Coping with the loss of a loved one is an emotionally devastating experience, and the pain is only compounded when the death results from another party’s negligence or wrongful acts. In Utah, the surviving family members of the deceased can seek justice by filing a wrongful death lawsuit against the responsible party. The injury attorney Salt Lake City UT residents turn to for help is Craig Swapp & Associates. 

What Constitutes Wrongful Death?

In legal terms, wrongful death refers to situations where an individual’s death is directly or indirectly caused by the negligence, wrongful act, or omission of another person or entity. In Utah, wrongful death claims can be pursued against individuals, companies, or even government entities, depending on the specific circumstances of the incident. Examples of situations that may give rise to a wrongful death claim include car accidents caused by negligent drivers, medical malpractice that results in a patient’s death, workplace accidents due to insufficient safety measures, defective products that lead to fatal injuries, and intentional acts of violence like murder or manslaughter.

Statute of Limitations Surrounding Wrongful Death in Utah

The statute of limitations is a legal time frame that dictates when a wrongful death claim must be filed. In Utah, the general statute of limitations for wrongful death claims is two years from the date of death. If the claim is not filed within this period, the court will likely dismiss the case, preventing the family from seeking compensation. 

However, there are certain exceptions to this two-year rule. For example, if the wrongful death claim is against a government entity, a notice of claim must be filed within one year from the date of death. Consulting with an experienced wrongful death attorney is crucial to determining the applicable statute of limitations in a specific case and ensuring timely filing. The injury attorney Salt Lake City UT residents turn to for help filing on time is Craig Swapp & Associates. 

How to File a Wrongful Death Claim: A Step-by-Step Guide

Filing a wrongful death claim in Utah is a multi-step process. Initially, the claimant must determine their eligibility to file the claim. Under Utah law, the deceased’s surviving spouse, children, parents, or appointed personal representative of the deceased’s estate may file a wrongful death claim.

Once eligibility has been established, the next step is to gather the necessary documents and evidence related to the wrongful death. This may include police reports, medical records, and witness statements. Additionally, the claimant must calculate the financial and emotional damages incurred as a result of the wrongful death, such as medical expenses, funeral costs, lost wages, loss of companionship, and emotional distress.

Consulting with an experienced wrongful death attorney is a critical part of the process. The attorney will review the case, determine the best course of action, and prepare and file the wrongful death lawsuit with the appropriate court, ensuring compliance with Utah’s statute of limitations.

How an Attorney Can Help

Engaging an experienced Utah wrongful death attorney is essential for navigating the complex legal process and ensuring the best possible outcome in your case. A skilled attorney can provide invaluable assistance throughout the process, from case evaluation to negotiation and litigation. In cases involving fatal accidents, a skilled wrongful death attorney Utah can provide invaluable support, guidance, and legal representation to the victim’s family. They will thoroughly review the details of your case, determine its merits, and advise you on the most appropriate course of action. Furthermore, your attorney will negotiate with the opposing party or their insurance company in an attempt to reach a fair settlement. If negotiations are unsuccessful, your attorney will represent you in court to seek justice for your loved one.

Emotional Support in a Trying Time

In addition to handling the legal aspects of your case, Salt Lake City personal injury lawyers can provide essential emotional support and guidance during this challenging time. If you’ve lost a loved one in a wrongful death accident, seek the expertise of the wrongful death attorney Utah residents trust to help you pursue justice and compensation for your loss. Craig Swapp & Associates understands the emotional turmoil that the surviving family members face and can help navigate the legal system while being sensitive to your needs.

Understanding the Utah wrongful death statute of limitations is crucial when pursuing justice for a loved one. Knowing what constitutes wrongful death, the process of filing a claim, and the valuable support an attorney can offer will help ensure that your family’s rights are protected. If you find yourself in the unfortunate position of needing to file a wrongful death claim, it’s essential to consult with an experienced Utah wrongful death attorney as soon as possible to help you navigate the complex legal landscape and secure the compensation your family deserves. Craig Swapp & Associates has the Salt Lake City personal injury lawyers that people trust when they need reliable and competent legal representation in wrongful death cases. Contact us today for a free consultation. 

Written By: Ryan Swapp     Legal Review By: Craig Swapp