A claim for wrongful death arises when a person dies because of the negligence or wrongful acts of another. Surviving family members often experience many forms of hardship after a wrongful death. If the deceased individual was the primary breadwinner, families may have no means by which to pay their mortgage, car payments, child care, etc. While a wrongful death lawsuit cannot begin to compensate anyone for the loss of a family member, it can relieve other, unnecessary hardships.
Typical Law Governing Wrongful Death Claims
Negligence/Medical Malpractice. A wrongful death claim can be brought on a medical professional if a death results because a doctor failed in whole or in part to provide adequate care. Here, the surviving family member must show that (1) the doctor failed to use the same degree of learning, care, and skill ordinarily used by other doctors who are in good standing and are practicing in the same field; (2) the doctor’s failure caused the death of the deceased.
Negligence/Car Accident. Car accidents frequently result in the death of those involved. In a negligence lawsuit, you must show that the driver’s failure to use reasonable care under the circumstances resulted in the death of the deceased.
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Who can Bring a Wrongful Death Claim in Utah?
The personal representative entitled to bring a wrongful death claim is the spouse of the deceased. If there was no spouse, then an adult child of the deceased may be the personal representative. If there are no adult children, then a parent of the deceased may act as the personal representative.
How are Money Damages Calculated in a Wrongful Death Claim?
Courts will look at all the circumstances that existed at the time of your loved one’s death, such as age, health, and life expectancy. In Utah, you can also consider the following:
- Loss of past and future financial support you would’ve likely received from your loved one.
- Reduced inheritance that you likely would’ve received from your loved one after he/she died.
- All other assistance or benefits you were likely to receive had your loved one lived.
- Loss of love, companionship, society, comfort, pleasure, advice, care, protection, and affection.
Call Red Law For A Consultation
Our office welcomes new clients and will always provide you with a friendly and professional attorney that will be happy to discuss your case with you. If you’d like to discuss the wrongful death of a loved one and a potential lawsuit with a Red Law attorney, please call us at 801-4770-RED or email us at firstname.lastname@example.org. In a consultation with a Red Law attorney, your attorney will provide you with a professional opinion of your case, how Red Law can help you, and a rough time frame for your potential lawsuit.