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Plaintiff in a Wrongful Death Claim

Are you seeking compensation for the wrongful death of a loved one?

We often hear from people who are unsure who the plaintiff in a wrongful death claim is.

Watch this video to find out who can file a wrongful death claim in Utah.


Who is the plaintiff in a wrongful death claim?


I received a call from an individual asking me if they could bring the claim for a wrongful death of an individual. In the state of Utah, a wrongful death claim can be brought by any heir of the decedent or by a personal representative that’s appointed by the Court. If you have any questions about who’s entitled to bring a claim or any questions about wrongful death in the state of Utah, feel free to call our office.

We want to help you get the damages that you and your family are entitled to after this tragic and preventable loss. Here is a breakdown of what type of wrongful death compensation that you may be able to recover as the plaintiff in a wrongful death claim:

Medical and Funeral Expenses

After a tragedy, bills related to the death of a loved one can start to pile up. If efforts were made to save the victim’s life, or there was an extended hospital stay, the family should not be responsible for those expenses. Additionally, any costs for a proper funeral and other final expenses should be covered by the person at fault. These expenses can accumulate quickly, leaving the family in financial ruin. By hiring an attorney to recover these damages, the victim’s family will be able to focus on moving forward with their lives, rather than worrying about the financial demands of medical bills.

Lost Earnings

When a victim has people depending on them financially, those dependents will be left without the financial support they were used to. Since wrongful deaths occur suddenly and unexpectedly, dependents of the victim will not have time to arrange other sources of earnings. This can be especially devastating for those with children and those who do not have a significant amount of savings. The loss of a loved one who also was the main provider can be so devastating that families lose their homes and other possessions. This burden should never befall bereaved family members. By hiring an attorney, the victim’s family can avoid this terrible fate and keep the home and comforts provided by their loved one.

Pain and Suffering

The mental and emotional scars from losing a loved one can be devastating. In Utah, punitive damages, for the pain and suffering of the bereaved family, can also be awarded. These damages are intended to be used to help the family recover, mentally and emotionally, from their loss. Therapy, counseling, and other professional help can be instrumental in allowing the family to accept the loss of their loved one. Facing the wrongful death of a loved one is never easy, but the damages claimed from pain and suffering can help to ease the burden.

Did you lose a loved one due to someone else’s negligence and have questions about who can file a wrongful death claim? Contact our dedicated Utah wrongful death attorneys at Swenson & Shelley today for a free confidential consultation to find out who the plaintiff in a wrongful death claim. Let our experience work for you.

Kevin Swenson was raised in Bountiful, Utah, and is a co-founding partner of Swenson & Shelley. After graduating from Bountiful High School, Kevin attended business school at Westminster College.