Wrongful death in Utah is similar to wrongful death cases in other states. As the phrase indicates, the case is related to “wrongful” death – a death that occurred through wrong or neglectful behavior. If someone or some party behaved negligently and it contributed to an individual’s death, Utah law allows the heirs or representatives of the deceased to pursue damages based on that negligence.
At Carlson Injury, we help clients throughout Utah pursue wrongful death cases when it makes legal sense to do so. If you tell us your story and we determine that you have a viable case, we can help you hold the negligent party accountable and pursue damages on your behalf.
Wrongful Death in Utah – The Basics
Here are a few things that are helpful to understand about wrongful death in Utah:
1. The circumstances need to be similar to a personal injury case.
Personal injury law covers many different areas, but there are some significant similarities in every case. The injured party files a lawsuit against one or more parties that contributed to the injury. For example, if you were hit by another car and sustained an injury, you could file an auto accident lawsuit and seek damages. If the other party was negligent and it contributed to the accident, as long as you can prove that negligence to the court then you are likely to win the case and get damages.
In a wrongful death case, the injured party is deceased. That means that the party pursuing damages is doing so on behalf of the deceased. Otherwise, the case is similar to a personal injury case.
2. The party filing the claim must be an heir or a personal representative of the deceased.
Heirs can include a surviving spouse, children, parents, and stepchildren that are dependent on the deceased and less than 18 years of age at the time of the accident, and other blood relatives as laid out in Utah’s inheritance laws.
3. There is a statute of limitations.
Most of the time, you need to file your claim within 2 years of your loved one’s death. If you are pursuing legal action against the government, you need to file the claim within a year. However, it’s best to talk to a wrongful death lawyer about the specifics of your case as soon as possible to determine what limitations apply to your case.
Carlson Injury – Help with Wrongful Death in Utah
If your loved one died and you believe that an individual or organization was negligent in a way that contributed to that death, please contact us. You can fill out our secure online contact form or give us a call at (801) 845-4577 and we will answer all of your questions.