Utah County Wrongful Death Attorney

Nothing could be more devastating than losing a loved one to a careless, preventable accident.  While nothing can undo the tragedy that has already occurred, know that you have a right to take legal action against the person or business whose thoughtless actions caused your loved one’s accident.  Utah County wrongful death lawyer Darwin Overson will be by your side at every step of the way.

Contact Our Utah Wrongful Death Lawyers for a Free Legal Consultation

With more than 33 years of legal experience, accidental death attorney Darwin Overson is ready to do all that he possibly can to help ease your burden and hold the guilty party accountable for the injustices perpetrated against your spouse, child, or parent.  Darwin understands how painful and emotional these matters are for surviving loved ones, and pledges to always handle your case with the utmost care, sensitivity, and respect for your loss.

Darwin handles cases in Provo, Alpine, Draper, Orem, Lehi, Spanish Fork, Saratoga Springs, and other communities located throughout and around Utah County.  Whenever you feel ready to reach out for legal assistance, Darwin will be there to lend his support.  Please don’t hesitate to call our law offices at (801) 895-3143 at any time, including evenings and weekends, for a free legal consultation.  We will keep your family’s information confidential.

Types of Wrongful Death Claims Our Attorneys Handle

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Wrongful death can be caused by many different types of accidents and injuries.  A death is wrongful when it was avoidable and was caused by another person’s careless, improper, negligent acts, or in some cases, the failure to act.  Some types of claims and cases Darwin handles include:

  • Slip and Fall Accidents – Slip and fall accidents are the most common type of premises liability claim. Premises liability is the idea that a property owner can be held liable for deaths caused by negligent acts, such as failure to provide adequate maintenance or to repair known property hazards.
  • Traumatic Brain Injury (TBI) – Trauma means a physical blow. The leading causes of traumatic brain injuries are car accidents, accidental falls, assaults/acts of violence, and being struck by or against objects, such as falling objects at a construction site.
  • Defective Products – Liability for fatal injuries caused by defective products is called product liability. Product liability can involve manufacturing defects, design defects, or the lack of a warning label on potentially dangerous products, which is called failure to warn.  Some items commonly involved in defective product cases include:
    • Appliances
    • Baby Products
    • Cars
    • Clothing
    • Electronics
    • Prescription Drugs
    • Toys
  • Medical Malpractice – When a doctor does not perform his or her job with adequate care, and a patient is killed as a result, it is called medical malpractice or doctor negligence. Forms of malpractice include:
    • Anesthesia Errors
    • Dental Malpractice
    • Failures to Diagnose
    • Medical Misdiagnosis
    • Medication Dosage Errors
    • Surgical Errors
  • Auto Accidents – Car crashes and other vehicular accidents are a leading cause of preventable death in the United States. Hundreds of people are killed in Utah car accidents every year.  Darwin Overson handles a range of fatal accident claims, including:
    • Bicycle Accidents
    • Bus Accidents
    • Car Accidents
    • Intersection Accidents
    • Motorcycle Accidents
    • Passenger Van Accidents

Who Can File a Wrongful Death Lawsuit in Utah? Is There a Deadline to Sue?

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While a death can deeply affect many different people, not everyone can sue over a fatal accident.  Only certain people are able to file wrongful death lawsuits in the state of Utah.  Under Utah Code § 78B-3-106, only the following people are permitted to sue for wrongful death following a preventable fatal accident:

  • The decedent’s personal representative. A personal representative is typically named in a person’s will.
  • The decedent’s heirs. Utah Code § 78B-3-105 defines “heirs” to include the decedent’s surviving:
    • Spouse
    • Parents (biological or adoptive)
    • Children
    • Stepchildren, provided they were financially dependent minors at the time of the decedent’s death

There is a very strict legal deadline for plaintiffs who intend to file a wrongful death lawsuit in Utah.  This deadline is called the statute of limitations.  Utah’s statute of limitations for wrongful death cases is two years from the date of death.  If you do not file a lawsuit within this time window, the case will be thrown out, and you will forever lose the opportunity not only to obtain compensation, but to hold the guilty party accountable for their wrongdoing against your loved one.

For both of these reasons, it is absolutely critical that you begin to examine your options early in the process.  While we absolutely encourage you to take your time and focus on getting the self-care you need, it is vital to keep the statute of limitations in the back of your mind.  The sooner we can begin reviewing your case, the more time will remain to plan a strong, comprehensive legal strategy.

While no amount of money can ever begin to make up for the loss of a loved one, compensation can help provide greater financial security for you and your children, today and into the future, aiding with funeral expenses, losses of income, and other hardships.  To start reviewing your case in a free and completely confidential legal consultation, call the law offices of Overson Law at (801) 895-3143.  Darwin can come out to your location if you would prefer not to travel.

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