Introduction to Wrongful Death Claims
A wrongful death claim arises when a loved one dies due to another person’s negligence or intentional actions. The goal of such claims is to provide financial compensation to surviving family members for their loss.
Utah’s Wrongful Death Statute
Under Utah Code 78B-3-105, wrongful death claims are regulated to ensure the appropriate heirs have the legal right to file. The statute defines who qualifies as an heir and what damages can be recovered.
Who Can File a Wrongful Death Claim?
Utah law specifies that the following individuals may file a claim:
- Spouses: Includes legal spouses, common-law spouses, and same-sex spouses.
- Children: Biological and adopted children, regardless of age.
- Parents: Biological and adoptive parents.
- Other Relatives: In rare circumstances, other relatives or stepchildren may qualify if financially dependent on the deceased.
Stepchildren Eligibility
Stepchildren must prove financial dependence at the time of the deceased’s passing to be eligible to file a claim.
Division of Wrongful Death Proceeds
Proceeds from a wrongful death settlement or verdict can be divided in several ways:
- By Agreement: Heirs may mutually agree on the division.
- Through Arbitration: If disputes arise, an arbiter can help determine a fair split.
- Court Decisions: Judges can intervene when heirs cannot agree.
- Mediation: A mediator can facilitate faster, less expensive resolutions.
Cost of Litigation
Litigating disputes over proceeds is often costly. Mediation or stipulation is usually more efficient and cost-effective.
Common Causes of Wrongful Death Cases in Utah
Some frequent scenarios leading to wrongful death claims include:
- Car Accidents: Intersection collisions, rear-end crashes, and pedestrian accidents.
- Drownings: Pool-related or boating accidents.
- Medical Malpractice: Errors during surgery, misdiagnoses, or negligent treatment.
- Workplace Injuries: Catastrophic accidents such as electrocutions.
Damages Recoverable in Utah
Utah allows claimants to recover several types of damages, including:
- Pain and Suffering: Compensation for the deceased’s physical and emotional suffering before death.
- Lost Wages: Both past wages and future income potential.
- Loss of Consortium: Compensation for the emotional and relational void left by the deceased.
- Punitive Damages: Awarded in extreme cases of negligence or recklessness.
Example: Lost Future Wages
A 26-year-old Provo resident earning $50,000 per year dies in a pedestrian accident. Over a 30-year career expectancy, their lost income totals $1.5 million, excluding inflation.
FAQs About Utah Wrongful Death Claims
Who qualifies as an heir under Utah law?
Spouses, children, and parents qualify, with stepchildren eligible under specific financial dependency rules.
Can punitive damages be awarded in Utah wrongful death cases?
Yes, but only in cases involving egregious or intentional misconduct.
How are proceeds divided among heirs?
Heirs can divide proceeds through agreement, mediation, arbitration, or court orders.
How long do I have to file a wrongful death claim in Utah?
Utah’s statute of limitations typically allows claims within two years from the date of death.
What damages are available?
Heirs can claim pain and suffering, lost wages, loss of consortium, and potentially punitive damages.
Do I need an attorney for a wrongful death case?
While not mandatory, an experienced attorney significantly increases the likelihood of a favorable outcome.
Conclusion
Navigating a wrongful death claim in Utah requires a thorough understanding of eligibility, damages, and the legal process. Hiring an experienced attorney can help ensure justice for your loved one and financial security for your family.
Contact Utah Wrongful Death Attorney Jake Gunter at (801) 373-6345 for a free consultation today.