Wrongful Death Lawyer Salt Lake City, UT

Our Dedicated Wrongful Death Attorneys

Our Salt Lake City, UT wrongful death lawyer understands that when a person is killed in an accident caused by the actions of another person, it can take both an emotional and financial toll on their family. Under the laws of the state of Utah, survivors of the victim can file a wrongful death claim against the responsible party to recover financial compensation for losses the death has caused.

For more than two decades, attorney Robert C. Miner from Rasmussen & Miner has assisted families in securing the compensation they deserve. We understand that although no amount of money will make up for the loss of your loved one, a wrongful death settlement can ease the financial burden associated with their passing.

Table Of Contents

• Our Dedicated Wrongful Death Attorneys
• Understanding Wrongful Death Lawsuits
• Examples of Common Wrongful Death Lawsuits
• Salt Lake City Wrongful Death Statistics
• Salt Lake City Wrongful Death FAQs
• Rasmussen & Miner, Salt Lake City Wrongful Death Lawyer
• Contact Our Salt Lake City Wrongful Death Lawyer Today

Understanding Wrongful Death Lawsuits

In the majority of states, under certain circumstances a family member may be entitled to file a wrongful death lawsuit against the at-fault party. The caveat is that the person must have been financially or otherwise dependent on the deceased. Our lawyer can review your case and clarify who might be eligible to file the personal injury lawsuit.

In general, a spouse and the victim’s children are the first tier of survivors who can file a claim. If the victim was not married and did not have minor children, their surviving parents can file the lawsuit if they were financially dependent on the deceased. If neither parent is still living, then the victim’s siblings may be able to file based on their damages associated with the loss. Our wrongful death attorney can represent you in legal proceedings.

Each state has its own rules on who is allowed to file. Our legal team can evaluate your situation to determine who may be eligible to file a lawsuit and help avoid mistakes in your wrongful death case.

Pursuing Damages

The first set of damages that can be pursued in a wrongful death lawsuit are those that were experienced by the victim from the moment of the accident or incident until the moment they pass away. These damages can include all medical expenses for emergency care and treatment the victim received, the pain and suffering they endured from their injuries, and funeral and burial expenses. Our wrongful death lawyers can review your situation to determine what damages are applicable.

The second set of damages that can be pursued are the losses that the family have experienced because of the victim’s death. These losses can include financial damages, such as the loss of the wages and benefits the victim would have provided for their family had they not been killed, as well as the emotional losses the victim’s death has caused. These emotional losses include mental anguish, loss of care, loss of guidance, and loss of companionship. We can determine a dollar amount for these non-monetary types of damages.

In addition, the family member filing the suit may also seek punitive damages. These damages are designed to punish the at-fault party when their actions or behavior that caused the victim’s death were egregious or especially reckless. Punitive damages are also meant to send a message to society that this type of behavior will not be tolerated. Not every case includes punitive damages. During your free case evaluation, our personal injury lawyer may be able to gauge if these damages are applicable under the circumstances.

Examples of Common Wrongful Death Lawsuits

Hearing about the death of a loved one is terribly difficult for family members. Then to learn that another individual or entity may have been responsible for the death can cause immense pain and anguish. Wrongful death happens when a person’s passing is caused by a wrongful act, intentionality, or negligence of another. Wrongful deaths can be a result of several situations, the most common of those being the following:

• Airplane Accidents

Most people enjoy traveling and taking an airplane is one of the most common forms of travel, especially over long distances or when you go out of the country. Some studies show that traveling by plane is much safer than traveling by car. Unfortunately, accidents can happen even while aboard an airplane, too. The plane may be faulty or not equipped to carry the weight of the passengers and luggage on board. The pilot might have a history of substance abuse, or the pilot might be unqualified to fly the particular sort of plane that crashed. In either case, you can bring a wrongful death lawsuit against the pilot’s family and the airline.

