No one ever expects to lose a loved one in a sudden accident. But when tragedy strikes due to another party’s negligence or wrongdoing, family members are often left reeling and struggling to cope with immense grief while also facing an uncertain legal and financial future. When a preventable death occurs, you may have the right to seek justice and compensation through a wrongful death lawsuit. You may be wondering who can file such a case in Salt Lake City? The compassionate team at Swenson & Shelley Law is here to provide the answers and advocacy you need during this difficult time.
Defining Wrongful Death in Utah
In the state of Utah, a “wrongful death” is defined as a death caused by negligence, a wanton or reckless act, or a breach of warranty. Here are common causes:
- Fatal car accidents due to distracted or reckless drivers
- Medical malpractice
- Workplace accidents
- Defective products that malfunction and lead to a user’s death
Essentially, if a person or entity’s careless actions (or failure to act) directly result in someone’s untimely passing, it may form the basis for a wrongful death claim. However, not just anyone can bring this type of lawsuit forward in Utah.
Parties Eligible to File a Claim
Under Utah law, the surviving spouse has the authority to file a wrongful death lawsuit. If there is no surviving spouse, the surviving children may file. In circumstances where there is no surviving spouse or children, the deceased’s parents have a right to file a claim.
In addition to determining who may file the case, Utah law also governs what types of damages may be recovered. Eligible family members may be entitled to compensation for medical expenses related to the fatal injury, funeral and burial costs, loss of the deceased’s income and benefits, and the loss of companionship, care, and guidance. In some cases, damages may also account for the emotional pain and suffering endured by surviving family members.
It is also important to understand that wrongful death cases are subject to strict deadlines. Utah’s statute of limitations generally requires that a wrongful death claim be filed within two years from the date of death. Missing this deadline can permanently bar your family from pursuing compensation, regardless of how strong the underlying case may be. Acting promptly allows your attorney to preserve critical evidence, interview witnesses, and build a compelling claim on your behalf.
Because wrongful death cases often involve complex insurance issues, multiple liable parties, or corporate defendants, having experienced legal representation can make a meaningful difference in both the process and the outcome.
Schedule Your Free Consultation Today
If you have tragically lost a spouse, parent, child, or other close relative, know that our hearts go out to you. This is an incredibly painful chapter, but you do not have to confront the legal process alone. Our respected wrongful death attorneys in Salt Lake City are here to provide the information, guidance, and support you need every step of the way.
Take the first step on the path to justice by contacting Swenson & Shelley Law today. We will arrange a confidential case evaluation, where we can discuss your specific rights and options. While no amount of money could ever replace your loved one, pursuing a wrongful death claim can deliver a much-needed measure of closure, accountability, and financial security for the future. Call now to learn more.
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Kevin Swenson is an award-winning Utah injury attorney and co-founding partner of Swenson & Shelley. With over 30 years of experience, he uses his background as a former insurance defense lawyer to fight for injured individuals, helping clients recover and rebuild after serious accidents.
(435) 767-7777
