Understanding Wrongful Death Claims in West Jordan_ Who Can File and What to Expect

1. Understanding Wrongful Death Claims in West Jordan: Who Can File and What to Expect Losing a loved one due to someone else’s negligence or misconduct is heartbreaking. When that loss could have been prevented, the pain is compounded by a sense of injustice. In these tragic situations, Utah law gives surviving family members the right to file a wrongful death claim to seek financial compensation and hold the at-fault party accountable. If you're considering legal action, a West Jordan wrongful death lawyer can help you understand your rights, who is eligible to file, and what to expect during the process. What Is a Wrongful Death Claim? A wrongful death claim is a civil lawsuit filed by survivors of a person who died as a result of another party’s negligent, reckless, or intentional actions. These claims are separate from criminal cases and focus on compensating the family for their losses rather than punishing the wrongdoer through incarceration. Wrongful death can result from various incidents, including: ● Car, truck, or motorcycle accidents ● Medical malpractice ● Workplace accidents ● Pedestrian or bicycle collisions ● Defective products or unsafe property conditions Each case is unique, but the legal foundation remains the same: proving that the death was caused by someone else’s wrongful conduct.

2. Who Can File a Wrongful Death Claim in Utah? Utah law determines who is legally allowed to file a wrongful death lawsuit. In general, the claim must be filed by the personal representative of the deceased person’s estate, which may include: ● The surviving spouse ● Surviving adult children ● Surviving parents (if the deceased is a minor or has no children) ● Stepchildren or other financially dependent relatives ● A court-appointed representative of the estate

3. A West Jordan wrongful death lawyer can help determine who qualifies to file and guide you through the proper legal channels to begin your claim. What Compensation Can Be Recovered by a West Jordan Wrongful Death Attorney? A wrongful death claim can help surviving family members recover both economic and non-economic damages. The purpose is to compensate for the financial and emotional impact of the loss. Common types of compensation include: ● Medical expenses related to the final injury or illness ● Funeral and burial costs ● Loss of income the deceased would have provided ● Loss of companionship, guidance, and support ● Emotional distress and grief experienced by surviving loved ones ● Loss of household services the deceased would have contributed In cases involving egregious misconduct, punitive damages may also be awarded to punish the responsible party and deter future wrongdoing. Steps in a Wrongful Death Lawsuit Wrongful death cases involve multiple legal steps that must be followed carefully. A West Jordan wrongful death lawyer will help manage the process, which often includes: ● Investigation: Collecting evidence, witness statements, and expert opinions ● Filing the claim: Submitting the proper paperwork to the appropriate court ● Discovery phase: Both sides exchange information and evidence ● Negotiation or mediation: Attempts to reach a fair settlement out of court ● Trial (if necessary): Presenting your case to a judge or jury

4. Having legal guidance ensures that you meet all deadlines and procedural requirements, which is essential to maintaining your right to compensation. How Long Do You Have to File a Wrongful Death Claim in Utah? Utah law imposes a statute of limitations on wrongful death claims. In most cases, you have two years from the date of your loved one’s death to file a lawsuit. If a government entity is involved, the deadline may be much shorter, sometimes as little as one year, with specific notice requirements. Important deadlines include: ● General wrongful death claims: 2 years ● Claims involving government agencies: 1 year or less (with advance notice) ● Medical malpractice claims: May vary based on discovery of the injury If you miss the deadline, your case may be dismissed entirely. A knowledgeable attorney will ensure all necessary documents are filed on time. Proving Liability in a Wrongful Death Case One of the most critical parts of any wrongful death case is proving that the at-fault party’s actions directly caused the death. This requires strong, well-documented evidence. Your West Jordan wrongful death lawyer will conduct a comprehensive investigation to support your claim. Evidence used to prove liability may include: ● Accident or police reports ● Surveillance or dash cam footage ● Medical records and autopsy reports ● Eyewitness testimony ● Expert opinions (e.g., accident reconstructionists, medical specialists)

