Wrongful Death

Wrongful Death Attorneys

When a person dies because of what another person or company did, a wrongful death lawsuit should be considered. Family members might be able to receive money for their loss for such things as future lost income the deceased family member would have earned, funeral expenses, medical expenses, and loss of their relationship.

Wrongful death claims can result from many types of fatal incidents such as car crashes, injuries from a company’s product or a medical provider’s medical negligence. Persons, companies, and government agencies can be held responsible when they act in a way that causes death to a family member.

Many different circumstances can be considered a wrongful death claim such as:

• A Medical provider’s negligence that causes a death
• Exposure to hazardous substances or conditions
• Automobile or airplane crashes
• Death during a supervised activity 

Who Can Sue for Wrongful Death?

Generally, a wrongful death claim has to be made by a “representative” on behalf of the family or family member who has suffered because of a wrongful death. Usually, the representative of the estate of the person who died makes the claim. Persons who might be able to make a wrongful death claim are:

• Immediate family members such as spouses and children (including adopted children), and the parents of unmarried children all can recover damages under wrongful death actions.
• Distant family members such as brothers or sisters, or grandparents. For instance, grandparents who are raising a child.
• Life partners, financial dependents, and putative spouses. In some states a domestic or life partner, or anyone who was financially dependent on the decedent, can recover. “Putative” just means someone who had a good faith belief he or she was married to the decedent.

Who Can be Sued for a Wrongful Death?

People, companies, and government agencies can be sued for a death because of their negligence. For example, if a person has been fatally injured in a car crash that involves a semi-truck with a tire blow-out.  Wrongful death claims could include the following defendants:

• The driver at fault for the crash itself
• The tire manufacturer
• The automobile manufacturer for not providing a safe tire.
• A manufacturer, distributor, or installer of a dangerous or faulty part of the vehicle
• The trucking company who did not properly train the truck driver

Need More Answers?

Call our attorneys in Ogden UT at Mountain View Law Group for a free consultation to get your questions answered.

Understanding Your Rights in an Ogden Wrongful Death Case

What Needs to Be Proven in a Wrongful Death Claim

When families pursue legal action after the loss of a loved one, the foundation of the case rests on proving that someone failed to act with reasonable care. That might mean a company ignored a safety issue, a driver was reckless, or a healthcare provider made a preventable mistake. A trusted wrongful death lawyer will work to show that this carelessness directly caused the death and that the surviving family is now facing real, measurable losses.

Common Events That Lead to These Claims

Tragic losses can happen under a variety of circumstances. Vehicle crashes, unsafe working conditions, or failures in medical treatment often lead families to seek accountability. In many cases, there’s more than one contributing factor. An Ogden wrongful death lawyer can help identify every party that played a role, whether a manufacturer, employer, or another driver on the road.

What Survivors Can Be Compensated For

Money won’t replace what’s been lost, but compensation can ease the financial burden that follows a death. Surviving family members may be eligible for reimbursement of funeral costs, final medical bills, and lost future income. In some cases, courts may award damages for emotional loss or loss of companionship. A Utah wrongful death lawyer can explain the available compensation options based on your unique situation.

What to Expect During the Process

These cases vary in how long they take. Some claims settle quickly, especially when fault is clearly established. Others may take longer due to multiple defendants, contested facts, or insurance disputes. Acting early makes it easier to collect valuable evidence and avoid missed deadlines. Your attorney will also handle all communication with the other side, so you’re not dealing with those stressors while grieving.

What Utah Families Need to Know

Every state has different legal rules, and Utah is no exception. These cases must be filed within two years of the death, but shorter deadlines apply if a government agency is involved. Only specific individuals—usually a surviving spouse, parent, or adult child—can bring the claim. Working with a lawyer who understands how Utah courts handle wrongful death matters is key to avoiding costly errors.

Frequently Asked Questions

Who can file a wrongful death lawsuit in Utah?
A personal representative of the deceased’s estate usually files the claim. This is often a spouse, adult child, or parent.

Is there a deadline to file?
Yes. In Utah, most wrongful death claims must be filed within two years of the date of death. Shorter deadlines apply when a government agency is involved.

What if more than one person may be at fault?
Utah courts allow multiple parties to share liability. You can pursue damages from all responsible parties based on their degree of fault.

How are wrongful death settlements distributed?
Settlements are typically divided among surviving family members, depending on their relationship to the deceased and financial dependence.

Can I file if my loved one died from medical negligence?
Yes. If a healthcare provider’s actions led to the death, a wrongful death claim can be filed. However, these cases require additional procedural steps, including pre-litigation review.

Do I need to prove intent to win a case?
No. Most wrongful death cases are based on negligence, not intent. You only need to show that the defendant failed to act with reasonable care.

Can I recover damages for emotional distress?
Yes. Utah allows compensation for loss of companionship and emotional suffering in addition to financial losses.

Conclusion

Losing a loved one is devastating, especially when their death could have been prevented. At Mountain View Law Group, we’re here to help you seek justice and navigate the legal complexities of a wrongful death claim with compassion and clarity. If you believe your family may have a claim, contact our Ogden office for a free consultation—we’re ready to stand by your side.