• Motorcycle Accidents

Riding a motorcycle is exhilarating and fun. Sadly, it is also dangerous and a leading cause of many roadside deaths. Many motorcycle accidents are not the fault of the rider. Motorcyclists are typically safe riders who feel more compelled than others to abide by traffic laws because they are at a disadvantage on the road. They take up less space, so they can be harder to see, and they do not have the protective coverage that cars provide. A motorcycle accident can occur when a car tries to stop a motorcyclist from lane splitting, when a driver is drunk, or when a driver is distracted while driving, such as messaging and driving.

• Dog Bites

Dog bites can be very serious. They can even be fatal. You may bring a wrongful death suit if your loved one died as a result of a vicious dog attack when the dog was a pet. Even if your loved one initially survived the dog attack and died later from medical complications, you can still bring the lawsuit as long as you can prove that the complications arose from the dog bite.

• Farm Animal Attacks

Farm handlers owe pedestrians and their neighbors a duty of care to keep their farm animals from causing havoc. Farm animals, such as cows, can accidentally cause death. For example, if a cow runs loose because, say, the farm owner didn’t fence in her or his property well, and it runs into a car–killing a passenger–or bystander, you can bring a wrongful death claim. Even if your loved one was on the farm owner’s property when the tragic death occurred, as long as she or he was there lawfully (i.e., invited there, worked there), you have a claim.

• Child Abuse

Child abuse cases make up over one million wrongful death lawsuits. Child abuse that leads to a wrongful death claim can arise from a school setting, daycare setting, babysitting, or any environment where a third party is around your child.

• Child Neglect

Child neglect is also a leading cause of wrongful death cases where children are involved. Failing to provide adequate shelter, food, and drink to a child can lead to starvation, dehydration, or fatal exposure to the elements that robs the child of her or his life.

• Car Accidents

The most common cause of wrongful deaths are due to car collisions. Most of the fatalities that occur are because one driver was being negligent or reckless by speeding, not paying attention, driving while on the phone, talking with passengers, etc. The driver who caused the accident may be held liable for the deaths and injury of all involved.

• Medical Malpractice

Most doctors, nurses, and other medical staff are very skilled. But this doesn’t mean they are not vulnerable to mistakes, as humans are not perfect. In the event of a tragic error that causes harm or death to a patient, the medical professional may be held responsible. Medical negligence can happen when doctors do not provide a reasonable standard of care that is expected in the medical community.

• Workplace Accidents

Those who do manual labor and construction jobs are at the highest risk for workplace deaths. Wrongful death can still happen in other workplace environments, such as at the office or at a retail store. When an employer does not provide a safe place free of hazards that leads to the death of an employee, the employer can be held accountable for the lack of safety in the court of law.

• Defective Products

Manufacturers and designers of products may not always take every step in verifying that their product is safe for consumer use. Sadly, many companies forego proper testing, which then results in people getting hurt or killed from it. A key component of a defective product wrongful death lawsuit is whether the consumer had used the product correctly and as intended when the harm occurred.

• Semi-Truck Accidents

If you compare the size and weight of a commercial truck to that of a standard passenger vehicle, it is no wonder that those who are in the smaller car are often the ones who suffer the most in the event of a crash. Truck accidents can happen due to trucker fatigue, poor truck maintenance, recklessness, and overloading.

• Pedestrian Accidents

Accidents involving pedestrians are much more likely to cause a fatality because the pedestrian doesn’t have any extra external protection like a car driver does. Depending on the factors of the accident, the driver and/or the city may be liable.

Salt Lake City Wrongful Death Statistics

Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. This can happen in a variety of circumstances, including motor vehicle accidents, medical malpractice, workplace accidents, and criminal acts. According to data from the Centers for Disease Control and Prevention (CDC) and other legal sources, wrongful death is a significant public health issue. It often leads to legal claims seeking compensation for the survivors.

Prevalence of Wrongful Death: Every year, approximately 170,000 wrongful deaths occur in the United States. These deaths account for about 15% of all deaths each year. Motor vehicle accidents are the leading cause of wrongful death, followed by medical malpractice and workplace accidents.

