West Valley City Wrongful Death Attorney
The accidental death of a spouse or family member is a devastating loss for the victim’s loved ones. When a fatal injury in West Valley City is caused by the careless or reckless actions of another person, or if a victim dies due to the negligence of a business in Utah, the victim’s surviving family members or spouse may wish to pursue a wrongful death claim or wrongful death lawsuit. In addition to providing financial compensation for medical bills, funeral costs, and other expenses, a successful lawsuit or settlement can also help to provide the survivors with greater closure and peace of mind knowing that justice was served.
If you lost a loved one to a fatal accident in West Valley City, and you believe that the victim’s death was caused by the improper actions of an individual or company, you can turn to Overson Law for answers to your questions and compassionate yet aggressive legal representation. Wrongful death attorney Darwin Overson has over 33 years of legal experience, and is qualified to handle a wide range of wrongful death claims in Utah on behalf of victims’ spouses and relatives. To speak with Darwin in a free and completely confidential legal consultation, contact the law offices of Overson Law at (801) 895-3143.
Examples of Wrongful Death Cases
In Utah, a wrongful death is defined under Utah Code § 78B-3-106(1) as a death which is “caused by the wrongful act or neglect of another,” meaning an avoidable, preventable death caused by careless, improper actions. In other cases, wrongful death is caused not by the defendant’s actions, but by his or her failure to act when action was necessary, which is called an “omission.”
Due to the broad way wrongful death is defined in Utah, there are many different types of accidents and injuries that can give rise to wrongful death litigation. Types of cases Darwin Overson handles include, but are not limited to, cases related to:
- Bicycle Accidents
- Burn Injuries
- Bus Accidents
- Car Accidents
- Construction Accidents
- Defective Products (Product Liability)
- Dog Bites
- Medical Malpractice
- Motorcycle Crashes
- Pedestrian Crashes
- Property Hazards (Premises Liability)
- Skiiing and Snowboarding Accidents
- Slip and Fall Accidents
- Spinal Cord Injuries (SCI)
- Subway Accidents
- Swimming Pool Accidents
- Traumatic Brain Injuries (TBI)
- Truck Accidents
How Much Can You Sue for Wrongful Death in Utah?
Compensation in a lawsuit is also described as “damages.” To use the term in context, a jury could award a victim damages in a certain amount.
There are several different types of damages that may be recoverable in a wrongful death lawsuit in Utah:
- Compensatory Damages – Compensation that functions purely to compensate the plaintiff for losses.
- Punitive Damages – Compensation that functions to punish the defendant, or “tortfeasor,” for his or her actions. Under Utah Code § 78B-8-201(1)(a), punitive damages may only be awarded in cases where the defendant’s actions or omissions:
- Were “the result of willful and malicious or intentionally fraudulent conduct.”
- Showed a “knowing and reckless indifference toward, and a disregard of, the rights of others.”
Compensatory damages are divided into two categories: economic (“special”) damages, which compensate financial losses, and non-economic (“general”) damages, which try to compensate other types of losses, such as the loss of support, care, and companionship. Examples of damages that are available in a wrongful death case in Utah, depending on the circumstances, may include:
- Burial and Funeral Expenses
- Loss of Companionship
- Loss of Income and Financial Support
- Medical Bills
- Pain and Suffering
Until recently, Utah capped non-economic damages at $450,000 in wrongful death cases. However, the Utah Supreme Court unanimously ruled against this cap in 2015.
Compensation in an Accidental Death Settlement
With aggressive, strategic, and persistent negotiation, it is sometimes possible to come to a favorable settlement agreement without ever needing to go to court. However, it is crucial that you are represented by a wrongful death attorney in West Valley City from the very outset of this process in order to ensure that your best interests are protected.
Darwin Overson understands the tactics that insurance companies and their attorneys use to try to avoid admitting liability and paying out on valid claims, and knows how to effectively counter these strategies while maximizing the worth of the claim. You and your family deserve to be provided for without having to worry about debt and financial hardship, and Darwin will fight tirelessly to obtain the greatest amount of compensation possible.
West Valley City Wrongful Death Lawyer for Family Members and Spouses
We know that you are going through a very painful and emotional time right now. We are sensitive to the delicate nature of wrongful death cases, and will treat you with compassion, care, and respect for your family. We are here to be your legal ally during a difficult time, making sure that your rights and financial interests are protected while answering your questions, guiding you through the process, and working to obtain the compensation you need to ensure that your family will be cared for.
Darwin Overson serves all of West Valley City, including Asbury Park, El Dorado, Granger, Granger Heights, Westridge, Westwood Acres, Willow Cove, Wood Haven, and Woodbury Estates. We want to lighten your burden in any way we can, and are happy to come to your location if you are unable to travel to our offices. To arrange a free legal consultation, please do not hesitate to contact us any time, no matter how late at night or early in the morning, by calling Overson Law at (801) 895-3143.