The loss of a family member is always a grievous tragedy, but the experience can be particularly devastating if your loved one died due to the negligent or malicious actions of another person. Pursuant to Utah Code section 78B-3-106, if your family member died due to the wrongful act or negligence of another person, you can pursue damages by filing a wrongful death lawsuit.
Unfortunately, the process of recovering fair compensation in a wrongful death case is riddled with legal hurdles. One small mistake could reduce the amount of compensation you recover or prevent you from recovering any compensation at all.
If you believe that your loved one was a victim of wrongful death, contact the Truman Law Firm P.C. to discuss your case. Ronald W. Truman is an accident lawyer in Utah with more than 25 years of experience. Schedule a free initial consultation today by calling 435-986-2222.
What Is the Statute of Limitations for Filing Wrongful Death Lawsuits?
Each state has a time limit for filing wrongful death lawsuits. This time limit is called the statute of limitations. If you attempt to file your lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case.
In Utah, the statute of limitations for most wrongful death lawsuits is two years from the date of the victim’s death. If you intend to file the lawsuit against a government entity, you only have one year to do so.
Can I File a Wrongful Death Lawsuit If the At-Fault Person Is Deceased?
It is often the case that a person who causes a wrongful death dies in the same accident that kills the victim. This is common in cases that involve car wrecks that take the lives of both drivers.
Pursuant to Utah Code section 78B-3-107, if you lost a family member due to wrongful death and the at-fault person is now deceased, you can still file a claim against the personal representatives of the wrongdoer.
What Damages Can I Claim in a Wrongful Death Lawsuit?
The answer to this question will depend on the specific facts of your case. In the state of Utah, the following damages may be recoverable in a wrongful death lawsuit:
- Healthcare expenses related to the deceased’s final injury or illness;
- Lost income and benefits;
- Burial and funeral expenses;
- Pain and suffering;
- Loss of guidance, care, and companionship; and
- Exemplary damages are recoverable when a defendant acts with particularly egregious behavior.
In the aftermath of your loved one’s death, it can seem impossible to focus on financial or legal concerns. Ronald W. Truman understands how tragic it is to lose a family member due to wrongful death, and he will compassionately represent your interests.
Mr. Truman graduated in the top 10 percent of his class from Brigham Young University. Call 435-986-2222 today to schedule a free initial consultation with an injury attorney in Utah.