Wasatch County Wrongful Death Attorney

Nothing is more devastating than the untimely loss of a loved one, particularly when their accident was caused by another’s careless acts.  It can feel as though there is no one to help you and nowhere to turn.  But know the attorneys of Overson Law will be there to provide gentle, compassionate legal support for you and your loved ones.

While no amount of money can ever make up for what has happened to your family, compensation can help to alleviate the financial hardships caused by the loss of a spouse or relative, such as funeral expenses, medical bills, and the loss of income and benefits.  Whenever you are ready, our legal team will be waiting right here to help you exercise your family’s legal rights.

Wrongful Death Lawyers in Heber City, Utah

personal injury attorney

Utah wrongful death attorney Darwin Overson handles cases in Wasatch County and the surrounding communities, including Heber City, Daniel, Midway, Charleston, Timber Lakes, Hideout, and Wallsburg.  With more than three decades of experience litigating wrongful death lawsuits and handling out-of-court settlement negotiations, Darwin is prepared to face any legal challenge on your family’s behalf, no matter how much work and investigation it takes to uncover the truth.  Darwin has experience handling wrongful death claims involving:

  • Bicycle Accidents
  • Bus Accidents
  • Car Accidents
  • Dangerous Prescription Drugs
  • Dental Malpractice
  • Medical Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Recalled and Defective Products
  • Slip and Fall Accidents
  • Spinal Cord Injuries (SCI)
  • Subway Accidents
  • Swimming Pool Accidents
  • Traumatic Brain Injuries (TBI)
  • Truck Accidents
  • Work-Related Injuries

Darwin understands what a painful time you and your family are going through right now.  You will always be treated with respect for your loss, and Darwin will do everything in his power to make the legal process as simple and unobtrusive as possible for you.  If you don’t feel up to traveling, Darwin is more than willing to come to your location.

To set up a free consultation with Darwin, call the law offices of Overson Law at (801) 895-3143, any time of day or night.  Your information will be kept confidential.

When Can You Sue for the Death of a Spouse or Family Member?

utah wrongful death

An accidental death is considered a wrongful death when it was caused by another person or company’s “wrongful act or neglect.”  This means a death caused by negligence, which is the failure to take the precautions that were necessary to avoid a preventable accident.

In order to receive compensation, the plaintiff must prove the decedent’s death was caused by the negligent actions of another party, which might be a business or an individual.  Evidence of negligence could include eyewitness testimony, expert testimony, maintenance logs, medical records, lab analyses, and other sources of information.

Under state law, only the decedent’s surviving spouse, child, stepchild, biological parents, adoptive parents, or personal representative may bring a wrongful death action.  If the decedent had a will, a personal representative may be named therein.  If a lawsuit is not filed within two years of the decedent’s death, the case will be thrown out and your family will not be able to obtain any compensation.  This is due to a deadline called the statute of limitations, which in Utah is two years for wrongful death cases.

What Compensation is Available for Surviving Relatives?

Compensation awarded in an accidental death or personal injury lawsuit is also called “damages.”  There are two basic types of damages which may be recoverable in a wrongful death case: compensatory damages, which are strictly meant to compensate the survivors, and punitive damages, which courts sometimes order in cases where the defendant engaged in egregious (extreme) misconduct.

There are two types of compensatory damages: economic damages (also called special damages), and noneconomic damages (also called general damages).  Put simply, economic damages compensate financial losses, while noneconomic damages attempt to compensate physical and emotional pain.  The decedent’s surviving beneficiaries may be compensated for past and anticipated costs and losses including:

  • Funeral and burial expenses
  • Loss of companionship/consortium (marital relationship)
  • Loss of income and benefits, such as retirement benefits
  • Medical expenses
  • Pain and suffering of surviving beneficiaries

Until very recently, Utah capped noneconomic damages in malpractice-related wrongful death cases at $450,000.  However, the Utah Supreme Court ruled that this cap was unconstitutional in 2015, thereby removing the limits on noneconomic damages.  There are also no caps on economic damages.  However, a portion of punitive damages over $20,000, if awarded, must be paid to a state fund.

This is a lot of new information to take in all at once.  Don’t worry if there are aspects you don’t completely understand, or still have questions about.  That is exactly what we are here to help you with, 24 hours a day, seven days a week.

Contact A Utah Wrongful Death Lawyer of Overson Law, PLLC

We know what a deeply difficult time you and your loved ones are going through right now.  Don’t feel bad about calling us late at night or early in the morning, or worry about having “too many” questions.  We want to do all that we can to help you understand the legal options that may be available to you and your loved ones, so that you can make an informed decision about what’s best for your family going forward.

To arrange a free and confidential legal consultation, call Wasatch County wrongful death lawyer Darwin Overson at (801) 895-3143 any time, including late nights and weekends.  Darwin can help answer your questions and explain the next steps.

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