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Wrongful Death UtahFind out if we are the right attorneys for helping resolve your case.
Layton Wrongful Death Attorney in Utah
The death of a loved one can be devastating. In addition to the emotional turmoil that comes from the loss, medical bills, and funeral expenses can be overwhelming. If your loved one worked to help provide for your family, it may become a struggle to cope with life’s demands on a reduced income. When the death of a loved one is the result of someone else’s fault (i.e., a wrongful death), you have legal options.
Under the law, you can claim compensation for financial losses and emotional suffering caused by the wrongful death of a family member. Such cases are complex and can be lengthy. Representation by a law firm experienced in wrongful death cases is essential. While cases can be won without representation, insurance industry studies show that fighting the legal battle with a lawyer will reward you with a much higher settlement. It is proven that plaintiffs without legal representation often misstep in their case by giving a recorded statement, demanding too much or too little, assuming the system makes sense, taking the insurance company’s “final” offer and settle the case without knowing the full extent of their injuries. Here at LeBaron & Jensen, P.C., our attorneys are driven by a sense of justice. We believe in helping individuals who have suffered because of others’ negligence; we also believe that they shouldn’t deal with their losses by themselves. If you have lost a loved one due to the actions of another, you may be entitled to monetary compensation. Nothing can bring your loved one back, but we can work to guarantee accountability and try to replace the value of the support the deceased would have provided to their loved ones had their life not been cut short.
At LeBaron and Jensen, P.C., we work tirelessly to use all resources necessary to effectively settle your claim. We understand the difficulties that arise after losing a loved one, so we strive to take on the stress, so you don’t have to. Finalizing a loved one’s affairs can involve financial complications. That’s why we operate on a contingency fee basis, so we won’t get paid unless you do.
Bringing a Wrongful Death Claim
In Utah, wrongful death claims usually must be brought within two years from the date of death, although there are some exceptions that may shorten or lengthen this time period. A personal representative may bring a wrongful death claim on behalf of the heirs, or the heirs may bring the claim themselves. A personal representative is someone—usually an heir—who is appointed by the court to handle the financial affairs of the person who died. The wrongful death heirs in Utah are the surviving spouse, children (including minor stepchildren who were primarily financially dependent on the person who died), and parents. If none of these people are alive, then certain other blood relatives may be heirs. If a loved one has died because at the fault of another, an experienced wrongful death attorney in the state of Utah can prepare and file the paperwork necessary to get the court to appoint a personal representative. The attorneys at LeBaron & Jensen regularly do this for our clients without charging any additional fees.
Wrongful Death Definition
A wrongful death case allows family members to seek financial compensation when a loved one has died as a result of someone else’s negligence. Wrongful deaths can be the result of a variety of accidents and can receive compensation for a variety of damages. It isn’t always clear whether or not you have a viable wrongful death case, so always consult with an attorney before you make a decision.
If your relationship to the deceased is one of the people identified here, you may pursue compensation for the wrongful death of your loved one:
- Immediate family, such as a spouse, biological or adopted child, or parent
- Domestic or life partner
- Parent of a deceased or unborn fetus
- Financial dependent
- Other family member, such as a brother, sister, or grandparent
Wrongful Death Case Important Elements
Wrongful death lawsuits are founded on the principle of negligence. If it is determined that a defendant neglected his or her duty of care, they will be held liable. In order to effectively win your wrongful death lawsuit, your attorney will need to prove the following:
- The defendant owed a duty of care to the deceased victim
- The duty of care was effectively violated by the defendant
- This breach of duty directly resulted in the death of the victim
- The plaintiff suffered damages as an impact from the wrongful death
Some common wrongful death cases include the following:
- Car accidents
- Birth injuries
- Truck accidents
- Medical malpractice
- Workplace accidents
Damages You Can Pursue in a Wrongful Death Case
To determine the damages awarded in a wrongful death case, the court will consider a variety of factors, such as the relationship the survivor(s) had with the deceased, the amount of the deceased net income available to the claimant, life expectancy of all parties, and the replacement value of the deceased services.
As a plaintiff in a wrongful death lawsuit, there are certain damages that you may be entitled to recover as surviving family member of the victim. Some of these include:
- Medical expenses prior to death
- Expenses from funeral and burial
- Loss of companionship
- Loss of services, such as childcare etc.
