A large number of people die in truck accidents every year in Utah. If your family member died because of a wreck with an 18-wheeler or other large truck, you have the right to sue on behalf of his or her estate. While money will not bring back the deceased, it will ensure that your family is protected and that you don’t lose the things your loved one worked so hard for.

If someone dies as the result of someone else’s “wrongful act or neglect,” it can be considered a wrongful death in Utah. These cases are complex, and working with a Salt Lake City truck accident wrongful death lawyer from Craig Swapp & Associates will increase your chances for a successful outcome.


Who Can File a Wrongful Death Lawsuit in Utah?

The heirs of the deceased may file a lawsuit. This can include a spouse or children. If the heirs have a personal representative or guardian (as is common with minors), the personal representative can sue the negligent party on their behalf. The lawsuit just needs to be filed before the statute of limitations has been reached, which is two years for wrongful death in Utah.

Certain circumstances also allow for the parents of the deceased or other close relatives to file a lawsuit.


Determining Who Was Responsible

One of the most important things your Salt Lake City truck accident wrongful death lawyer will do is identify the negligent party. We need to prove who caused the accident and how because another party needs to be more negligent than the deceased in order to sue for damages.

With a truck accident, the driver, the trucking company, or both may be responsible for the crash. If the trucking company did not properly maintain the truck or provide the driver with adequate training, they have liability for what happened. Simultaneously, if the driver made irresponsible or reckless choices, they could be directly to blame for the crash.

We will sort through both what happened and all the available evidence, identify who was responsible, and ensure that all appropriate parties are named in your wrongful death lawsuit.


Gathering Evidence

To prove negligence, we will need to gather evidence that indicates what led to the truck crash:

  • Accident reports
  • Photographs and video of the scene, injuries, and vehicle damage
  • Witness testimony
  • Medical records related to the accident

We may also require the other party to answer interrogatories, along with answering questions while under oath during a deposition. All of this combined will serve as the evidence necessary to prove the case against the negligent driver or trucking company for your loved one’s wrongful death.


Determining the Value of a Wrongful Death Claim

When someone dies prematurely due to the negligence of others, it is important to properly calculate the amount of compensation the family should be entitled to.

One factor to consider is the level of financial support the deceased was providing. For example, if there are children who are still minors, those children would be far more dependent on the deceased’s income than adult children would be. All of these aspects must be properly accounted for:

  • How much money the deceased was earning and was likely to earn throughout his or her remaining life
  • The amount of money required to support the household with the same standard of living
  • Educational expenses for children
  • Medical expenses
  • Pain and suffering
  • And more

Each case is unique, so we encourage you to schedule a free consultation to discuss what the true value of your wrongful death claim might be.


Experienced Legal Help from a Salt Lake City Wrongful Death Lawyer

The attorneys at Craig Swapp & Associates understand how challenging this time can be and are here to help reduce your burden. By filing a wrongful death case on behalf of your deceased loved one, we can help protect your family and your standard of living.

To get the help you need, call 1-800-404-9000 or submit the form below.