St. George Wrongful Death Lawyer
Losing a loved one under any circumstances is a challenging experience. This becomes all the more traumatic when the death is caused by another personโs negligence. In the midst of grief, it can feel impossible to begin or navigate a wrongful death claim.
Feller & Wendt, LLC provides compassionate support and aggressive legal representation for wrongful death claims in St. George. Our team can handle the legal intricacies of your case, allowing you to focus on healing and your family. Call our St. George wrongful death lawyers today at (801)-421-3132 to schedule an initial consultation.
Table of Contents
- Why St. George Families Choose to Partner With Feller & Wendt, LLCโข
- Understanding Wrongful Death Claims in St. George
- Essential Evidence in a Wrongful Death Case
- What Types of Damages Are Available to the Surviving Family?
- Our Teamโs Role in Supporting Families After a Wrongful Death
- Talk to Our St. George Wrongful Death Lawyers Today
Why St. George Families Choose to Partner With Feller & Wendt, LLC
Our hardworking and skilled attorneys have in-depth experience navigating wrongful death cases and personal injury law across Utah. We have knowledge of local courts, insurance companies, and judges, allowing us to take an aggressive yet strategic approach to negotiations.
With millions recovered in settlements and verdicts and decades of combined experience, you can trust our team to handle your case and secure the compensation your family deserves. We emphasize compassion, personalized attention, and trial-ready advocacy. Our clients commonly describe us as a firm that delivers exceptional results, keeping them informed throughout the process, and building a trustworthy foundation.
Understanding Wrongful Death Claims in St. George
Utah Code ยง 78B-3-106 defines a wrongful death as a death caused by an act, neglect, or default of another person or entity, which would have entitled the deceased to recover damages had they survived.
Under Utah Code ยง 78B-3-105, either the personal representative of the estate or the heirs of the deceased are generally eligible to file, including the spouse, children, and parents. These parties must follow the statute of limitations for wrongful death claims, which is two years from the date of the deceasedโs passing. This deadline shortens if a government entity is involved.
The Impact of Marital Status on Eligibility
Utah does not allow people to form common law marriages, meaning two people cannot just live together and call themselves married without going through the formal process. However, Utah law does allow people to ask the court to recognize a relationship as a marriage after one person dies, even if there was no formal ceremony. This is called a posthumous determination of marriage under Utah Code ยง 30-1-4.5.
When someone dies in a wrongful death case, their long-term partner may be able to claim spousal status in court if they were essentially married, even if they never got married legally. If the court agrees, the partner can be treated as a surviving spouse, giving them the right to join a wrongful death lawsuit and possibly receive a share of any damages awarded.
However, this process can get complicated. The court will require evidence of the couple’s living situation, mutual agreement to be married, and public acknowledgment of their relationship, all of which can be tough to prove after one party has passed away. Family disagreements over relationship status can lead to legal disputes and delays.
Working with an attorney early on ensures that the right people are included in the case from the start. This can help avoid potential legal battles over relationship status that might otherwise derail the wrongful death claim.
Essential Evidence in a Wrongful Death Case
In a Utah wrongful death case, families must show that negligence caused their loved oneโs death. Negligence is proven by establishing four elements: duty of care, a breach of that duty, causation, and the resulting death. For instance, drivers owe others on the road a duty to operate their vehicles safely and avoid causing harm.
If a driver gets behind the wheel after drinking and causes a car accident, that act may be considered a breach of their duty of care. To succeed in a claim, the victim must also show a clear connection between this breach and the injuries suffered, a link known as causation.
When a drunk driver collides with a motorcyclist and the impact causes a fatal injury, evidence such as medical records, police reports, and traffic footage can help establish the connection. Finally, the death must be translated into compensable damages, which may include medical expenses, loss of consortium, and emotional suffering.
What Types of Damages Are Available to the Surviving Family?
In a wrongful death case, justice often takes the form of financial compensation. This could consist of several different types of damages, depending on the details of the accident and the strength of the claim. Some examples of potential compensation available to the surviving family include the following:
- Medical expenses before death, if the deceased received treatment before passing
- Funeral and burial expenses
- Loss of the deceasedโs expected earnings
- Loss of benefits, such as pension plans or health insurance
- Value of services the deceased would have provided, such as childcare and household services
- Loss of companionship
- Loss of care, comfort, and guidance
- Emotional distress and suffering of the deceasedโs family members
- Loss of consortium for spouses
Utah courts will occasionally award punitive damages in cases involving extreme negligence. Wrongful death claims commonly fall under this category, especially when egregious or reckless behavior took place.
How Does the Comparative Negligence Rule Affect Your Case?
Utah follows a rule called modified comparative negligence under Utah Code ยง 78B-5-818, which states that a party can recover damages so long as they are less than 50 percent at fault. Being found 50 percent or more liable for your injuries will bar you from recovering compensation.
This applies in wrongful death cases as well. The court will assign fault to the deceased and reduce damages proportionally. At Feller & Wendt, LLC, our St. George wrongful death attorneys protect families from unfair blame and seek rightful compensation.
Our Teamโs Role in Supporting Families After a Wrongful Death
When you partner with our team, we immediately begin building a solid case for compensation. The first step is an in-depth investigation into the details of your loved oneโs accident.
We will gather vital evidence of the other partyโs fault and handle all communication with insurers. Our attorneys file your claim with everything necessary for success. However, we will not hesitate to take your case to court if necessary. All of these efforts are done with your familyโs well-being at the forefront, ensuring you are given the space needed to begin the healing process.
How Insurance Companies Reduce Wrongful Death Payouts and How We Fight Back
Insurers may use several different tactics to minimize compensation. The most common of these include the following:
- Rushing settlements โ Insurance companies often pressure victims or their families to settle immediately after an accident. Our team pushes back on unfair settlement offers to ensure you are given the damages you deserve.
- Disputing fault โ Another strategy used to reduce compensation is displacing fault. In Utah, you risk losing the right to recovery if found liable for 50 percent or more of the accident. However, even if insurers cannot wholly exempt you from damages, they may try to assign a higher percentage of fault to minimize your payout. We use evidence to disprove the fault insurers try to assign to your loved one.
- Undervaluing damages โ If insurers successfully undervalue your damages, you may be left with a compensation amount that does not fully reflect your losses. Our attorneys will ensure your claim adequately outlines the damages you sustained, allowing the court to assign a fair compensation amount.
- Claiming pre-existing conditions โ One frustrating tactic used by insurance companies is claiming the victimโs injuries existed before the accident. Their goal is to argue that the death was not entirely caused by the defendantโs negligence, but instead was partly or primarily due to the deceasedโs pre-existing health issues. Our team has helped past clients overcome this false claim and can collect the necessary evidence to show your loved oneโs injuries were the direct result of the defendantโs reckless actions.
Our St. George lawyers anticipate and counter each tactic that insurers throw at your wrongful death claim. We always recommend speaking with a lawyer first before engaging insurance companies.
Talk to Our St. George Wrongful Death Lawyers Today
If you are in the aftermath of a loved oneโs wrongful passing, you are likely dealing with intense emotions and mourning. Our compassionate attorneys are dedicated to seeking justice for wronged families across Utah.
Do not wait to get the support you deserve from a knowledgeable and well-versed legal team. Our committed advocates could take on your loved oneโs case from start to finish, handling all the details while you focus on healing. Contact our law office today to speak with a St. George wrongful death lawyer.
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*This information provided by Feller & Wendt, LLCโข is for informational purposes only and should be in no way construed as legal advice.
