A wrongful death lawyer Salt Lake City, UT trusts from Rasmussen & Miner handles these types of claims on a regular basis and knows how to navigate them with precision, skill, and determination. Our lawyers will do our very best to get you fair and just compensation for your unfortunate loss of a loved one to negligence, reckless or willful behavior, or a wrongful act. If you have questions and would like answers now, please call a Salt Lake City, UT wrongful death lawyer for a consultation.
What is a Wrongful Death?
Wrongful death claims, or in certain cases lawsuits, are meant to compensate family members who have lost someone to a fatal accident involving negligence. Our firm has won cases that have involved a wrongful death from a vehicular accident, medical malpractice, defective product, slip and fall, nursing home abuse, act of violence, and many more. We help families in [location] and have built an extensive network of lawyers and experts throughout the state and country. If need be, we can call upon these resources at a moment’s notice.
Who Can File a Wrongful Death Claim/Lawsuit?
Every state has its own laws that stipulate who can and cannot file a wrongful death claim. Generally the surviving spouse or legal partner, parents of a minor, or dependent children can take legal action. A probate estate may need to be set up in order for the family to pursue a claim. A wrongful death lawyer in Salt Lake City, UT can let you know if this is necessary, and if so, should be able to help you with the estate and claims process.
Recoverable Damages
Economic and non economic damages may be included in the claim.
Economic Damages
- Medical bills accumulated prior to the death
- Funeral costs
- Burial costs
- Loss of income/ earning capacity
- Lost benefits (i.e. retirement)
Non Economic Damages
- Loss of support
- Loss of consortium
- Pain and suffering
- Emotional distress
- Inability to enjoy life
Bystanders Filing for Wrongful Death Claims
Under very specific circumstances, some people, including family members, may be able to file a claim after witnessing the death of a loved one. This claim would likely be for bystander emotional anguish and distress which resulted in shock, psychological harm, and other mental and emotional health problems. An example of this might be when a family member arrived at the scene of an accident and witnessed their loved one dying. The pursuit of this type of wrongful death claim certainly requires a skilled wrongful death lawyer in Salt Lake City, UT and expert testimony who can differentiate between a standard wrongful death claim and a wrongful death claim involving bystander distress. It is possible to recover double or triple damages depending on the many factors involved in your case.
Anyone searching for a top wrongful death lawyer Salt Lake City UT has to offer will likely know that these cases may be very complicated. It can be incredibly hard for surviving relatives to focus on financial and legal matters during their period of grief. When a family does choose to take legal action to pursue compensation after the death of a loved one, it may be essential to find an experienced wrongful death lawyer Salt Lake City UT residents know to be both compassionate and effective.
At Rasmussen & Miner, we have helped many clients in the past obtain financial compensation after a traumatic injury. We are also capable of helping families pursue compensation after a relative has suffered a fatal injury due to the actions of another party. We know how emotionally taxing a wrongful death case can be, and we believe — as any respectable Salt Lake City UT wrongful death lawyer would — that the surviving relatives of a deceased loved one deserve exemplary legal counsel in their time of need.
While every case is unique, and every family may have its own reasons for filing a wrongful death claim, there are some common reasons why this legal action might be beneficial.
- Covering Medical Bills and Funeral Costs
This is one of the most basic and essential reasons why families may seek legal counsel from a skilled wrongful death lawyer Salt Lake City UT can provide. Families might not have enough money saved up to pay for unexpected medical or funeral costs when a loved one is injured in an accident.
- Compensation for Future Financial Losses
It may come as a surprise that wrongful death settlements might also include estimated financial losses in the future. If a surviving individual was financially dependent on the deceased, it may be possible to include lost wages in the settlement. Other financial costs might include a loss of work-related benefits, insurance policies, or even an inheritance fund.
- Payments for Pain and Suffering
Finally, a major part of the typical wrongful death settlement accounts for something that is intangible — but still very real for the surviving individuals. The pain of losing a companion, a parent, or even a child can be excruciating. This part of a wrongful death settlement is not intended to put a price tag on someone’s life; rather, it should be seen as a way of legitimizing the pain of losing a loved one.
Proving a Wrongful Death Malpractice Case
In order to be successful in obtaining the financial justice a victim’s family deserves in a wrongful death malpractice case, it is important to remember that there is a legal difference between medical malpractice and medical negligence. Medical negligence is only one factor of a medical malpractice case. A medical malpractice attorney must prove the following four factors, or elements, in order to be legally deemed medical malpractice:
- The victim and the medical professional had a confidential patient-doctor relationship, which means the medical professional had a duty to provide capable medical care.
- A medical professional breached their duty to the victim by failing to meet the medical standard of care when treating the victim. A medical standard of care is what other medical professionals with similar education, training, and experience would have provided.
- The medical professional’s breach of duty caused the victim injury which resulted in the victim’s death.
- The victim’s death resulted in losses to their family. These losses can include funeral and burial expenses, medical expenses, loss of financial support, loss of emotional support, and more.
What Type of Medical Negligence Can Result in a Patient’s Death?
Wrongful death as a result of medical malpractice can occur in a doctor’s office, hospital, walk-in clinic, nursing home, or other medical facility. A medical malpractice attorney may present evidence such as medical records and testimony from expert witnesses to prove that a wrongful death has occurred.
There are a number of ways that negligence on the part of a medical professional can result in a patient’s death. Two of the most common medical errors we see at our medical malpractice firm is delayed diagnosis and misdiagnosis. Other types of negligence include:
- Infections. According to the Centers for Disease Control and Prevention, hospital-acquired infections kill 100,000 victims each year.
- Labor and/or delivery mistakes. These errors put both mother and infant at risk of serious injury and death.
- Missed warning signs. When a patient’s condition is declining, there are usually warning signs that medical professionals should recognize.
- Prescription drug error. It is estimated that there are 1.5 million people injured each year because of medication errors, many of them fatally.
- Early release. Sending patient home from hospital too soon
- Surgical errors. These include operating on the wrong body part and leaving surgical instruments in the patient
- Uncoordinated care. When a patient has multiple medical professionals providing medical treatments, it is critical these professionals communicate with each other.
- Unnecessary tests. Multiple studies show that there is more than $70 billion charged each year for medical tests that aren’t needed
- Unnecessary treatments. Giving a patient treatment they do not need can be very dangerous, leading to their death.
Contact Our Wrongful Death Lawyer Salt Lake City UT Residents Trust
When you need a lawyer your family can trust, Rasmussen & Miner is here to help. Our legal team understands just how devastating the death of a loved one can be. If your family has recently suffered the loss of a loved one, you might find that it’s both helpful and comforting to have a settlement to cover past, present, and future finances.
Wrongful death claims certainly aren’t easy, as any experienced wrongful death lawyer in Salt Lake City UT would likely agree. A capable and compassionate lawyer may be able to help your family through this difficult time. For more information about scheduling a case evaluation with a wrongful death lawyer Salt Lake City UT trusts, contact Rasmussen & Miner today at (801) 363-8500.
Choose Rasmussen & Miner because we are smart, strategic, supportive, honest, and one of the leading law firms in Salt Lake City, UT. Don’t settle for anything less than our wrongful death legal services. Call us now to talk with a wrongful death lawyer Salt Lake City, UT trusts who is on your side.