Utah Wrongful Death Lawyer
It can be hard to focus on anything after the death of a loved one, especially when someone else’s negligent or intentional actions caused that death. At Feller & Wendt, LLC™, we want you to know that you have legal rights and options if you have lost a loved one due to wrongful death.
Reach out to our trusted Utah wrongful death lawyers so we can evaluate your case and advise you of the best path forward. We will treat your family and your loved one’s memory with respect while working hard to pursue justice and fair compensation.
Why Choose the Wrongful Death Lawyers at Feller & Wendt, LLC™?
Our skilled Utah personal injury attorneys have significant experience and success handling Utah wrongful death claims. We know how overwhelming a personal injury claim can be, which is why we will treat you with compassion and kindness while diligently preparing your case and pursuing compensation on your behalf.
Our positive client testimonials highlight our dedication, compassion, and successful case results totaling over $85 million recovered–including wrongful death settlements for $1.5 million, $1 million, and $500,000.
We prioritize fair claim resolution first, exploring every opportunity to secure the compensation you deserve without the stress of a lawsuit. By negotiating aggressively on your behalf, we do our best to give your family the space it needs to heal with as little disruption as possible. When you choose Feller & Wendt, LLC™ our firm, you benefit from:
- Over 70 years of combined experience providing competent and knowledgeable legal representation
- Personalized service and direct access to our attorneys, including our cell phone numbers for open and clear communication
- Spanish-speaking attorneys and staff, ensuring effective support and access for our diverse clients
- Our No Fee Guarantee means you pay nothing upfront and only pay if we win your case
We get big-firm results but have intentionally remained a mid-size firm. This allows our attorneys to provide excellent service to every client and support them through difficult times.
At Feller & Wendt, LLC™, we are dedicated to providing compassionate, aggressive representation because we believe in “Our Family Protecting Yours” throughout every step of the legal process.
defendant driver violated the basic safety rules of the road, killing the plaintiff
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What Constitutes Wrongful Death in Utah?
Under Utah Code § 78B-3-106, a wrongful death occurs when another person’s negligent or wrongful act causes someone’s death. The law allows the family or personal representative of the deceased to file against the person responsible for the death.
Wrongful death claims can happen in many situations, including car accidents, motorcycle accidents, medical malpractice, slip and falls, and instances when someone intentionally acts to cause harm. Employers can also be responsible if their employees’ actions caused the death or if the employer used negligent hiring or training practices. A manufacturer can also be liable for making a faulty product that causes death.
Under the state’s wrongful death laws, eligible family members can seek a wrongful death settlement through negotiations with insurance companies or by filing a lawsuit.
Who Can File a SWrongful Death Lawsuit in Utah?
Not everyone who feels a wrongful death has harmed them can file a lawsuit. Utah’s wrongful death statute defines who qualifies as an “heir” and names the specific parties eligible to file a wrongful death claim, including:
- Surviving spouses and those a court recognizes as spouses
- Surviving children, including adopted children
- Surviving parents, including adoptive parents
- Surviving stepchildren under 18 who received financial support from or lived with the deceased at last part-time at the time of death
- Blood relatives as listed in the state’s intestate succession law if there is no surviving spouse, children, or parents
- Personal representatives of the deceased’s estate
Personal representatives are individuals the court chooses to handle a person’s estate after their death. They are responsible for settling estates, filing wrongful death actions, and distributing the proceeds of successful claims to the heirs. Utah law designates a presumptive personal representative if the deceased didn’t choose someone for this role during their estate planning.
Utah law establishes the order for choosing a deceased person’s personal representative. The order starts with the surviving spouse, followed by adult children, and then parents. A person cannot serve as a personal representative if they contributed to the death or are incapacitated and unable to fulfill the duties required.
Statute of Limitations for Wrongful Death Claims in Utah
A statute of limitations sets a period during which you must file a lawsuit or lose your right to seek compensation. Under Utah Code 78B-2-304, the statute of limitations for most wrongful death cases is two years from the date of death. If you wish to file a wrongful death claim against a government entity, you must file it within one year of the death date.
There are some exceptions to the Utah wrongful death statute of limitations, such as when you didn’t know or couldn’t have reasonably known your loved one’s cause of death. Based on the Discovery Rule, a judge may grant you more time in these cases. However, this and other exceptions are rare, so seeking legal representation as soon as possible is best.
It’s crucial to adhere to the legal deadlines for filing a wrongful death claim, as failing to do so can result in losing the ability to pursue compensation. At Feller & Wendt, LLC™, our experienced Utah wrongful death attorneys offer prompt and diligent legal representation because we know timely action is essential to ensure that your family gets the justice and compensation it deserves.
Potential Damages in a Utah Wrongful Death Claim
People who lose a loved one due to someone else’s actions face several hardships. While no amount of money can replace the loss, family members can file a wrongful death lawsuit to hold responsible parties accountable for damages and compensation. In a Utah wrongful death lawsuit, you can seek compensatory damages, including:
- Medical expenses related to your loved one’s final injury or illness
- Funeral and burial costs
- Lost wages and benefits the deceased would have provided
- Loss of companionship, care, and guidance
A judge may also allow you to seek punitive damages in a wrongful death claim based on Utah Code 78B-8-201. To do so, you must provide strong evidence that the defendant acted with extreme negligence or intentionally caused harm.
The Utah Wrongful Death Claims Process
Deciding to file a lawsuit is never easy. But wrongful death claims are about seeking justice and ensuring your family is not left with additional burdens while grieving. Understanding the wrongful death claims process is important so you can make informed decisions. Steps in the process include:
- Consulting with an experienced Utah wrongful death attorney: Our skilled lawyers understand Utah’s laws and legal landscape, and we have a track record of successfully identifying liable parties and securing fair compensation.
- Investigating the circumstances surrounding the death: We talk to witnesses, collect evidence such as police reports, medical records, and videos, and call on our trusted network of local experts when necessary.
- Identifying liable parties: Under Utah’s comparative negligence law, defendants are only responsible for the percentage of damages they caused. Failing to name a responsible party can reduce your compensation if more than one party is responsible for your injuries.
- Filing the lawsuit within the statute of limitations: Not all cases go to court. We will ensure your wrongful death claim is filed on time to avoid losing your right to seek compensation.
- Engaging in settlement negotiations or proceeding to trial: Our attorneys are aggressive negotiators, and 85 percent of our cases settle before a lawsuit. Of the remaining cases, less than five percent go to a jury.
“Not every wrongful death case settles pre-suit because not every insurance company or corporation wants to pay fair or meaningful value. When negotiations break down, you have two choices: walk away or file the case in litigation. While going to trial isn’t always in the client’s best interest, treating every case as if it will go to trial strengthens the chances of achieving meaningful results.”
–Giancarlo Cellini, attorney at Feller & Wendt, LLC™.
Get the Justice Your Loved One Deserves–Let Feller & Wendt LLC™ Stand By You
The idea of pursuing a wrongful death claim or lawsuit can feel overwhelming, especially when you are also dealing with the grief and stress of losing a loved one. At Feller & Wendt, LLC™, our experienced Utah wrongful death lawyers are here to help. We will fight for justice on your behalf, allowing you to focus on healing.
We have the experience, resources, and network to build strong claims on clients’ behalf, and we strive to settle claims without the need to go to court. Reach out to one of our qualified attorneys by calling 801-499-5060 or contact us online to get started with your free case evaluation.
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*This information provided by Feller & Wendt, LLC™ is for informational purposes only and should be in no way construed as legal advice.