Leading Causes of Wrongful Death:

• Motor Vehicle Accidents: These accidents represent about 40% of wrongful deaths. A significant portion of these fatalities occurs due to driver negligence, speeding, impaired driving, and distracted driving.
• Medical Malpractice: Medical errors, such as misdiagnoses, surgical mistakes, hospital negligence, or improper medication, account for about 10-15% of wrongful deaths. Malpractice claims can involve substantial legal settlements and damages.
• Workplace Accidents: Accidents in the workplace, particularly in high-risk industries like construction and manufacturing, contribute to around 10-20% of wrongful deaths each year.
• Criminal Acts: Homicides and assaults lead to approximately 10% of wrongful deaths, with the remaining deaths attributed to other causes, such as product liability or defective drugs.
• Legal and Financial Impact: Wrongful death lawsuits often involve significant financial settlements. The maximum amount of compensation awarded in wrongful death cases can vary widely but typically ranges from $500,000 to several million dollars, depending on the circumstances and severity of the incident.

 

 

Salt Lake City Wrongful Death Infographic

Salt Lake City Wrongful Death FAQs

What Kinds of Damages Might I Be Able to Recover?

Most often, a loved one will be able to file a wrongful death claim to receive compensatory damages. These types of damages are things like:

• Loss of the deceased’s love and affection
• Your loved one’s pain and suffering they experienced when they were injured before they passed away
• Your loved one’s funeral and burial expenses
• Your loved one’s lost wages that they would have continued to earn if they had lived

These are just a few of the types of damages that you could win if your wrongful death lawsuit is successful.

What Must Be Proven in a Wrongful Death Case?

The burden of proof will be on you and our personal injury lawyer in a wrongful death case. You will need to show:

• The defendant had a duty of care
• They violated this duty of care
• Because the defendant breached the duty of care, your loved one died
• Because your loved one died, you have suffered damages

It is possible to get compensation for things like pain and suffering, any medical expenses related to their death, a loss of companionship, funeral costs, and even lost wages. In less common circumstances, you may also argue for punitive damages if you believe the defendant’s actions were especially reckless or negligent.

When you are going through the grieving process and would like to hold the person who did this responsible, you know you can turn to our attorney’s office who will be compassionate toward you but aggressive in the courtroom. If you would like to learn more about how we can help, contact our team at Rasmussen & Miner for more information. We are here to help.

What Is Duty of Care in a Wrongful Death Lawsuit?

When a Utah loved one dies of what appears to be a negligent or careless act, the grief from this unexpected death, along with medical and funerary costs, can feel overwhelming. You may have many questions, including those about the importance of duty of care. Our Salt Lake City wrongful death lawyer can help to provide you with answers and why the duty of care is so important to this type of case.

What Is Considered a Breach of Duty of Care?

In terms of a wrongful death case, there are several ways the alleged defendant might have breached the duty of care. Depending on the individual circumstances, this may include:

• Carelessness
• Negligence
• Gross negligence

While most incidents that cause a death are accidental, this does not excuse the accused from responsibility. For example, if your loved one was using a crosswalk and the defendant struck and killed that person while trying to drive and answer a text at the same time, the driver failed in the duty of care to protect those in the proximity of the vehicle. Taking their eyes off the road caused an accident and resulted in serious injuries or death, so that driver is not excused from responsibility, even if though the harm was accidental.

Rasmussen & Miner, Salt Lake City Wrongful Death Lawyer

1334 2nd Ave, Salt Lake City, UT 84103

Contact Our Salt Lake City Wrongful Death Lawyer Today

At Rasmussen & Miner, we know that the loss of a loved one can turn your life upside down. Death is inevitable, but if you can trace your loss to the negligence of another party, you need to get justice – and you need to take steps to make certain that it doesn’t happen to anyone else. It can be overwhelming to consider all of your legal options, but our attorney from Rasmussen & Miner can help you determine which direction you should take.

Don’t hesitate. If you’ve lost a close friend or a family member because of someone else’s negligence, you need to get closure, justice, and compensation. Get in touch with our personal injury law firm today, and see how our Salt Lake City wrongful death lawyer can help.

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