Utah Wrongful Death Lawsuit Statute of Limitations
If one of your loved ones is killed in an accident in Utah, the attorneys at Christensen & Hymas can help you win a wrongful death lawsuit. There are many types of accidents behind wrongful death lawsuits, from reckless driving to medical malpractice. We understand how devastating these accidents can be. No matter what the cause, we are here to help you win your case. With the help of an attorney, you can make sure that your case meets all legal requirements. One important requirement is filing your claim within the Utah wrongful death lawsuit statute of limitations.
The “statute of limitations” is the amount of time you have after the accident to file your lawsuit. This page outlines the details of this timeline, as well as what you can do to make sure that you have the strongest possible case.
If you need the help of a Utah wrongful death lawyer, please contact Christensen & Hymas today! We can help you get the compensation you deserve for the death of your loved one. We work on a contingency fee basis, which means that you will not pay us any legal fees or costs unless we win your case.
How Much Time Do I Have to File My Utah Wrongful Death Lawsuit?
If one of your loved ones is killed in an accident, the statute of limitations on a wrongful death case is 2 years. In other words, you have 2 years from the date of the accident to file your lawsuit. For example, if the accident happens on September 1st, 2017, you have until August 31st, 2019 to submit your wrongful death lawsuit.
If your loved one was wrongfully killed by a government employee who was on the job, the statute of limitations changes. If you are filing a lawsuit against the government, you only have 1 year to submit to submit a notice of claim.
- What Can I Recover in a Wrongful Death Case?
The family members of a wrongful death victim can receive compensation for their losses and damages. These losses can come in many different forms. You can receive compensation for the following damages:
- Medical bills and expenses
- Funeral costs
- Your pain and suffering (and that of other family members)
- Loss of income and other benefits (like healthcare and pension)
- Loss of marital consortium/companionship
- Punitive damages
Recovering these losses can help you get back on your feet after the death of your loved one. It is very important that you file your wrongful death lawsuit within the statute of limitations.
What Happens to My Case if I Don’t File in Time?
The statute of limitations is the law, and your opportunity for compensation is likely lost if you don’t file in time. You will most likely not be able to recover any of your losses and damages if you do not file your Utah wrongful death lawsuit within 2 years. (Or 1 year if your claim is against the government). In this situation, you may be left with huge medical bills and other expenses. This only adds to the pain and stress of losing your loved one, so we strongly recommend submitting your wrongful death claim as quickly as possible.
- How Can I Be Sure Not to Miss any Deadlines During Such a Stressful Time?
Wrongful death lawsuits, like most legal cases, can be very complicated and frustrating. An experienced wrongful death attorney can help you make sure that your case is strong and submitted on time. At Christensen & Hymas, we frequently help clients win wrongful death claims and get the compensation they need and deserve. We are experienced handling these types of cases and will work harder than anyone to ensure your claim is successful.
We know that the loss of a loved one is devastating. There is, understandably, a grieving period. However, it is still very important to file within the 2-year deadline. If you work with us, we will handle every aspect of your lawsuit, so that you can focus on your personal needs.
It is easy to lose sight of the statute of limitations if you are handling your case alone. We know the details of wrongful death law inside and out and can help you win a large settlement for your losses.
What Kind of Fatal Accidents Qualify for Wrongful Death Lawsuits?
There are several different kinds of fatal accidents that can lead to wrongful death lawsuits. The Utah legal code describes wrongful deaths as “caused by the wrongful act or neglect of another” person. You may be able to file a wrongful death lawsuit if your loved one was killed in one of the following types of accidents.
- Medical malpractice
- Someone provided them with or administered an illegal drug
- Car accident
- Workplace accident
- Faulty or defective product
- Exposure to hazardous materials
Is a Spouse the Only Person that Can File a Lawsuit?
Spouses can certainly file a wrongful death lawsuit if their spouse is killed in an accident, but they are not the only relatives that can file. The following relatives can bring a claim.
- Biological or adopted children
- Biological or adoptive parents
- Stepchildren under the age of 18 who were financially supported by the accident victim
These are the immediate, legal heirs of the deceased person. Any wrongful death settlement will be distributed between any legal heirs, depending on their relationship with the victim at the time of their death.
How Can a Utah Wrongful Death Attorney Help Me?
A Utah wrongful death attorney can help you and any other legal heirs get what you need and deserve after the death of a loved one. The experienced lawyers at Christensen & Hymas know how to successfully represent you. We recently helped one of our clients, Stacey, win a large settlement in a wrongful death case after her mother was killed in a car accident.
In order for a Utah wrongful death lawsuit to be successful, the deceased person’s heirs must prove that over 50% of evidence proves that the at-fault party is responsible. This can be very difficult to do. An attorney can help you gather and use the correct evidence.
We can also help you express during your case how your loved one’s death affects you. It is very hard to put a dollar value on this kind of loss. Our lawyers know how to defend your rights and get you a sufficient settlement, while you focus on your personal needs and recovery.
Christensen & Hymas: We Take the Financial Stress Out of Your Case
You may be nervous about the costs of hiring a lawyer. This is understandable, as many lawyers charge huge hourly fees. But not us. We strive to take the financial stress out of your case. You will not pay us any legal fees unless we win your case!
While your case is in progress, we will handle all legal fees. You should not be paying exorbitant amounts for a lawsuit you haven’t even won yet! As we mentioned above, you will not pay us any legal fees unless we win your case. This is called working on a “contingency fee” basis.
In addition, we offer free case consultations. During this consultation, we will discuss your case and how we can get you what you deserve. Each case we handle gets personal attention, and we want you to know that we are here to listen to your concerns and answer your questions.
- Free Accident Books
If you would like to learn more about accident law and wrongful death cases, we offer free accident books. We wrote these books to help Utahns understand their rights in accident cases. You can order any of our available books for no cost at all.
The following books are available:
- 7 Biggest Mistakes That Can Wreck Your Utah Accident Case
- The Utah Bicycle Accident Handbook
- The Utah Dog Bite & Animal Attack Handbook
Contact a Utah Wrongful Death Lawyer Today
If you are facing losses and damages after the loss of a loved one, there is help! We at Christensen & Hymas know how to win your wrongful death lawsuit and get you the compensation you deserve. From the free initial consultation to the time your case is finished, we will work closely and openly with you. No one will work harder to win your case.
You can contact us today by calling (801) 214-0954. Or, fill out the free consultation form on the top right of this page. Our main office is in Draper, but we also have locations in Bountiful and Orem. If you cannot make it to us, we will come to you. We will meet with you wherever works best for you.
We look forward to doing all we can to help you!
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