Salt Lake Wrongful Death Attorney
What is Wrongful Death?
A wrongful death is caused by the "wrongful act or neglect of another" such as, but not limited to, medical malpractice, auto accidents, defective or faulty products, or exposure to hazardous materials. If you have lost someone because of the poor actions of others, then you may be entitled to a legal claim on behalf of that person.
It is vital that you hire an experienced salt lake wrongful death attorney to make sure you understand your rights as well as help you navigate the legal process.
Important Details About Wrongful Death Cases
Wrongful death cases are the result of an individual or a family member being killed as a result of somebody else's negligence. They have two general components:
- Wrongful Death Claim
Heirs are entitled to bring a wrongful death claim on behalf of themselves.
- Survival Action
Claim that is brought by the decedent. This claim can be filed for the victim's suffering between the time of an accident and the time of the decedent's death. This claim does not dissipate at the time of death. At the time of death, the heirs are entitled to bring an action to recover damages associated with the decedent's suffering. This action survives after the death of the decedent, which is why it is called a survival action.
A wrongful death action often requires the appointment of a personal representative before the action can be prosecuted. In the state of Utah, if there is a spouse they are considered the default or de facto or presumptive personal representative.
Do Wrongful Death Cases Have a Time Limit? Utah Statute-of-Limitations
Wrongful death cases in Utah have a shortened Statute-of-Limitations. Cases must generally be brought within two years. If there is a question of a governmental entity being liable, a notice of claim must be filed within one year.
Because of the shortened Statute-of-Limitations and the overall complexity of wrongful death cases in the state of Utah, plaintiffs should contact an attorney as early as is practicable.
How to Win a Wrongful Death Case
An experienced wrongful death attorney can be invaluable to wrongful death victims. Seasoned lawyers will understand the complexities of the details involved. Maximum settlements and awards require thorough consideration of the earnings the victim should have made, what their consumption would have been on those earnings, the impact on dependent children or dependent parents and many other factors. Every case is unique and each one requires a comprehensive core of legal knowledge in order to move forward toward an equitable resolution.
Do I Have a Viable Wrongful Death Case?
How can you know if your case is viable? That requires an expert legal analysis to determine whether or not another person was at fault for the death.
As a Salt Lake wrongful death attorney who has recovered millions of dollars for clients, my office can help you navigate the hurdles and answer questions associated with recovering your damages.
If you are a legal heir of this person and you would like to discuss your case with an attorney, contact Conrad Law, P.C. for a free consultation.