Summit County Wrongful Death Attorney
The preventable loss of a loved one is a devastating personal tragedy. If you believe the death was caused by another person’s careless actions, you have the right to seek justice and accountability for the terrible wrongdoing against your loved one. Attorney Darwin Overson will be there to help you understand your legal options and pursue the full compensation your family is entitled to.
Contact an Experienced Utah Wrongful Death Lawyer for a Free Legal Consultation
Darwin completely understands that dealing with legal work is the last thing you want to do when you are coping with the pain of a loved one’s sudden passing. That is why Darwin will step in to take care all of the legal work on your family’s behalf. You will always be treated with empathy, compassion, and respect for your loss while Darwin works to keep the process as simple and streamlined as possible for you and your family members.
Darwin has more than 33 years of legal experience helping surviving spouses, children, and parents fight to hold negligent individuals and businesses responsible for their actions. He has handled a wide range of accidental death cases, including claims related to:
- Bus Accidents
- Car Accidents
- Dangerous Prescription Drugs
- Defective Products (Product Liability)
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Slip and Fall Accidents
- Subway Accidents
- Swimming Pool Accidents
- Traumatic Brain Injuries (TBI)
- Truck Accidents
It is never easy to talk about losing a spouse or relative. But whenever you are ready, know that Darwin Overson will be there to provide support and help you understand the legal recourse that may be available to your family. Please do not hesitate to call the law offices of Overson Law at (801) 895-3143 for a free legal consultation, no matter how late or early it is. Darwin is available around the clock, including weekends and evenings. Your information will be kept absolutely confidential.
What is Wrongful Death, and How is a Survival Action Different?
A wrongful death is a preventable death caused by a person or company’s careless actions, or, in other cases, failures to take action. Utah Code § 78B-3-106 defines wrongful death to mean a death which is “caused by the wrongful act or neglect of another.”
The accidental death victim is known as the decedent. Only the decedent’s heirs and personal representatives have the legal authority to file a lawsuit against the person or business responsible for the death. Under Utah Code § 78B-3-105, this includes the decedent’s:
- Parents, whether biological or adoptive
- Stepchildren who were financially dependent minors at the time of the decedent’s death
A survival action is similar to, but distinct from, a wrongful death action. Wrongful death lawsuits primarily deal with compensating the decedent’s surviving beneficiaries for losses caused by the death.
By comparison, survival actions deal more with compensating that the decedent would have been able to recover had he or she survived the accident. As Utah Code § 78B-3-107 explains, “If, prior to judgment or settlement, the injured person dies as a result of a cause other than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal representatives or heirs of the person have a cause of action against the wrongdoer… for special and general damages which resulted from the injury caused by the wrongdoer and which occurred prior to death of the injured party from the unrelated cause.”
Who is Liable for Compensating the Surviving Family Members for an Accidental Death?
In order to receive compensation for wrongful death, the plaintiff must prove the defendant acted with neglect, or negligence, which means failing to take the normal safety precautions that would be expected in a given situation. Stated simply, a person is negligent when they cause an otherwise avoidable death by doing something they were not supposed to do, or by failing to do something which they should have done. When a person’s death is caused by negligence, the negligent party may be held liable for compensating the decedent’s surviving beneficiaries.
There are many ways a person can be negligent, depending on the context of the situation. For example, in the context of an automotive accident, negligence might involve failing to stop at a red light, or driving while intoxicated by drugs or alcohol. In slip and fall cases, negligence generally involves a landlord or property manager’s failure to maintain safe property conditions, leading to broken stairs, poor lighting, or other hazards causing an accidental fall.
Darwin will do everything in his power to prove that the person who caused your loved one’s accident was negligent. This process can involve consulting with experts, having wreckage analyzed, scouring medical or maintenance records, interviewing eyewitnesses, and other tactics.
If you believe that your loved one’s death may have been caused by another person’s negligent or reckless behavior, you deserve a full investigation into the accident. To arrange a free and confidential legal consultation, call accidental death attorney Darwin Overson at (801) 895-3143. Darwin is available 24 hours a day, and can come to you wherever you are located. You will never be charged any fees unless Darwin makes a recovery for you. Darwin handles cases throughout Summit County, including Park City, Coalville, Oakley, Kamas, and Summit Park.