Compassionate Wrongful Death Attorneys in Salt Lake City, Utah

Lead attorneys at Swenson and Shelly LawAt Swenson & Shelley Law, our Salt Lake City wrongful death lawyers know grief is a natural response to loss. Still, when that loss results from negligence, it can be compounded by anger and resentment towards those responsible. This complex mix of emotions can make navigating the grieving process more complicated and pursuing compensation for your loss increasingly challenging. This is why we are here.

Our compassionate Salt Lake County wrongful death attorneys will take the lead in pursuing the liable party who caused your loved one’s death so you and your family can take the time you need to grieve while we handle the critical details of your claim.

It is important to note that state law specifies the individuals who can file a wrongful death claim in Utah. According to Utah Code § 78B-3-106, the surviving spouse of the deceased person is the priority for filing a wrongful death claim. The deceased person’s adult children may bring a claim if there is no surviving spouse. The deceased person’s parents may file a claim if there is no surviving spouse or adult children.

If the eligible parties do not file a claim within 60 days of the death, the personal representative of the deceased person’s estate may bring a wrongful death action.

Our Salt Lake City wrongful death attorneys are knowledgeable, compassionate, and adept at helping families throughout Utah pursue justice on their loved one’s behalf. Every fatal accident is unique and requires customized legal solutions to pursue actual results. No matter how it occurred, you do not have to fight your emotional battle alone. We can help.

When the Worst Has Happened, We Fight for What’s Best for You.

Salt Lake City Wrongful Death Statistics

In Salt Lake City, wrongful death cases often arise from car accidents, medical malpractice, workplace incidents, and other negligent acts. Recent data show that traffic-related fatalities are among the leading causes of wrongful deaths in the area. For instance, Utah experienced an increase in overall traffic fatalities in 2023, many of which occurred in Salt Lake City. Specifically, speeding, impaired driving, and distracted driving are major contributors to these accidents, with Utah seeing over 300 traffic-related deaths statewide in 2023.

What Type of Compensation Can Eligible Family Members Pursue During a Utah Wrongful Death Claim?

It’s essential for surviving family members to work with experienced wrongful death attorneys in Salt Lake City who can assess the specific circumstances of your case, determine the types of compensation available, and advocate for your rights to fair and just compensation. We can help.

Eligible family members may pursue various types of compensation to address the financial, emotional, and practical consequences of their loss.

The specific types of compensation available in a wrongful death claim can vary depending on the circumstances of the case, but they commonly include:

This Infographic shows that Types of compensation available in a wrongful death claim

  • Funeral and Burial Expenses

The costs associated with the deceased person’s funeral arrangements, including funeral services, burial or cremation, cemetery plots, and related expenses, may be recoverable in a wrongful death claim.

  • Medical Expenses

If the deceased person incurred medical expenses related to the injury that led to their death, these expenses may be recoverable in the wrongful death claim.

  • Loss of Financial Support

Surviving family members may be entitled to compensation for losing the deceased person’s financial support, including income, benefits, and other forms of financial assistance that the deceased would have provided if they had survived.

  • Loss of Consortium

Spouses and certain other family members may be entitled to compensation for losing the deceased person’s companionship, affection, guidance, and support. This type of compensation, known as loss of consortium or loss of companionship, aims to address the emotional and relational impact of the loss on surviving family members.

  • Pain and Suffering

In cases where the deceased person experienced pain and suffering before their death, surviving family members may be entitled to compensation for the physical and emotional distress endured by the deceased.

Talking with our trusted Salt Lake City wrongful death attorneys will allow you and your family to understand your legal rights and options so you can make informed decisions about how you seek justice for your family member. We are available today to discuss your claim during a free consultation so you can take the time you need to grieve with your family. Call us now to learn more.

How Long Do I Have to File a Wrongful Death Claim in Utah?

Utah’s statute of limitations for filing a wrongful death claim is governed by Utah Code § 78B-2-304 and is subject to certain restrictions and exceptions.

Generally, it is two years from the date of death. This means that surviving family members or other eligible parties must file a wrongful death lawsuit within two years of the date of the deceased person’s death. If the claim is not filed within this time frame, it may be barred by the statute of limitations, and the right to seek compensation for the wrongful death may be forfeited.

The statute of limitations may be paused or extended in certain circumstances, including if the plaintiff is a minor, incapacitated, or mentally incompetent at the time of the death or if the defendant leaves the state or attempts to conceal their identity to avoid being served with legal papers.

If the wrongful death claim involves a government entity or employee, additional notice requirements and deadlines may apply, and the statute of limitations may be shorter than two years.

The sooner you can speak with our skilled wrongful death attorneys in Salt Lake City about the circumstances of your loss, the quicker we can begin preserving critical evidence to support your claim and start pursuing justice for your family.

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Contact Our Leading Wrongful Death Lawyers in Salt Lake City, Utah

Call us today at (801)-447-5464 or contact us online to schedule a free, no-obligation consultation where you can learn immediately whether your claim is eligible to move forward with legal action.

We do not charge any fees upfront for our services. Instead, you pay us only if we secure payment for you. That makes getting legal help accessible and allows you to focus on your recovery. Contact us now to learn more.

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Frequently Asked Questions About Wrongful Death Attorneys in Salt Lake City

What is considered a wrongful death in Salt Lake City?

A wrongful death occurs when someone dies due to the negligent or intentional actions of another party. In Salt Lake City, this can include fatalities from car accidents, medical malpractice, workplace accidents, or defective products. If your loved one’s death was caused by someone else’s wrongdoing, you may be eligible to file a wrongful death claim.

Who can file a wrongful death claim in Utah?

In Utah, only specific individuals can file a wrongful death claim. Typically, this includes the surviving spouse, children, parents, or the designated representative of the deceased’s estate. It’s important to consult with a wrongful death attorney to determine your eligibility to file a claim.

How can a wrongful death attorney help my case?

A wrongful death attorney will guide you through the complex legal process, ensuring that all necessary paperwork is filed correctly and on time. They will also investigate the circumstances of your loved one’s death, gather evidence, negotiate with insurance companies, and represent you in court if necessary to secure maximum compensation.

Can a wrongful death case be settled out of court in Salt Lake City?

Yes, many wrongful death cases are settled out of court through negotiations with the at-fault party’s insurance company. An experienced attorney from Swenson & Shelley Law will work to negotiate a fair settlement, but if the offer doesn’t adequately compensate you, we are prepared to take the case to trial to fight for your rights.

What are the common causes of wrongful death cases in Utah?

Common causes of wrongful death in Utah include car accidents, motorcycle accidents, truck accidents, medical malpractice, workplace accidents, and defective products. If your loved one’s death resulted from any of these circumstances, you may have grounds for a wrongful death claim.

How do I prove negligence in a wrongful death case?

To prove negligence in a wrongful death case, you must establish that the responsible party had a duty of care toward the deceased, that they breached this duty, and that this breach directly caused the death. Your attorney will help gather the necessary evidence, such as witness statements, accident reports, and expert testimony, to prove negligence.

Can I file both a wrongful death claim and a survival action?

Yes, in Utah, you can file both a wrongful death claim and a survival action. While a wrongful death claim seeks compensation for the losses suffered by the deceased’s family, a survival action allows for the recovery of damages the deceased person could have claimed if they had survived, such as medical expenses and pain and suffering.

How long does a wrongful death case take to resolve?

The time it takes to resolve a wrongful death case can vary depending on the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. Some cases may settle in a few months, while others may take a year or more. An attorney can give you a better estimate based on the details of your case.