- Mental & emotional anguish suffered
- Loss of financial support
- Future wages the deceased would have earned
Punitive damages may be awarded in addition to other damages based on the case. If the other parties’ actions are deemed intentional, reckless, or grossly negligent, punitive damages are often served to punish the offending party.
What if the deceased didn’t have or had never held a job?
You may have noticed that many of the damages available in wrongful death cases have to do with income. Fortunately, the court recognizes that not all contributions a person makes in their lifetime are strictly economic. If your mother or father was a homemaker, for example, and they were killed in a car accident, your family would still be entitled to damages. A stay-at-home parent contributes domestic services, guidance, and nurturing to the family. When these contributions are translated to measurable, monetary terms, they are called “pecuniary losses,” and they may justify damages in a wrongful death suit.
Similarly, wrongful death actions can be brought after the death of a child or retired senior. Unfortunately, their earning potential is speculative or minimal, so damage awards are usually more modest. Nevertheless, if you have lost someone, you deserve to be compensated for both the economic and non-economic losses you suffer from each and every day.
What is a survival action?
Survival actions are described in Section 78B-4-107 of the Utah Judicial Code. Essentially, if your loved one lived with the consequences of the wrongdoer’s behavior before dying, you may be able to recover damages for the pain, suffering, and losses they endured before their death. When someone dies, their personal injury claim does not die with them and can be awarded to their estate.
Survival actions are about the deceased, and not about their family members or any grief resulting from their death. As a result, any survival action you wish to pursue must be filed separately from your wrongful death lawsuit.
Contact us as soon as possible following an accident resulting in the death of another so we can gather evidence and talk with all parties to ensure we are able to build the strongest possible case for your potential entitlements. We offer a free, no-obligation consultation for all new personal injury and wrongful death cases, so don’t wait.
We’re a talented group of attorneys interested in helping our clients get a fair settlement for their Personal Injury Cases.
Our clients are grateful for support and compensations we have helped them receive!
The attorney's at LeBaron & Jensen share a will to win, but not at your expense. They're caring, transparent and competent attorney's with a strong work ethic. I've enjoyed working with Chase Adams who helped settle a dispute. He proved to be resourceful, diligent, thoughtful and responsive. Personality is as important as the attorney's skill set and experience. Chase Adams will take his time to make sure your expectations are in line with your needs. A settlement is always better than negotiating or fighting with difficult to read Pleadings. What is Chase's strategy? To get great results and stay out of court. But if your case warrants court, Chase Adams is comfortable in front of a judge and at the settlement table. You'll enjoy the effort that the attorney's with LeBaron & Jensen will make to minimize your expense and maximize value.
Darrell C.
- Lebaron & Jensen gets the job done! A fabulous firm that effectively gets to the heart of the matter and represents you the way it should be done - as an experienced and successful advocate! They are communicators and always keep you "in the know"!Positive: Professionalism, Quality, Responsiveness, Value
John C.
- LeBaron & Jensen are awesome to work with, they answered all our questions and helped steer us in the direction to best extinguish our situation quick and cost effective I would highly recommend them.Positive: Professionalism, Quality, Responsiveness, Value
Kory D.
I had a great experience with LeBaron & Jensen P.C. They kept in contact with me throughout the entire process, and were extremely informative and explained anything I didn’t understand about the proceedings of the case. I would highly recommend LeBaron & Jensen to anyone seeking Legal representation. I was driving westbound on Highway 193 in Clearfield Utah, when I came to the intersection of 1000 East and Highway 193. I noticed that a firetruck was travelling east towards the intersection with its emergency lights on, all traffic around me, including myself, slowed to a stop to allow the firetruck an unimpeded path to travel. However, I noticed the Jeep behind me wasn’t slowing down. There wasn’t anything I could do to avoid the collision, so I just braced for impact. Although I was wearing my seatbelt, I still suffered many injuries to my neck, shoulders, back, and arms. About a month after the accident I finally sought medical help for my injuries. I underwent many years of treatment for my accident-related injuries, including a carpel tunnel surgery and 2 rhyzotomy procedures, x-rays, MRIs causing me to incur over $60,000 in medical expenses. I decided I should seek legal help with my case, as I knew there was no way I could pay my medical expenses on my own. The legal team at LeBaron & Jensen were exceptional. They were able to negotiate with my health insurance and medical providers, lowering costs where they could. When all my legal and medical fees were paid, I was left with over $79,000. This money will help me pay for the future treatment that I will have to receive to try and help alleviate my future pain and suffering. I’m grateful for LeBaron & Jensen P.C. and everyone there who helped with my case! I thank them every day for the patience and persistence it took to see this through to a beneficial end.
