my wrongful death lawsuit?
If you believe you have a wrongful death claim, the first step is to contact a lawyer in Utah as soon as possible. They will review your situation, determine if you have a claim, and advise you on the potential remedies available.
Losing a loved one is hard — especially if the death could have been avoided. With the right legal team, it can be made just a little easier. If you need a wrongful death lawyer in Utah, contact Sykes McAllister today.