West Jordan Wrongful Death Attorney
Losing a loved one to a fatal accident is one of the most painful and heart-wrenching experiences any person can ever be put through. If your spouse or a member of your family was killed in an accident in West Jordan, an experienced attorney from the Utah personal injury law firm of Overson Law can work to hold the wrongdoer accountable, while fighting to see that you and your family receive compensation for the losses and expenses resulting from the wrongful death of the victim.
West Jordan Wrongful Death Lawyer Representing Spouses and Family Members
With more than 33 years of experience handling fatal injury cases, wrongful death lawyer Darwin Overson possesses the knowledge and skill to effectively assist surviving spouses and family members with a wide range of wrongful death claims and lawsuits. Types of cases Darwin Overson handles include, but are not limited to, cases involving:
- Bicycle Crashes
- Birth Injuries
- Bus Crashes
- Burn Injuries (Chemical, Electrical, Heat/Fire, Scalds)
- Car Crashes (Head-On Collisions, Rear-End Collisions, Side-Impact Collisions)
- Dog Bite Injuries
- Intersection Accidents
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability (Injuries on Property)
- Product Liability (Defective Products)
- Slip and Fall Injuries
- Spinal Cord Injury (SCI)
- Subway Injuries
- Traumatic Brain Injury (TBI)
- Truck Crashes (Commercial and Passenger)
For a free and completely confidential legal consultation regarding a wrongful death claim in West Jordan, call the law offices of Overson Law at (801) 895-3143.
Do I Have a Wrongful Death Case?
Wrongful death has a specific legal definition. Under Utah Code § 78B-3-106(1), Utah defines wrongful death as a death that was “caused by the wrongful act or neglect of another.” If a person dies as a result of a business’ or individual’s failure to take proper actions under a given set of circumstances – for example, failing to diagnose a deadly illness, or running a red light while distracted by text messages – the victim’s loved ones may have a cause of action, or grounds to file a lawsuit for wrongful death in Utah. However, it is impossible to definitively state whether or not you have a case until you have spoken with a wrongful death lawyer in West Jordan.
Even if you are uncertain as to whether you could have a case, please do not hesitate to call our law offices for a free consultation about your legal options. We are here to help, and there is no such thing as a “bad” question.
Who Can Sue for Accidental Death in Utah?
An individual’s unexpected death can have profound effects on countless people. However, only certain people are permitted to file wrongful death lawsuits under state law. Under Utah Code § 78B-3-106(1), the only people who are entitled to bring wrongful death actions are:
- The victim’s heir(s).
- The victim’s personal representative(s), working for the benefit of his or her heir(s).
When you contact Overson Law for your free consultation, we can help determine whether you or another member of your family would be able to bring an action based on your relationship to victim, the date on which the fatal accident occurred, and other factors that impact each case.
How Much Compensation Can You Get from a Wrongful Death Lawsuit or Settlement?
A settlement agreement is the desired outcome of settlement negotiations, which take place outside of court in a more private, somewhat less formal setting. If a favorable settlement agreement can be reached, the claim is resolved and does not need to be litigated in court. However, if the defendant or “tortfeasor” is unwilling to admit liability and make a reasonable settlement offer, it may be necessary to go to trial.
Darwin Overson will work strategically to make sure that your case is resolved as efficiently as possible, but is ready to go to court if that is what is necessary to protect your interests. In either situation, Darwin’s goal is to obtain maximum compensation, so that you and your family will not have to worry about debt or financial hardship resulting from your loss.
Several different types of compensation may be available for the surviving loved ones of a fatal injury victim. Depending on the circumstances, it may be possible to recover compensation for losses of both a financial and non-financial nature, including estimated future losses. Wrongful death compensation, or “damages,” may include compensation for:
- Funeral Expenses
- Loss of Benefits
- Loss of Care, Support, and Companionship
- Loss of Income
- Medical Bills
- Pain and Suffering
Additionally, courts sometimes award punitive damages, which go further than compensatory damages like those listed above. Unlike compensatory damages, which are intended purely to compensate the plaintiff, punitive damages actually punish the defendant. Under state law, punitive damages are only available in cases where the defendant engaged in willful, fraudulent, or malicious actions, or where the defendant’s actions demonstrated a “knowing and reckless indifference toward, and a disregard of, the rights of others.”
For several decades beginning in the 1980s, Utah placed limits called “damage caps” or “damages caps” on non-economic damages, meaning compensation for non-financial losses, such as pain and suffering, in a wrongful death case. However, the Utah Supreme Court ruled against these caps in 2015. Prior to this ruling, non-economic damages were limited to $450,000.
If you believe you could have a wrongful death case involving a fatal accident in West Jordan, please do not hesitate to call Overson Law at (801) 895-3143 for a free legal consultation. If you are unable to travel to our law offices, we can come to your location.