Wrongful Death vs. Survival Action in Utah
Utah law actually recognizes two separate claims after a fatal accident, and families are often surprised they are not the same. The wrongful death claim under Utah Code § 78B-3-105 belongs to the surviving heirs and pays for their losses, like lost support and the companionship and guidance the family no longer has. A survival action under Utah Code § 78B-3-107 belongs to the estate and recovers what your loved one could have claimed had they survived, including their medical bills and the pain they consciously endured before death. The two often proceed together, and sorting which losses belong to which claim is part of getting your family everything it is owed.
What Is the Deadline to File a Wrongful Death Lawsuit?
 Coping with the death of a loved one can take time. They say grief has no time limit. Unfortunately, wrongful death lawsuits do. Utah limits the time a family has to file a wrongful death lawsuit on behalf of a loved one. In most cases, families have two years from the date of the individual’s death to file a lawsuit. If your case is against a government entity, you have even less time to file and must do so within one year of the date of death.
Although it can be challenging and painful for families to come to terms with their loss and file a wrongful death lawsuit, failing to meet this strict legal deadline can result in your case being dismissed by the court. When that happens, you lose the ability to recover compensation through a lawsuit and may have no other options for pursuing the money you need.
A supportive Provo wrongful death attorney can manage your case from start to finish, being mindful of all legal deadlines. Once you have an attorney working for you, you can focus on caring for yourself and your family instead of the legal intricacies involved in Utah wrongful death law.
What Can a Provo Wrongful Death Attorney Do for Your Family?
After losing a loved one, no one’s first thought is to call an attorney. You need time to sort through your emotions, grieve, and be there for your family. Unfortunately, coping with the sudden loss of a loved one is made all the more difficult when bill collectors come calling, and you’ve lost a family member vital to your household’s survival, whether that member was the main breadwinner or the primary childcare provider. Working with an attorney as soon as possible means you are getting the immediate legal advice you need and having another source of support on your side.
A compassionate Provo wrongful death attorney wants to help you recover maximum compensation for your family’s losses. However, they also want to give you the moral support to navigate this devastating time. What can a wrongful death lawyer do to help your family during this vulnerable time? At London Harker Injury Law, our team can:
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Prove how and why your loved one died
We investigate the cause, bring in the right experts, and assemble the evidence that establishes another party’s liability.
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Put a fair value on your family's loss
Beyond funeral and medical costs, we account for the income, benefits, and guidance your loved one would have provided for years to come.
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Coordinate the estate's survival claim
Where the estate can also recover for what your loved one suffered before death, we pursue it alongside the family’s claim.
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Shield you from the insurers
We take over communication so adjusters are not pressuring a grieving family for statements.
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Protect the filing deadlines
We track the two-year window, including the shorter one-year window for claims against a government entity, so nothing lapses.
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Support your family throughout
We keep you informed and carry the legal weight so you can focus on each other.
Nothing can bring back your cherished family member. However, we aim to recover compensation for your loss so the financial burden of losing a family member doesn’t continue to complicate your life and take away from the grieving process.