What Is The Process For Filing A Personal Injury Claim For A Wrongful Death In Utah?

Nobody ever wishes to lose a loved one due to someone else’s negligence. However, when such unfortunate incidents occur, you should be aware that you have the right to file a personal injury claim for wrongful death in Utah. Filing a personal injury claim is usually a complex process, and even more so when it’s for wrongful death. This article provides you with an easy-to-read guide on the process of filing a personal injury claim for wrongful death in Utah.

What is a wrongful death claim?

A wrongful death claim refers to a lawsuit filed by the plaintiff on behalf of a deceased person. The lawsuit alleges that the defendant’s conduct caused the deceased’s death. Under Utah law, a wrongful death lawsuit is usually filed by the authorized representative of the deceased person’s estate. Some examples of acts that give rise to wrongful death lawsuits in Utah include medical malpractice, car accidents, construction accidents, and defective products.

Who is entitled to file a wrongful death claim?

Under Utah law, the representative of the deceased person’s estate typically files a wrongful death lawsuit. The estate representative may be either an individual or a company. If the deceased had a will or trust, the executor or trustee will typically handle the lawsuit. If the deceased did not leave a will or trust, the court will appoint a representative.

What damages can be recovered in a wrongful death claim?

The damages that can be recovered in a wrongful death lawsuit in Utah include economic damages and non-economic damages. Economic damages are recoverable if the deceased was the breadwinner of the family. These damages may include medical expenses, burial and funeral expenses, lost wages, and loss of future earnings. Non-economic damages, on the other hand, are intended to compensate the family for the pain and suffering they experienced as a result of the death of their loved one. These damages include loss of companionship, loss of consortium, and emotional distress.

Steps to filing a personal injury claim for wrongful death in Utah

Filing a personal injury claim for wrongful death in Utah involves several steps, including:

Hire an attorney

The first step in filing a personal injury claim for wrongful death in Utah is to hire an experienced attorney. A wrongful death attorney is familiar with the legal processes and paperwork required to file a claim in Utah. The attorney will help gather evidence, deal with the insurance company, and liaise with the court on behalf of the deceased’s estate.

Evidence

The attorney will help to gather the necessary evidence to support your claim. This includes medical records, police reports, photos of the accident scene, and witness statements. These pieces of evidence will help to establish the defendant’s liability.

File a complaint

The next step in the process is to file a complaint or a petition in a Utah court, stating that the death was as a result of the defendant’s negligence.

Serve the defendant

After filing the complaint, the defendant must be served with the documents in a manner appropriate under Utah law. The defendant will have a chance to respond to the claim.

Investigation

Both parties will investigate the facts of the case. This includes interviewing witnesses, deposing experts, and examining the evidence.

Negotiation or trial

The attorneys for both parties may negotiate a settlement, or the case may go to trial. If the case goes to trial, a judge or jury will hear the evidence presented by both parties. The judge or jury will then decide if the defendant is liable and the amount of damages to be awarded.

Conclusion

Filing a personal injury claim for wrongful death in Utah is a complex process that requires experienced attorneys. Hiring an attorney ensures that you have the necessary legal guidance and support to file a successful claim. While monetary compensation cannot bring back your loved one, a successful wrongful death claim can help ease the burden of financial struggles caused by the death.

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