Tooele County Wrongful Death Attorney
The accidental death of a loved one is a terrible tragedy that alters your future forever. You have a right to get answers for what happened, and to hold the guilty party accountable for their actions. You may be entitled to compensation, which can help ease the financial strain resulting from funeral bills, medical bills, and the loss of income and benefits. With more than 33 years of experience representing the children, parents, and spouses of fatal accident victims in Utah, you can rely on Tooele County wrongful death attorney Darwin Overson to help you seek justice, closure, and compensation.
Utah Wrongful Death Lawyers Handling Claims in Tooele County
Darwin Overson’s decades of experience handling catastrophic and fatal injury claims have given him extensive, nuanced knowledge of how and why preventable accidents and injuries occur. Darwin has consulted with numerous medical experts and knows just what information and evidence to focus on when developing a legal strategy for proving fault. Some common causes of accidental death in Utah include:
- Automotive Accidents — Auto accidents are a top cause of unintentional death in Utah and throughout the United States. The Department of Public Safety recorded more than 220 fatal crashes in 2014, 15 of which occurred in Tooele County. Darwin handles claims involving:
- Bicycle Accidents
- Bus Accidents
- Head-On Collisions
- Car Accidents
- Motorcycle Accidents
- Multi-Vehicle Accidents
- Pedestrian Accidents/Crosswalk Accidents
- Rear-End Collisions
- Rollover Accidents
- Subway Accidents
- Medical Malpractice — Doctors cannot always save every patient. But when a patient’s death is preventable, and is caused by inappropriate or inadequate medical care, it may be a case of medical malpractice. Malpractice can involve many types of medical and hospital errors, including:
- Dosage Errors
- Failures to Diagnose
- Surgical Errors
- Unnecessary Surgery
- Product Liability — Product liability is liability for defective consumer products that malfunction because of design defects, manufacturing defects, or other problems. All types of goods can give rise to product liability claims, including:
- Baby Products
- Ignition Switches
- Prescription Drugs
- Slip and Fall Accidents — Slip and fall accidents are often caused by property hazards. In turn, property hazards are often caused by negligent property maintenance, in which case the landlord, property manager, or other parties could be liable. Accidental falls are caused by leaks, potholes, broken tiles, poor lighting, wobbly banisters, and other hazards. They can occur in outdoor or indoor settings, including:
- Department Stores
- Grocery Stores
- Hardware Stores
- Parking Garages
Is There a Deadline to File a Lawsuit in Utah?
After losing a loved one, the most important thing is to focus on taking care of yourself and allowing yourself to mourn. While you should take your time, it’s also important to keep in mind a critical legal deadline known as the statute of limitations.
The statute of limitations is the deadline for filing a lawsuit against the person or company responsible for your loved one’s fatal accident. The Utah statute of limitations on wrongful death cases is two years, beginning from the date of the decedent’s death. If you do not bring an action within this time, your case will be thrown out, and you will lose your ability to hold the guilty party accountable and recover compensation.
What Damages Are Recoverable for a Fatal Accident or Injury?
Compensation is also described as “damages.” There are several different categories of damages, with each compensating different types of losses:
- Economic Damages — Also called special damages, economic damages seek to compensate past and anticipated financial losses. There is no limit on the recovery of economic damages in Utah. Examples of economic damages include:
- Benefits Losses
- Burial Expenses
- Funeral Bills
- Hospital Bills
- Income Losses
- Medical Bills
- Non-Economic Damages — Also called general damages, non-economic damages seek to compensate emotional anguish and physical pain. Until recently, non-economic damages for wrongful death involving medical malpractice were capped at $450,000. However, the Utah Supreme Court ruled this limit unconstitutional in 2015.
- Punitive Damages — Economic and non-economic damages are both forms of compensatory damages, so named because their purpose is to provide compensation. By comparison, the purpose of punitive damages is to punish the defendant and act as a deterrent. Punitive damages may therefore be ordered in cases where the defendant acted fraudulently, intentionally, or with extreme carelessness and disregard for safety. A portion of punitive damages are directed into a state fund.
Schedule a Free Legal Consultation with a Utah Personal Injury Attorney
Talking to an attorney is probably the last thing on your mind while you are grieving the death of a loved one. We understand completely, and encourage you to take your time. Whenever you feel ready to discuss what happened, Darwin Overson will be standing by to help evaluate whether you have a claim, and if so, how you may want to proceed with your matter.
Darwin handles wrongful death cases in Grantsville, Wendover, Rush Valley, Vernon, Ophir, Stockton, and other communities located in and around Tooele County, Utah. He can come to you if you are unable to travel.
To set up a free, completely confidential legal consultation with Darwin, call the law offices of Overson Law at (801) 895-3143. It is never too late at night or too early in the morning to call us, including on weekends. We are here to offer guidance and support while educating you about your legal rights as the surviving loved one of a fatal accident victim.