INVOLVED IN A PROVO, UT WRONGFUL DEATH CAR ACCIDENT. CALL/TXT (801) 373-6345.
Provo, Utah car accidents causing wrongful death have unique aspects to them. Here are a few aspects why hiring a Utah wrongful death attorney for your car accident matters.
Shorter Statute of Limitations for Wrongful Death—2 years. Normal car accident causing bodily injuries have a four year statute of limitations. Wrongful death cases must filed within two years of the accident causing event. If you blow the statute of limitations your case is over.
Wrongful Death Statute of Limitations Against the Government—1 Years. If you are suing the government, federal or state there are even shorter statute of limitations and tricky notice of claim requirements that you must follow or forever lose your claim. If you are bored at night and want to read the Utah Governmental Immunity Act, it can be found at Utah Code
Policy Limits Problems. Most car insurance policies have completely inadequate liability policy limits to cover a wrongful death. Utah’s state minimum lability insurance coverage is $25,000 per person, up to $65,000 per occurrence. It reads as 25/65 on your car insurance declarations page. Most people have under $250,000 in liability coverage, which still is not enough to cover the damages caused in a Utah wrongful death case.
Finding All Insurance Policies and Coverages. Because most car insurance policies are so low, it is critical that your attorney find all possible insurance coverages to help pay the damages in the wrongful death case. Sometimes other cars are involved, other times stacking can occur of the decedent’s (the one who passed away) Underinsured Motorist Coverages to allow for more compensation to the heirs.
Is Your Provo, UT Wrongful Death Case a Criminal Case, Civil Case or Both?
A Utah car accident wrongful death case can be both a criminal case and a civil case. When the person who collided and killed someone is also charged with automobile homicide or another traffic code infraction, it is a criminal case and civil case.
When the car accident wrongful death case is simple negligence, or gross negligence, but not a criminal act, generally it is only a civil case. Assuming you have filed a lawsuit concerning the wrongful death insurance claim.
Who Are Heirs In A Utah Wrongful Death Case?
Heirs in general are your relatives. But in a Utah wrongful death insurance claim heirs have a specific, more narrow meaning.
The Utah wrongful death statute reads:
78B-3-105. Definition of heir. (Decedent is the person who died)
Utah’s Wrongful Death Statute Defines Heirs as:
(a) the decedent’s spouse;
(b) the decedent’s children;
(c) the decedent’s natural parents, or if the decedent was adopted, then his adoptive parents;
(d) the decedent’s stepchildren who: (i) are in their minority at the time of decedent’s death; and (ii) are primarily financially dependent on the decedent.
(e) “Heirs” means any blood relative as provided by the law of intestate succession if the decedent is not survived by a person under Subsections (1)(a), (b), or (c).
What Are The Types Of Damages And Claims Heirs Have In A Provo, Utah Wrongful Death?
Each surviving heir, whether that be the spouse, children, or parents have the following damages.
(a). General damages for loss of their decedent.
(b). Economic damages incurred caring for the decedent before the death.
(c). Loss of household contributions from the deceased heir. This can occur when you a husband loses his wife, who was rearing the family’s children and tending the family home. The lost economic contribution from a deceased working spouse can be significant over time. This loss of household work should not be underestimated.
(d). Pain and emotional suffering experienced by the decedent until his or her death following the wrongful act.
(e). Burial / Funeral costs. Medical expenses resulting from the wrongful act that caused the death.
(f). Loss of companionship, whether this be friendship, a business partner, etc.
(g). Punitive damages. Sometimes applicable if the at-fault party’s conduct was egregious.
(h). Past lost income from time of the passing into the future. The lost income stream provided by the deceased individual.
(i). Pain and suffering endured by the surviving heirs, parents, spouse and children.
How Are Wrongful Death Damages Split Up Amongst Multiple Heirs?
Utah Wrongful Death Damages from insurance proceeds or a judgment against a wrongdoer can be split up in the follow ways.
(1). Agreement. The heirs agrees to a distribution.
(2). Judicial Order. The judge orders the wrongful death proceeds split up amongst the heirs according to what is just after a trial.
(3). Arbitration/Mediation. The heirs mediate or arbitration how the insurance proceeds are to be split up.
Are all the State’s Wrongful Death Laws the Same?
Each state has their own wrongful death laws. The federal government has their own wrongful death statutes and laws. California wrongful death is different from Wyoming’s wrongful death laws. Attorney Jake Gunter swears into the local state bar association on a temporary basis to handle your car accident wrongful death claim and retains local counsel.
Utah’s Personal Injury Protection “PIP” Wrongful Death Benefits.
Utah’s personal injury protection benefits also have a wrongful death component to them. Any car accident that causes a wrongful death has the following PIP benefits.
(1). Funeral, burial, or cremation benefits not to exceed a total of $1,500 per person; and
(2). Compensation on account of death of a person, payable to the person’s heirs, in the total of $3,000. See Utah Code Ann. 31A-22-307 (2021).
Your Utah car accident attorney should be trigger all applicable insurance policies and benefits to cover you bills and damages. Wrongful death attorney Jake Gunter doesn’t take legal fee from any PIP benefits, but it is his job to ensure all benefits are paid out.