Davis County Wrongful Death Attorney
The loss of a loved one is a devastating tragedy. It is never easy to recover from a spouse or family member’s passing, especially when the death was caused by another person’s careless actions. It can feel as though there is nowhere to turn for answers and accountability, all at a time when you need support more than ever. You can depend on Overson Law to provide that support.
With over 33 years of experience handling fatal accident claims, attorney Darwin Overson will be there to provide gentle assistance and legal guidance while helping you exercise your rights as the surviving spouse, parent, or child of a wrongful death victim. Though no amount of money can ever make up for the loss of a loved one, compensation can help to alleviate the financial strain of funeral bills, lost benefits, medical expenses, and other hardships.
Utah Wrongful Death Attorneys Handling Claims in Davis County
We understand how difficult it is to talk about something as personal and painful as the death of a loved one. We encourage you to take your time and put self-care first. Just know that whenever you are ready to begin talking about the accident, wrongful death attorney Darwin Overson will be there to listen with compassion and respect for your loss.
Darwin wants to do all that he can to lighten your burden during this difficult time. He is more than willing to come to your location if you don’t feel up to traveling, and keeps an extremely flexible schedule that can bend to fit your needs. Call Darwin at (801) 895-3143 to arrange for a free legal consultation. It is never too late at night or too early in the morning to call, even on weekends.
Darwin handles cases involving many different types of accidents, including:
- Car Accidents
- Catastrophic Injuries
- Bicycle Accidents
- Bus Accidents
- Defective Products
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Swimming Pool Accidents
- Traumatic Brain Injuries (TBI)
- Truck Accidents
- Workplace Accidents
Can I Sue if My Spouse or Relative Was Killed in an Accident in Utah?
The answer to this question depends on the circumstances of the decedent’s death. It is impossible to definitively state whether or not you have a case without first reviewing your situation in a free legal consultation. With that in mind, there are some basic facts that apply to every wrongful death case.
Utah defines wrongful death as a death caused by another person’s “wrongful act or neglect,” or negligence. Negligence is a failure to exercise the caution and care required to avoid an accident. Negligence can take many different forms — for example, failing to follow traffic laws, failing to diagnose a medical condition, or failing to provide adequate property maintenance for a building.
In order to receive compensation, you will need to prove that the defendant’s negligent actions were the cause of your loved one’s death. Forms of evidence could include medical records, maintenance records, crash site analysis, photographs, eyewitness testimony, and other sources of information.
Under state law, only the decedent’s personal representative, spouse, child, stepchild, or parent may file a wrongful death lawsuit. If the suit is not filed within two years of the decedent’s death, which is a legal deadline called the statute of limitations, your case will be thrown out and you will be unable to obtain compensation.
How Much Compensation is Available?
Compensation for wrongful death and personal injury is also described as “damages.” There are several types of damages which may be awarded to the plaintiff:
- Punitive Damages — Describes compensation that is meant to punish the defendant and act as a deterrent in the future. Punitive damages are sometimes awarded in cases where the court finds the defendant committed extreme misconduct.
- Compensatory Damages — Describes compensation that is meant only to compensate the plaintiff’s losses. Unlike punitive damages, there is no element of punishment.
- Economic Damages — Also called special damages. Describes compensation for objective, financial losses, such as funeral bills and anticipated lost income.
- Noneconomic Damages — Also called general damages. Describes compensation for subjective, non-financial losses, such as the loss of companionship and parenting.
Until the recent past, Utah capped noneconomic damages in wrongful death cases involving medical malpractice. However, in 2015 the Utah Supreme Court ruled that such caps were unconstitutional, effectively removing the limits on compensation for pain, suffering, and other non-financial losses. Economic damages are not capped either. However, a portion of any punitive damages awarded above $20,000 must be placed in a state fund.
Compensation is available for various losses and expenses in a wrongful death case, including:
- Funeral expenses
- Loss of companionship
- Loss of income and benefits (e.g. retirement benefits)
- Medical bills
- Pain and suffering of the survivors
If you have recently lost a loved one, please accept our condolences. Our Utah personal injury lawyers are here 24 hours a day, seven days a week, to help you understand your family’s legal options. Call us at (801) 895-3143 for a free, completely confidential legal consultation, and we will do everything we can to help you get back on your feet.
Darwin handles cases throughout Davis County, Utah, including but not limited to Bountiful, Layton, Farmington, Clearfield, North Salt Lake, South Weber, and West Point.