Losing a loved one is always extremely difficult. But losing a loved one because of someone else’s negligence can be especially challenging to manage. A wrongful death can happen to anyone. But when it does, one of your first steps is to speak to an attorney.
Insurance companies will do everything in their power to dismiss claims or attempt to settle for as little as possible. But with your loved one gone, you need a financial lifeline to help manage the accompanying expenses.
The Layton wrongful death lawyers at 1LAW can help you navigate the legal system, negotiate on your behalf, and represent you in court if necessary to get you the compensation you deserve.
According to the Utah State Legislature, it is considered wrongful death, when a person loses their life due to someone else’s recklessness, negligence, or lack of attention. In those cases, close family members are entitled to file a claim for damages against the responsible parties.
A wrongful death claim is very similar to presenting a personal injury claim on behalf of the deceased person. However, Utah follows a series of strict regulations about who can file a claim on behalf of a victim who died, which is outlined in Utah Code § 78B-3-106.
An experienced wrongful death attorney will be able to evaluate your particular case and let you know if you are entitled to file a claim. They can also help you determine who is liable and how much damages you can recover.
A person losing their life can become a devastating event for their entire family, mostly when that happens as a consequence of someone else’s negligence. However, each individual case will have different financial consequences. But your Layton wrongful death lawyer can evaluate your particular case to determine a fair amount of compensation.
The damages our attorneys have recovered for our clients after a wrongful death claim include:
Your attorney will also help you put a number to those losses that appear most difficult to quantify, such as:
Many victims die after days or even months of hospitalization, leaving the family with expensive medical bills to pay. In most cases, a close relative also needs to take time off work or quit their jobs entirely to take care of the victim before their departure.
Also, if the person who died a wrongful death was the main provider of their household, the number of damages can increase exponentially. Your attorney will tell you which damages you can pursue and ensure you file your claim according to Utah’s statute of limitations.
As stated in Utah Code § 78B-2-304(2), family members of a deceased person have up to two years to present a claim. However, it is particularly important to consult your lawyer since those statutes can change depending on the events. For instance, you have only one year if the responsible party was a government entity.
If you lost a loved one because of someone else’s fault in Layton, and you are afraid your time may have run out, contact an experienced attorney right away. Sometimes, they can file a claim to extend the period and give you time to build a case.
It is important to file your claim on time since you will be barred from pursuing compensation once the time runs out. It is also important to collect evidence and to work with your lawyer to prove wrongful death. Getting compensatory damages may depend on that.
To be eligible for compensatory damages in Layton, your attorney must be able to prove there was a wrongful death. Insurance companies won’t be just waiting in line to pay every claim, so you need a legal professional who can firmly demand your money and push insurers back.
Your wrongful death lawyer in Layton will find evidence of the following:
There are some cases where it is not that simple, for instance, when the victim already has a medical condition, when more than one party is at fault, or when an evident cause is hard to find.
Although most wrongful deaths occur after an accident, there are cases where the reason is different. Some of those causes are harder to prove than others and require more evidence. These are some of the most common reasons our attorneys have found behind wrongful death claims:
There can be a lot of other causes for a person’s wrongful death. If you are unsure about the circumstances of your loved one’s accident, your attorney can help you find evidence and identify key witnesses to determine responsibility.
Choosing the right attorney to fight your case is an important decision. Remember, the damages you will receive may depend on their ability to negotiate with insurance companies, litigate in court, and build a solid case.
The Layton wrongful death attorneys of 1LAW can also help you put the right price to your case to cover the financial and emotional costs of your loss. Contact one of our attorneys today, and let us take the legal stand for you while you seek counseling for your surviving loved ones.