Contacting an Attorney if Your Loved One Died in an Accident

If you are faced with the unfortunate task of what to do if a loved one or someone you know has died and you believe their death was untimely or wrongful, you have a right to contact an attorney. However, there are some facts that you may want to know about wrongful death before contacting an attorney. The term “Wrongful Death” under Utah code 78B-3-106 describes wrongful death as one that is caused by the wrongful act, neglect, or default of another party. As in other states, Utah has its own set of laws governing wrongful death claims. In a wrongful death claim, the injured party is no longer able to bring his claim to court; thus, another party must do so on behalf of the injured party. In Utah, the decedent’s party’s heirs may be the person who can file a wrongful death claim on behalf of the injured party. According to Utah Code 78B-3-105, an heir is outlined as the surviving spouse, the adult children, parent or parents (including adoptive), the stepchildren if under 18 and a dependent of the deceased, and all other blood relatives listed under Utah’s inheritance law. It is important to remember that all cases have a statute of limitations in where there is a specific time frame in which you may file a claim with the courts. More specifically, in Utah, a wrongful death claim needs to be filed within two years of the deceased’s date, or when the wrongful act occurred, that had caused the death. If the wrongful death was caused by a state or government entity, the representative only has one year from the time of death or the time of discovery to file a wrongful death action. Even in cases where criminal charges are filed, a representative of the deceased party still has a right to make a wrongful death claim connected to the death. Certain damages that an heir or representative of the decedent can make a claim to in a wrongful death situation may include recovery for any funeral or burial expenses, related medical expenses, lost wages, the value of future wages and benefits lost, pain and suffering, loss of care or companionship, as well as punitive damages. If you feel that you have a wrongful death matter or are still unclear on whether you have a viable case, you may contact an attorney for a free and confidential consultation.