Wrongful Death Lawyer Salt Lake City, UT
Family members who are suffering due to the loss of a loved one, may become even more devastated to find out the death occurred due the actions of another person. Depending on the circumstances surrounding the death, family members may be able to file a lawsuit against the offender for a sense of justice and to obtain financial restitution. In most cases, a surviving spouse, children or parents of the loved one can bring forward a wrongful death lawsuit. In the midst of such profound grief, it can be difficult to imagine partaking in a legal battle. However, it is important to meet with a wrongful death lawyer Salt Lake City, UT relies on as soon as possible, as there may be time limitations for taking action.
What kind of damages may be recoverable in a wrongful death lawsuit?
The surviving family may face a multitude of challenges after the unlawful passing of their loved one. If the loved one was the sole provider to the household, this may leave the family in serious financial distress. Examples of potentially recoverable damages in a wrongful death lawsuit include:
- Funeral and burial expenses for the loved one
- Pain and suffering endured by the loved one prior to passing away
- Medical bills associated with the loved one’s injuries or illness before death
- Wages lost between the date of loved one’s injury/illness up until time of death
- Loss of inheritance
- Future earnings of the loved one that would have gone towards supporting the family if he or she was still alive
What should I know about wrongful death cases?
By law, there are four elements of wrongful death cases which must be proven in order for the surviving family to receive a financial award. Evidence can be a huge influencing factor in the verdict decision. Many family members get help from an attorney during this time for advice, representation and strategy. It can be very emotionally and mentally challenging to fight for the wrongful passing of a loved one alone. Here are the four key elements of a wrongful death lawsuit:
- It must be proven that the death of the loved one was caused at least partly due to the recklessness, negligence or thoughtlessness of the offender.
- It must be proven that the offender had a duty to the loved one, and failed to uphold this responsibility.
- It must be shown that the breach of duty committed by the offender is what led to the passing of the loved one.
- The death of the loved one must then have resulted in quantifiable losses.
Why is evidence so crucial to a wrongful death lawsuit?
Wrongful death lawsuits are considered a civil action, in which the burden of proof is generally much lower than criminal cases. However, this does not mean the surviving family should not do everything they can to gather evidence in support of their case. The offender may try to destroy evidence that connects him or her to the wrongful death in order to avoid the repercussions.
Thank you to our friends and contributors at Rasmussen & Miner for their insight into wrongful death lawsuits.