Lora B.
- LeBaron & Jensen did a great job for me, kept me informed throughout the process, and helped make sure that my case went smoothly. I would absolutely recommend them to anyone who needs responsive, compassionate, and helpful lawyers who care about their clients”.Positive: Professionalism, Quality, Responsiveness, Value
Paul B.
LeBaron & Jensen did a great job for me, kept me informed throughout the process, and helped make sure that I got the compensation I needed. I would absolutely recommend them to anyone who is suffering after an accident like mine. I was driving eastbound on Highway 193, a four-lane highway in Layton, Utah. I came to a stop at the two-way intersection of Highway 193 and North Hills Drive. The other driver failed to yield to my right-of-way and proceeded southbound through the intersection, I wasn’t able to stop fast enough, and I T-boned the other vehicle at a high speed. The impact of the crash was so severe that it triggered my vehicle’s airbags. The severity of the crash caused many serious and extensive injuries to my neck, back, shoulders, and head. Thankfully, I was restrained by my seatbelt, which prevented any worse injuries. I had to receive treatment for over a year and a half following the accident, including surgery on one of my shoulders. I was faced with $76,000 in medical bills. I knew I needed help, so I contacted LeBaron & Jensen P.C. Their attorneys worked diligently and negotiated with my insurance providers. After paying all my medical and legal fees, I was still able to pocket $51,000 to compensate for the pain, and suffering I endured because of the accident.
Ted D.
In January of 2014, my husband was involved in a terrible accident. He was driving on highway 89 in Wellsville, UT, when another driver ran a stop sign and pulled out in front of him. He tried to swerve out of the way, but he wasn’t able to avoid hitting the other vehicle. The resulting impact was so severe that even though he was wearing a seatbelt, he was violently thrown around in the cab of his truck and, as a result, hit his head on the windshield. This caused many injuries to his shoulders, back, and neck. My husband also suffered massive bruising and internal damage, and that’s not even the full extent of the injuries he suffered. He had to receive extensive treatments, including several shoulder surgeries, to try and help alleviate the pain he suffered because of the accident. Even after he underwent all those treatments he was still left in immense pain, and to top it all off, he was diagnosed with cancer in July of 2016. He decided to put off treatment for his shoulders to try and focus on his cancer treatments. He passed away in October of 2017. LeBaron & Jensen were there fighting for us through it all. They were able to get a settlement that covered all of Robert’s accident-related medical bills and all the required legal fees and additional money for his pain and suffering as a result of the accident. I’m so grateful for LeBaron & Jensen and all their support for myself and my husband through the years.
Ruth B.
- Positive: Professionalism, Quality, Responsiveness
Abriam B.
- When I tried to get coverage from the other driver’s insurance, they denied it. They told me that they had canceled the policy only a few days before the accident. The attorneys at LeBaron & Jensen P.C. were able to force the other driver’s insurance to pay out her policy limits of $25k plus replacing my car. I even ended up with a little money to set aside, that was important because this accident left me permanently disabled. The LeBaron & Jensen team negotiated with my health insurance provider and my other health care providers to reduce the costs of my medical expenses. I am very thankful for their professional service, and hard work. I couldn’t have negotiated on my own, I needed every ounce of energy to recover.Positive: Professionalism, Quality, Responsiveness
JoNell R.
- Positive: Professionalism
Wallace H.
Contact LeBaron & Jensen Attorneys Today.
LeBaron & Jensen has decades of combined experience handling a variety of personal injury cases throughout the mountain states. We provide free, no-obligation consultations for a variety of personal injury claims.
LeBaron & Jensen, P.C.
1241 N Main St, Layton, UT 84041
Email: miles@lebaronjensen.com
Phone: 801.773.9488
