How Do You Prove Wrongful Death in Utah?

Sadly, many Utahns have lost a loved one unexpectedly and unfairly. This devastating loss is challenging, both emotionally and financially. When a fatal accident occurs, you may be at a loss as to what to do next. You may consider filing a wrongful death lawsuit, but the process can be overwhelming. While it can’t bring your loved one back, it can provide you with compensation for your loss and make the grieving process easier.

So how do you prove wrongful death, and how does a wrongful death lawsuit work? What is the process like? Below you’ll find an overview of how to prove wrongful death. 

Wrongful Death vs Survival Action (What’s the Difference?)

The first step in proving wrongful death is understanding the difference between wrongful death vs survival action. This will help you make a more informed decision. 

Wrongful death: Wrongful death is classified as someone being killed due to another person’s misconduct or negligence. Examples of wrongful death include criminal actions, medical malpractice, motor vehicle accidents, or manufacturing defects. In a wrongful death lawsuit, a representative will file a claim on behalf of the family and seek damages to compensate for the loss. 

Survival action: The main difference between wrongful death and survival action is that survival action is not made on behalf of the family. Rather, it’s a lawsuit that is made regarding the deceased person’s estate to reimburse the one who died. The damages you seek in a survival action usually include loss of gross earning power or pain and suffering. Any money received from this action is given directly to the estate and may be subject to inheritance taxes.

How Does a Wrongful Death Lawsuit Work in Utah?

A wrongful death lawsuit will encompass the following steps.

1. Determine If You Are Eligible to Prove Wrongful Death

Before you can file a claim, you need to prove that your loved one lost his or her life because of the direct actions of someone else, and that this had an emotional and financial impact on you and your family. Next, you’ll need to understand who can file a wrongful death claim. 

Depending on the state where you live, who can file a wrongful death lawsuit will vary. All states allow the deceased person’s surviving spouse and minor children to file a claim. Extended family such as grandparents, siblings, or parents are allowed to file in certain states, including Utah.

2. Consult with a Personal Injury Lawyer in Utah

Next, you’ll want to consult a personal injury lawyer. They’ll most likely ask you or other family members about the accident and potential damages, and review insurance information. Once the lawyer has this information, they’ll begin further investigation. 

3. Case Is Drafted and Filed

After you and your lawyer have gathered the proper evidence and determined damages, your case will be drafted and submitted to the court. Once your claim is submitted, the responsible party will be notified and will either offer a settlement or deny liability. 

4. Pretrial/Negotiation

Should the responsible party submit a settlement, you and your attorney will negotiate a fair amount. The wrongful death case is over after this.

If the responsible party denies responsibility, the lawsuit moves to pretrial. Both parties can then subpoena for evidence or ask witnesses to testify. Once pretrial motions have been completed, the case moves to a trial date.

5. Wrongful Death Case Goes to Trial

During trial, your lawyer will have to convince a jury that the defendant was indeed responsible for your loved one’s death. A jury will ultimately hear both sides’ arguments and decide whether you should be compensated or not. If they agree with you, you’ll receive damages. 

What You Can Receive from a Wrongful Death Claim

Should your wrongful death case go according to plan, you can expect to receive financial compensation from the responsible party. This can help to cover funeral costs, lost inheritance, pain and suffering, lost wages, and more. 

While filing a wrongful death claim can be overwhelming and painful, doing so can help you financially recover from a loved one’s loss. Additionally, a wrongful death lawsuit holds the responsible party accountable, which can help bring your family peace.

Contact a Wrongful Death Lawyer Today

If you think you have strong grounds for a wrongful death claim, contact Ipson Law. Each of our personal injury lawyers is committed to fighting for your rights and ensuring you get the financial compensation you deserve. Contact us today for a free consultation or to learn more about our company.