5. The burden of proof in a civil wrongful death case is based on a "preponderance of the evidence," which means it’s more likely than not that the defendant’s actions caused the death. Why You Need a West Jordan Wrongful Death Lawyer Wrongful death claims are emotionally charged and legally complex. Insurance companies and opposing attorneys may attempt to reduce or deny your claim altogether. An experienced West Jordan wrongful death attorney can protect your rights and advocate for your family every step of the way. What your attorney will do for you: ● Provide compassionate legal support during a difficult time ● Handle communication with insurance companies ● Gather and preserve critical evidence ● Accurately calculate your family’s damages ● Represent you in court if a fair settlement isn’t offered Having a legal professional manage your case also gives you the space and time to grieve and focus on your family. Wrongful Death Claims Involving Children or the Elderly Claims involving children or elderly individuals present unique legal and financial considerations. While compensation for loss of income may be limited, these cases focus heavily on the emotional loss and non-economic damages. In child wrongful death claims, compensation may include: ● Loss of companionship and guidance ● Emotional suffering of the parents ● Funeral and burial expenses In cases involving elderly individuals:

6. ● Loss of companionship and caregiving services ● Emotional and psychological impact on the family ● Medical costs associated with the incident Although no monetary award can replace your loved one, filing a claim can still provide closure, accountability, and financial support. Preparing for Mediation or Trial Most wrongful death claims are settled through negotiation or mediation, but some proceed to trial. In either case, preparation is key to a successful outcome. What to expect during this phase: ● Your attorney will prepare a detailed case file to present your strongest arguments ● You may be asked to participate in mediation sessions with the opposing side ● If the case goes to trial, your lawyer will present evidence, question witnesses, and argue on your behalf Mediation can result in a quicker resolution, but your attorney will always be ready to pursue trial if it means securing a more just outcome for your family. How Insurance Companies Handle Wrongful Death Claims Many families expect insurance companies to offer a fair settlement after the loss of a loved one but sadly, that’s not always the case. Insurance providers are businesses first, and their goal is often to minimize the amount they pay out in claims. This can be especially true in wrongful death cases, which may involve high-dollar damages. Insurance companies may: ● Dispute the cause of death ● Shift blame to the deceased

7. ● Challenge the extent of your losses ● Delay communication or settlement offers ● Offer lowball settlements before full damages are calculated A West Jordan wrongful death lawyer is essential when dealing with insurers. Your attorney understands the tactics they use and will push back firmly to ensure you’re treated fairly. They’ll present clear evidence of liability, provide strong documentation of damages, and negotiate aggressively to reach a resolution that reflects the true impact of your loss. Additionally, your wrongful death attorney in West Jordan will handle all communication with insurers, relieving you of stress and protecting you from saying anything that could harm your case. Emotional Considerations and Long-Term Impact of Filing a Claim Filing a wrongful death claim is not just a legal decision—it’s an emotional one. Many families feel torn between grief and the need for justice. Others worry that pursuing legal action could seem cold or opportunistic. In reality, a wrongful death claim is about accountability, closure, and financial stability during one of life’s most difficult chapters. It’s important to understand that: ● Seeking compensation is not about placing a value on your loved one’s life. It’s about recognizing the financial and emotional toll of their absence. ● Legal action can bring closure, particularly when no criminal charges are filed or when you feel the responsible party hasn’t been held accountable. ● Wrongful death claims often prompt safety improvements, whether through workplace reforms, medical oversight, or public awareness. While no lawsuit can ease the pain of your loss, it can help ensure your family’s future is protected. Your lawyer will handle the process with empathy, sensitivity, and respect for your unique experience.

8. A supportive legal team like the one at Flickinger Boulton Robson Weeks understands the emotional complexity of wrongful death claims. They will walk with you at your pace, helping you make informed decisions every step of the way. Talk to a West Jordan Wrongful Death Lawyer Today If you’ve lost a loved one due to someone else’s negligence, you don’t have to face the legal system alone. A wrongful death claim can’t undo the loss, but it can provide financial security and ensure the responsible party is held accountable. At Flickinger Boulton Robson Weeks, they provide compassionate, experienced representation to families in West Jordan and throughout Utah. They are there to guide you through this process and fight for the justice your loved one deserves. Call (801) 500-4000 today for a free consultation with a trusted West Jordan wrongful death lawyer. You don’t pay unless they win.