The loss of a loved one can easily be the most painful time in a person’s life, especially when it happens suddenly and without warning. It’s even more heart-wrenching when your loved one was killed as the result of the negligent act of another. Life as you know it will never be the same.
Although there is no amount of money that could bring back your loved one or ever replace what your family has lost, the person responsible for the accident deserves to be held accountable. A Salt Lake City wrongful death attorney from Craig Swapp & Associates can help you achieve justice against the negligent party and obtain the compensation you deserve for your losses.
Losing a Loved One Is Painful
Whether your loved one passed away in a motor vehicle crash , due to a defective product , or from medical malpractice , the financial devastation it leaves can be devastating, especially when the victim’s income is necessary for your family to make ends meet.
A wrongful death lawsuit is a civil case filed against a person or business that was legally responsible for causing the victim’s death. The act that caused or contributed to the death can be the result of the following:
- Negligent or careless conduct, such as medical malpractice
- A reckless or grossly negligent act, such as a car wreck caused by a driver under the influence of alcohol or drugs
- An intentional act , such as an assault
- Defective product design
The Duty of Care
Like personal injury lawsuits , wrongful death lawsuits are based on the principle of negligence and hold a defendant to the same legal standard. To win a wrongful death suit, your SLC wrongful death lawyer must prove a number of points:
- A duty of care was owed to the deceased victim
- That the duty of care was violated by the defendant
- That the defendant’s breach directly caused the death or fatal injury
- That the plaintiff suffered damages as a result of the wrongful death
Who Can File a Wrongful Death Lawsuit in Utah?
When a loved one is killed, close family members of the deceased, such as a spouse, parent, or child, can file a wrongful death lawsuit on the deceased’s behalf. If the victim named a specific individual as his or her estate’s personal representative, that person may also file.
There are also circumstances that may allow stepchildren and other blood relatives to file suit. Your fatal accident attorney in Salt Lake City will help you determine if you are eligible should there be any uncertainty in your case.
Damages for the Loss of a Loved One
What can be recovered through a wrongful death lawsuit largely depends upon the damages suffered by the victim and his or her family, which may include the items listed below:
- Medical expenses
- Funeral and burial costs
- Loss of companionship or parental guidance
- Loss of services, such as childcare or housekeeping
- The mental and emotional anguish of the family
- Lost financial support, including insurance or pension benefits
When your wrongful death lawyer in Salt Lake City can prove that the defendant caused death through intentional or grossly negligent conduct, punitive damages may also be awarded.
Utah Statute of Limitations
Just like with personal injury claims, there is a statute of limitations for wrongful death lawsuits in Utah. In order to seek financial compensation , you will need to file your claim within two years of the deceased’s date of death.
This time constraint is reduced to just one year if a government entity was responsible for the incident.
Work with a Qualified SLC Fatal Accident Lawyer
We understand that your loss can have a profound effect on your family’s wellbeing. A Salt Lake City fatal accident attorney from Craig Swapp & Associates can help you seek the compensation that your family is depending on.
We offer all new clients a free, no-obligation consultation , so there’s absolutely no risk in coming in and finding out what we can do for you . Call 1-800-404-9000 today or complete the form below to speak with a compassionate Salt Lake City wrongful death attorney.
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Client Reviews
“I was concerned with all the paperwork”
Before calling your firm I had 2 big worries. One was I didn’t want to do more paper work, and that fear was resolved when I had to do very little, but Craig Swapp and Assoc. did most of it, and when I did have to come in to sign papers they worked around the times I could do it. Worry 2 was I didn’t want people to think I was “sue happy” and that I was just out to get money. I just wanted my bills to be paid for that were from the accident, and that was resolved I think by Mr. Wes Mortenson and Theresa because they listened to what I had to say.
Amber W.,
Spokane, WA
"I would hire them in a second"
My biggest fear was not having all the expenses caused by the accident paid for in full. I was assured they would be taken care of but I admit I was skeptical. When we wrapped everything up (which happened quicker than I was originally told) I had extra money in my pocket. I honestly thought there was a catch but my attorney explained everything to me in detail. If I am ever in that position again I’ll be giving Craig Swapp a call.
Robert N.,
Spokane, WA
"I was afraid of the fees"
I was afraid of the fees I would have to pay a lawyer. I waited over a year before hiring your law firm. I finally reached out to your online help where they were able to help me understand the process and what would happen. In all honesty I absolutely loved working with the individuals that were involved in my case. They were genuine & heartfelt about my case. It felt as though they really cared and were concerned about me, not just as a client but as a person.
Lacey B.,
Salt Lake City, UT
"I was afraid that my issue was too small"
I was afraid that my issue was too small to be handled, and that it would just be rejected. Or that I’d end up having to pay for my medical expenses and any of your teams expenses. I would definitely answer yes, it was resolved! I wasn’t ever made out to feel like my little issue didn’t matter, and my expenses were paid for- just what I wanted/needed.
J. Rohas,
Caldwell, ID
"I am very pleased with the results"
My biggest fear was that it would be pointless to pursue legal action in my case. I felt like maybe I didn’t have much of a case. After speaking with Paul, I realize it was not of my own fault and that others can be held responsible for the pain and suffering I went through.
Dollie J.,
West Jordan, UT