Wrongful Death Lawyer in Provo
It is never easy to cope with the sudden loss of a loved one. However, the experience can be even more painful when family members know that the careless actions of another person caused the untimely death of their family member. Money can’t bring back a cherished family member. However, it can help loved ones cope with the financial instability caused when a loving, compassionate, and contributing family member passes away unexpectedly because of another person’s careless behavior. Unfortunately, pursuing compensation after the death of a family member can be complicated, stressful, and painful at a time when many people are particularly vulnerable. At London Harker Injury Law, our Provo wrongful death lawyers know you need support now more than ever.
Our compassionate team can provide you and your family with the legal advice you need and the support you deserve as you navigate the process of recovering compensation for the loss of your loved one. Call our office at 77CARCRASH to request a complimentary legal consultation with a Provo personal injury lawyer and share your story with our sensitive team.
What Is Wrongful Death?
When family members lose a loved one in an accident caused by the careless actions of another person, they may be able to see compensation through a wrongful death lawsuit. Yet, what is wrongful death? Utah defines a wrongful death as a death caused by a wrongful act or the neglect of another party.
To help you understand wrong death, it helps to think of these cases in terms of personal injury lawsuits. When a person is hurt in an accident caused by someone else’s careless actions, they can sue that person, seeking compensation for their medical expenses and financial losses. In some aspects, wrongful death cases work much the same way. However, the accident causes the victim’s untimely death, meaning another party must seek compensation on behalf of the deceased instead.
What types of accidents can trigger a wrongful death case? Negligence-based incidents such as car or truck accidents can lead to a wrongful death claim. A death caused by medical malpractice can also lead to a wrongful death lawsuit. Dog bites and product malfunctions can lead to wrongful death cases. Finally, victims of intentional acts, such as crimes, may also lead to wrongful death lawsuits. However, wrongful death lawsuits are civil cases, not criminal lawsuits, and result in compensation for the victim’s family, not incarceration for the wrongdoer.
Compensation for a Wrongful Death Case
The value of the compensation a family can seek in a wrongful death case varies. Although it feels impossible to put a price on losing a loved one, numerous factors can influence the value of a case, including the cause of the accident, the severity of a victim’s injuries before death, and the contributions to the family provided by the deceased. An experienced Provo wrongful death attorney can review your family’s unique situation and give you a better idea of what you may recover to compensate your family for their financial losses.
In general, most families can seek compensation for the following:
- Funeral expenses
- Burial expenses
- Medical expenses for the deceased
- Lost wages
- Loss of future wages and benefits the deceased would have provided
- Loss of inheritance
- Loss of the deceased’s counsel, advice, and affection
- Pain and suffering of the deceased1
Some families may recover money through punitive damages in specific and rare cases. Punitive damages do not cover your financial losses. Instead, they are a financial penalty against an individual when a death is the result of “willful and malicious or intentionally fraudulent conduct.”
A compassionate Provo wrongful death attorney can review your situation and help you understand what compensation may be available following the loss of a precious family member.
Who Can File a Wrongful Death Lawsuit in Provo, Utah
Each state has different laws governing who can file a wrongful death lawsuit on behalf of a deceased individual. In some states, only the personal representative of the deceased has the power to file a wrongful death lawsuit. In Utah, a wrongful death lawsuit can be filed by an individual’s personal representative or the executor of their estate. Typically, the deceased names this individual in their will.
Utah also legally allows heirs to file a wrongful death lawsuit following a family member’s passing. Family members who may file a wrongful death lawsuit on behalf of a deceased individual include:
- Surviving spouse
- Surviving children, including children legally adopted
- Surviving parents
- Surviving stepchildren, if the children were minors at the time of death and were financially dependent on the deceased
If the deceased has no personal representative or close surviving family members, other blood relatives may be able to file a wrongful death lawsuit. Additionally, when a personal representative or executor files a wrongful death lawsuit, any money recovered gets distributed to the deceased individual’s surviving family members.
What Types of Evidence Do You Need to Prove Wrongful Death?
To increase your chances of recovering compensation from a wrongful death lawsuit, you need evidence to establish liability and prove that you and your family suffered losses as a result of the other individual’s careless behavior. Gathering and preserving evidence for a wrongful death lawsuit can be challenging, especially for grieving family members, which is why it is essential to work with a knowledgeable Provo wrongful death lawyer.
A skilled lawyer has the experience and resources to investigate the cause of the accident and collect the information needed to build a substantial case. Some of the evidence that can help an attorney build a compelling case include:
- Police report
- Accident report
- Photographs and videos of the scene
- Surveillance videos
- Medical records
- Witness statements
- Financial loss documents such as funeral bills, burial costs, tax paperwork, and pay stubs
- Expert witness testimony
Other forms of evidence may be vital to your unique wrongful death case. You must work with a seasoned attorney who can identify and collect this information before it is lost or destroyed.
What Is the Deadline to File a Wrongful Death Lawsuit?
Coping with the death of a loved one can take time. They say grief has no time limit. Unfortunately, wrongful death lawsuits do. Utah limits the time a family has to file a wrongful death lawsuit on behalf of a loved one. In most cases, families have two years from the date of the individual’s death to file a lawsuit. If your case is against a government entity, you have even less time to file and must do so within one year of the date of death.
Although it can be challenging and painful for families to come to terms with their loss and file a wrongful death lawsuit, failing to meet this strict legal deadline can result in your case being dismissed by the court. When that happens, you lose the ability to recover compensation through a lawsuit and may have no other options for pursuing the money you need.
A supportive Provo wrongful death attorney can manage your case from start to finish, being mindful of all legal deadlines. Once you have an attorney working for you, you can focus on caring for yourself and your family instead of the legal intricacies involved in Utah wrongful death law.
What Can a Provo Wrongful Death Attorney Do for Your Family?
After losing a loved one, no one’s first thought is to call an attorney. You need time to sort through your emotions, grieve, and be there for your family. Unfortunately, coping with the sudden loss of a loved one is made all the more difficult when bill collectors come calling, and you’ve lost a family member vital to your household’s survival, whether that member was the main breadwinner or the primary childcare provider. Working with an attorney as soon as possible means you are getting the immediate legal advice you need and having another source of support on your side.
A compassionate Provo wrongful death attorney wants to help you recover maximum compensation for your family’s losses. However, they also want to give you the moral support to navigate this devastating time. What can a wrongful death lawyer do to help your family during this vulnerable time? At London Harker Injury Law, our seasoned legal team can:
- Offer guidance navigating Utah’s legal system
- Complete a full investigation into the cause of the accident
- Gather and preserve vital evidence
- Manage strict legal deadlines
- Aggressively negotiate to settle for maximum compensation
- Provide emotional and moral support
- Build a solid case based on evidence
- Take your case to court when necessary
Nothing can bring back your cherished family member. However, we aim to recover compensation for your loss so the financial burden of losing a family member doesn’t continue to complicate your life and take away from the grieving process.
A Compassionate Provo Wrongful Death Lawyer Can Help
When a careless individual causes a death, they deserve to be held accountable, and your family deserves compensation. At London Harker Injury Law, we have an extensive track record of helping families like yours pursue the justice and money they deserve. We’re on your side.
Contact our Provo office today to learn more about your legal rights. Call 77CARCRASH to arrange a free and confidential legal consultation.
