Wrongful Death

Wrongful Death

Death may occur unexpectedly in a variety of accidents, including car accidents, work accidents, explosions, motorcycle accidents, and even slip and falls. If you have a family member that died from his injuries in an accident, you may have a wrongful death claim. There are multiple things to consider before knowing whether you can make a wrongful death claim.

First, there needs to be someone to blame for the death of your loved one before you can bring a claim. The decedent cannot be 50% or more responsible for the accident in order for you to succeed on your wrongful death claim. Also, it is preferable that the at-fault person has insurance coverage to pay for your losses.

Second, you need to have a familial relationship to the decedent; this can be by blood or through adoption. The surviving spouse, children, and parents are the most common claimants for the wrongful death of a loved one. In rarer circumstances, surviving siblings may have a claim for wrongful death.

Third, you should consider the compensation you may receive for the wrongful death of a family member. Here’s a list of damages you may receive under a wrongful death claim:

  • Cost of medical treatment that was administered before the family member’s death. The treatment may be minimal, such as the cost of an ambulance, or the costs may be substantial, such as the costs of life support for 6 months. These losses are supported with medical bills and invoices.
  • Loss of financial support. If the decedent supported you financially, and now you’ve loss that financial support because of his or her death, you are entitled to be reimbursed for that loss. These losses are primarily supported with tax returns, pay stubs, and statements from co-workers and supervisors.
  • Loss of companionship. It is difficult to lose someone you love and enjoyed spending time with. Family relationships tend to be cherished above all other relationships. When a loved one dies, there’s anger, fear, depression, and sadness. We also lose the ability to spend time with and confide in that person. The loss of companionship and enjoyment associating with our deceased family member is supported by statements from the family, pictures, journals, and anything else that shows the closeness of the relationship.

It is important to keep in mind that multiple family members may each have a claim for the death of a family member. For example, John and Sally have 3 children. Both of John’s parents are alive. John was killed in a construction accident when a worker from another company caused a large stone wall to fall on John. In this scenario, the claimants would be Sally, the 3 children, and both of John’s parents.

However, each family member’s claim may be valued differently. It seems obvious that Sally’s loss is greater than either of John’s parent’s because she was relying on John for financial support, spent more time with John, and relied on John emotionally more than John’s parents. The facts of each case are unique, and a thorough analysis of all the facts is required to make sure that each family member receives a fair portion of any settlement or award.

Jensen Law Firm has successfully handled multiple wrongful death cases, receiving exceptional results for our clients. We know it is extremely difficult to lose a family member in such a tragic, unexpected fashion. Some of us are more prepared than others, but no matter how prepared you are, the loss is overwhelming. Please do not try to do this alone. Jensen Law Firm is here to help you.

If you have suffered a wrongful death due to negligence, please contact our law firm to discuss compensation.

Tell us what happened. We can help.

Serving all of Utah, Idaho & Wyoming

Call or message us to let us know how we can help. We are available 24 hours a day, 7 days a week and we would be happy to come to you.

Send us a message