A wrongful death lawsuit is a claim which close relatives and family members file against a person who can be held responsible and liable for the death of a family member. Wrongful death law suits are made when someone is killed as the direct result of negligence or an action of injustice. In the state of Utah the survivors of the victims of wrongful death are entitled to monetary damages through a lawsuit.
Laws for this type of claim vary state by state. Utah law requires either a potential heir or a personal representative of the estate who is registered with the State of Utah to file a claim of wrongful death. A wrongful death suit is more involved than other lawsuits of negligence. When someone dies due to the actions of another person, they cannot claim damages for themselves.
In the early history of the United States, no one could claim damages as there was no clear way to compensate the victim after their death. Over time, each state enacted laws to protect the rights of the surviving family members in the event of wrongful death.
Issues concerning wrongful death in Utah are time-sensitive and a Notice of Claim must be filed within the following timeframes:
- One year to file a notice from the date of the death if the death was caused by negligence on the part of the State.
- Two years to file a notice from the date of the death if the death was caused medical malpractice.
- Two years to file a notice from the date of the death if the death was caused by an automobile accident or any other personal injury.
Each case is different and the verdict and outcomes vary for each wrongful death settlement.
Call to talk with an experienced wrongful death lawyer if someone you love has died in a case of wrongful death.