Provo Wrongful Death Attorney
Losing a loved one to the careless actions of another person is a devastating blow. While no amount of compensation can bring your loved one back, you are entitled to pursue justice to the fullest extent of the law. Overson Law, a personal injury law firm in Utah with more than 33 years of experience representing accident victims and their family members, can help you fight to recover compensation while holding the person at fault accountable for their negligence. To speak confidentially in a free consultation with a wrongful death attorney in Provo, contact the law offices of Overson Law at (801) 895-3143 as soon as possible.
When Can You Sue for Wrongful Death in Utah?
You may have a wrongful death case if the fatal accident was caused by the “wrongful act or neglect of another,” which is the definition of wrongful death supplied by Utah Code § 78B-3-106(1). Due to this broad definition, there are many different types of accidents that can create a cause of action, or grounds for filing a wrongful death lawsuit, including:
- Bicycle Accidents
- Burn Injuries
- Bus Accidents
- Car Accidents
- Dog Bite Injuries
- Medical Malpractice
- Motorcycle Accidents
- Premises Liability (Accidents on Unsafe Properties)
- Product Liability (Defective Products)
- Slip and Fall Accidents
- Spinal Cord Injury (SCI)
- Traumatic Brain Injury (TBI)
- Truck Accidents
However, in order to sue for wrongful death, you must be either the victim’s heir or personal representative. This requirement is established by the same statute.
Time Limits for Accidental Death Lawsuits in Utah
You need time to grieve, process your emotions, and be with your friends and family members after the death of a loved one. However, it is also important for you to be aware of certain legal deadlines that apply to wrongful death cases in Utah. Due to a law called the “statute of limitations,” which establishes a time frame for wrongful death actions, you must file your claim within two years of the date of death.
If you do not file your claim before the statute expires, your claim will be barred, which means you will not be able to recover compensation or hold the wrongdoer accountable for their actions. Therefore, it is critically important to speak with an attorney as soon as possible if you are considering pursuing legal action after losing a loved one in a fatal accident. The earlier you contact a wrongful death attorney in Provo, the more time will remain to investigate the accident and gather evidence against the defendant, or “tortfeasor.”
What Compensation is Available in a Wrongful Death Case?
Compensation is probably one of the last thoughts on your mind after losing a spouse or family member to a fatal injury. While no amount of money can ever return or make up for the life that was taken, compensation can help to provide care and stability for you and your family, so that you do not have to worry about how you will pay for medical bills, funeral expenses, and other financial losses. When you are already coping with such a devastating situation, debt should be the last thing you have to worry about.
Wrongful death compensation, also called “damages,” may be recoverable for current and anticipated expenses resulting from the victim’s death. Additional compensation may also be available for losses of a non-financial nature. Compensation for financial losses is called “economic damages” or “special damages,” while compensation for non-financial losses is called “non-economic damages” or “general damages.”
Examples of losses for which you may be compensated in a Utah wrongful death case include:
- Anticipated losses you are expected to sustain in the future.
- The loss of care, companionship, affection, and comfort.
- The loss of income, benefits, and other forms of financial support.
- The medical bills resulting from the fatal injury or injuries, such as surgery and hospitalization.
- The pain and suffering of the victim’s surviving relatives. You may also be able to bring a survival action for the victim’s pain and suffering.
Until quite recently, a state law limited non-economic damages in wrongful death cases involving medical malpractice to $450,000. However, in Smith v. United States (2015), the Utah Supreme Court ruled that such caps were unconstitutional. There is no Utah cap on economic damages, or compensation for expenses and financial losses, in wrongful death cases.
Provo Wrongful Death Lawyer Representing Spouses and Family Members
You deserve to see that the party at fault is held accountable for the death of your loved one. At Overson Law, we are committed to providing compassionate, dedicated, and results-oriented representation for the surviving heirs of wrongful death victims in Provo. We will work aggressively to obtain not only financial compensation, but, perhaps even more importantly, the sense of closure and peace of mind that comes from knowing justice was served.
Darwin Overson handles wrongful death claims throughout Provo, including Dixon, Edgemont, Franklin South, Joaquin, Lake View South, Provo Bay, Provost South, River Bottoms, Riverside, and Timp. To arrange a free legal consultation, contact Overson Law at (801) 895-3143. We will keep your information confidential.