Salt Lake City Wrongful Death Lawyer
The loss of a loved one can easily be the most painful time in a person’s life, especially when it happens suddenly and without warning. It’s even more heart-wrenching when your loved one was killed as the result of the negligent act of another. Life as you know it will never be the same.
Although there is no amount of money that could bring back your loved one or ever replace what your family has lost, the person responsible for the accident deserves to be held accountable. A Salt Lake City wrongful death lawyer from Craig Swapp & Associates can help you achieve justice against the negligent party and obtain the compensation you deserve for your losses.
Wrongful Death Is Painful
Whether your loved one passed away in a motor vehicle accident, due to a defective product, or from medical malpractice, the financial devastation it leaves can be devastating, especially when the victim’s income is necessary for your family to make ends meet.
A wrongful death lawsuit is a civil case filed against a person or business that was legally responsible for causing the victim’s death. The act that caused or contributed to the death can be the result of the following:
- Negligent or careless conduct, such as medical malpractice
- A reckless or grossly negligent act, such as a car accident caused by a driver under the influence of alcohol or drugs
- An intentional act, such as an assault
- Defective product design
The Duty of Care
Like personal injury lawsuits, wrongful death lawsuits are based on the principle of negligence and hold a defendant to the same legal standard. To win a wrongful death suit, your Salt Lake City wrongful death lawyer must prove a number of points:
- A duty of care was owed to the deceased victim
- That the duty of care was violated by the defendant
- That the defendant’s breach directly caused the death or fatal injury
- That the plaintiff suffered damages as a result of the wrongful death
Who Can File a Wrongful Death Lawsuit in Utah?
When a loved one is killed in an accident, close family members of the deceased, such as a spouse, parent, or child, can file a wrongful death lawsuit on the deceased’s behalf. If the victim named a specific individual as his or her estate’s personal representative, that person may also file.
There are also circumstances that may allow stepchildren and other blood relatives to file suit. Your Salt Lake City wrongful death lawyer will help you determine if you are eligible should there be any uncertainty in your case.
Damages for a Wrongful Death Claim
What can be recovered through a wrongful death lawsuit largely depends upon the damages suffered by the victim and his or her family, which may include the items listed below:
- Medical expenses
- Funeral and burial costs
- Loss of companionship or parental guidance
- Loss of services, such as childcare or housekeeping
- The mental and emotional anguish of the family
- Lost financial support, including insurance or pension benefits
When your Salt Lake City wrongful death lawyer can prove that the defendant caused death through intentional or grossly negligent conduct, punitive damages may also be awarded.
Utah Statute of Limitations for Wrongful Death
Just like with personal injury claims, there is a statute of limitations for wrongful death lawsuits in Utah. In order to seek financial compensation, you will need to file your claim within two years of the deceased’s date of death.
This time constraint is reduced to just one year if a government entity was responsible for the accident.
Either way, you’ll want to contact a Salt Lake City wrongful death lawyer from our office as soon as possible. Collecting evidence, contacting witnesses, and developing a case all take time, and it’s always easiest in the time immediately following the accident.
Work with a Qualified Salt Lake City Wrongful Death Lawyer
We understand that your loss can have a profound effect on your family’s wellbeing. A Salt Lake City wrongful death lawyer from Craig Swapp & Associates can help you seek the compensation that your family is depending on.
We offer all new clients a free, no-obligation consultation, so there’s absolutely no risk in coming in and finding out what we can do for you. Call 1-800-404-9000 today or complete the form below to speak with a compassionate Salt Lake City wrongful death lawyer.