Wrongful Death Lawyers in Utah

Representing Clients Statewide

Everyone struggles to make sense of the events leading to a loved one’s death, especially if it was a wrongful death that was the result of someone else’s neglect, malpractice, inaction, or recklessness.

If you lost a family member due to wrongful death, the people responsible for your loss may be held accountable. At Pearson Butler, our team of lawyers is committed to fighting for families who have lost parents, children, spouses, and other loved ones.

Reach out by calling 385-444-2102 to schedule a free case consultation.

What is Wrongful Death?

Wrongful death is a legal claim that can be made when a person dies as a result of someone else's negligence, recklessness, or intentional wrongdoing. Essentially, it's a way for the surviving family members or beneficiaries to seek compensation for their loss.

In Utah, to succeed in a wrongful death lawsuit, you generally need to prove the following elements:

• Existence of a Duty: The defendant owed a duty of care to the deceased. This duty can arise from various relationships or circumstances, such as a driver's duty to operate a vehicle safely.
• Breach of Duty: The defendant breached this duty through negligent or reckless behavior. This means they failed to meet the standard of care that a reasonable person would have provided in similar circumstances.
• Causation: The breach of duty directly caused the deceased's death. There needs to be a clear link between the defendant’s actions (or lack of action) and the death.
• Damages: The death resulted in measurable damages. These can include economic damages like lost financial support or funeral expenses, as well as non-economic damages like loss of companionship or emotional suffering.

Who Can File a Wrongful Death Claim?

In Utah, the individuals who can file a wrongful death claim are typically determined by the state's laws on who has the legal right to bring such a lawsuit. Generally, the following people are eligible to file a wrongful death claim in Utah:

1. Surviving Spouse: The deceased's surviving spouse has the right to file a wrongful death claim.
2. Children: If the deceased was a parent, the children (including biological children and, in some cases, adopted children) can file a claim.
3. Parents: If the deceased was a minor or if there are no surviving spouse or children, the parents of the deceased can file the claim.
4. Personal Representative: If none of the above individuals are available or if the estate of the deceased is in the process of probate, the personal representative or executor of the deceased’s estate can file the wrongful death claim on behalf of the beneficiaries. The personal representative is typically appointed through the probate court.

Compensation in a Wrongful Death Claim

In a wrongful death lawsuit, compensation is intended to address the financial and emotional impact of the deceased's death on their survivors. The types of damages awarded can vary based on the specifics of the case, but generally fall into two broad categories: economic damages and non-economic damages.

Economic damages compensate for financial losses that can be quantified. They often include funeral and burial expenses, which can be significant and are typically recoverable in a wrongful death claim. Additionally, economic damages may cover the loss of financial support that the deceased would have provided to their family. This includes wages, benefits, and other forms of economic support the deceased would have contributed if they had lived. Compensation may also address the loss of services, such as household chores or caregiving, that the deceased provided to their family.

Non-economic damages address the intangible losses that are harder to quantify but are nonetheless deeply felt. They include compensation for the loss of companionship, emotional support, and love that the deceased provided. This also encompasses the grief and emotional suffering experienced by the survivors due to the loss. Non-economic damages aim to acknowledge and compensate for the profound personal impact the death has had on the family and loved ones.

Filing a Wrongful Death Lawsuit in Utah

At Pearson Butler, we understand that the grieving process is difficult. In these difficult moments, it is our goal to help the family of a wrongful death victim as they navigate the legal process and obtain just compensation for their loss. We understand that no amount of compensation can alleviate the grief that follows the loss of a family member, but it can bring peace of mind knowing that the at-fault party has been held accountable and can provide financial stability in uncertain times.

Insurance companies and large corporations may attempt to make you feel afraid to file a claim for damages in a wrongful death case. The attorneys at Pearson Butler are not intimidated by large or small corporations. Our attorneys have the experience and resources to assist you in holding wrongdoers accountable for your loss, no matter the opponent.

If you feel your loved one has died due to the wrongful actions of others, call Pearson Butler today at 385-444-2102 for a free consultation.