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Wrongful Death

A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Utah has a set of civil statutes which establish the law relating to wrongful death actions. An action for wrongful death belongs to those indicated by the wrongful death statute. Those people include the deceased person’s immediate family members, such as surviving spouses and children, and sometimes parents or siblings. We can help explain all of the details of these lawsuits and help achieve the best possible outcome for survivors.

A wrongful death claim may arise in several different ways, including the following:
  • Medical malpractice that results in death
  • Automobile accidents
  • Death during a supervised activity
  • Industrial accidents resulting in death
  • Death resulting from other types of negligent and wrongful conduct

Damages In wrongful death claims, Utah law allows various aspects of damages to be awarded. These are calculated based on all circumstances existing at the time of death and include the following factors:
  1. The loss of financial support
  2. The loss of love, companionship, society, comfort, care, protection and affection
  3. The age, health and life expectancies of the decedent and the plaintiff immediately prior to the death
  4. The loss or reduction of inheritance from the decedent the plaintiff is likely to suffer because of the death
  5. Any other evidence of assistance or benefit plaintiff would likely have received had decedent lived
Survival Actions for Personal Injury
In addition to damages for wrongful death, the decedent's estate may be able to recover damages for the personal injury to the decedent, including the decedent’s pain and suffering before death. These are called "survival actions," since the personal injury action survives the person who suffered the injury. This action can be brought together with the wrongful death action.

Limitation Periods
There is a time component (called the "statute of limitations") governing when a wrongful death action must be filed. If you believe that you might have a wrongful death claim, please contact a Utah wrongful death attorney at The Faerber Law Firm today to determine if you have a viable claim.