What Is the Statute of Limitations for Filing a Wrongful Death Claim?
For every claim, except for government claims, the statute of limitations is two years. If it’s a claim against a governmental entity, then it’s only one year.
What Is the General Timeline for a Wrongful Death Case in Utah?
This is very difficult to predict. Wrongful death cases typically take longer to resolve because it is best to go through the probate process and have a personal representative appointed for the estate before you continue with the claim. But once that is done, it depends on how reasonable an insurance company will be in terms of how long it takes to resolve a case. In our experience, wrongful death cases where there are large insurance policies available must go through the litigation process to procure a fair and reasonable settlement on behalf of the clients and, in turn, take much longer than cases that could settle prior to litigation.
What Are the Top Misconceptions People Have About Wrongful Death Claims?
One thing people don’t realize is that in the State of Utah, you can actually bring two separate claims when a loved one has died. You can bring a wrongful death claim, as well as what’s called a survival action. The survival action is a little bit different and allows the decedent’s estate to recover damages for injuries suffered by the deceased person, such as mental and emotional anguish, before the actual death.
Another misconception or misunderstanding is that people don’t know that the statute of limitations on a wrongful death claim is only two years compared to four years for a typical personal injury claim. So those claims need to be made sooner to preserve the statute of limitations.
Why Is It Important to Retain an Experienced Attorney to Handle a Wrongful Death Case?
Certainly, there are instances where if it’s a clear-cut case and there’s not a lot of money to pursue, the claim would not need an attorney. However, a qualified, experienced Ogden wrongful death lawyer can ensure that you’re getting fair value for your case and that all available money is found. We can also take away the stress of dealing with powerful insurance companies so that you can focus on healing and finding peace in such a difficult time. And there’s a lot of value to having that comfort.
What Sets Your Firm Apart in Handling Wrongful Death Cases?
Our experience and expertise are what sets us apart. We have handled many wrongful death claims with fantastic results. We take the time to get to know our clients and their families, and we understand the enormous toll these cases can take on them. We are sensitive to the process and, as a result, have built strong, lasting relationships with the people we have represented.
For more information on statute of limitations for wrongful death claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 499-5060 today.