Falls Resulting in Wrongful Death
While minor trips and falls may be nothing to worry about, more serious falls are not. Falls are a leading cause of personal injury in the United States, and can even result in death. When a fall leads to wrongful death, surviving loved ones are left to deal with the emotional and financial trauma. If another person or party is responsible, they should be held accountable for resulting damages. Wrongful death lawyers at Younker Hyde Macfarlane, PLLC, help individuals in the Salt Lake City, UT, area explore their legal options after a loved one is killed in a fall.
Do I Have Grounds to File a Wrongful Death Claim?
Many people only receive minor injuries after a slip or fall, and sometimes these types of accidents are caused by nothing more than a person’s own imbalance or clumsiness. However, if someone dies as a result of a fall, and if the fall was caused by another person or party’s cruel intent or negligent actions, then legal action should be considered.
To determine if a wrongful death claim can be filed, our Salt Lake City lawyers look for these key aspects of a wrongful death case:
- A loved one has died.
- The individual’s accident (or fall) was the result of someone else's negligence or recklessness.
- The death was a direct result of said negligence.
- The deceased and/or their surviving family members have suffered physical, emotional, and/or financial damages as a result of the death.
Who Can File a Wrongful Death Claim in Utah?
Wrongful death laws vary from state to state. While many states have strict regulations regarding who can file a wrongful death claim, Utah is not as restrictive. The state of Utah allows a wrongful death claim to be filed by immediate family members, such as a spouse, life partner, or children of the deceased, or by any individual who was financially dependent on the deceased (including extended family members). A wrongful death claim must be filed within two years of the event/fall that caused the individual's death, or within one year if the claim is being filed against a government entity.
Wrongful Death Damages
The type and amount of damages awarded in a wrongful death case are dependent on the degree of losses suffered by the deceased and surviving loved ones. Oftentimes, claimants are able to pursue compensation for multiple areas of loss, which may include:
- Medical expenses (for medical costs incurred between the accident and the time of death)
- Funeral and burial expenses
- Loss of the deceased’s income
- Loss of the deceased’s benefits
- Pain and suffering
- Loss of consortium (loss of companionship)
Contact Our Law Firm
If your loved one died in a fall that was caused by another person’s negligent actions, you may be due significant financial compensation for resulting damages. To discuss your situation with the lawyers at Younker Hyde Macfarlane, PLLC, and learn if you have grounds to file a wrongful death claim, schedule a legal consultation today. To start the process, contact our law firm online, or call our Salt Lake City office at (801) 335-6467.
