What is a wrongful death lawsuit? There seems to be some confusion on the issue — specifically what a wrongful death lawsuit entails. Someone can hire a wrongful death lawyer to file a lawsuit that involves either intentional or unintentional acts that have resulted in death. So how does a wrongful death lawsuit work? Although places like Provo, Utah might have different legal stipulations than areas of the East Coast, the framework for most wrongful death lawsuits is the same.
Medical Malpractice and Wrongful Death Lawsuits
Medical malpractice is one of the largest contributors to wrongful death lawsuits. On average, close to 90,000 (and counting!) wrongful deaths occur every year as a result of medical malpractice; however, not every victim in a situation involving wrongful death chooses to hire a lawyer. Why is this? Nine times out of 10 this occurs because the victims either don’t have access to a lawyer or are misinformed about how wrongful death works. This is unfortunate, considering that Article XVI, section 5 in the Utah Constitution states that there’s no cap for wrongful death damages — whether it’s due to a freak carnival accident in Provo or an amusement park tragedy in Farmington, Utah.
Utah Wrongful Death Stipulations
There are a few contingencies for filing a wrongful death lawsuit in Utah, however. The statute of limitations in Utah for any wrongful death claim is two years after the date of death; however, if the victim’s lawyer is filing against a government entity, the statute of limitations is shortened to one year. On a side note, Utah also allows something called “loss of consortium;” if, for example someone lost her spouse due to a wrongful death accident at a shopping mall in Provo, further damages can be award for the loss of love, companionship or emotional attachment.
Any type of incident involving a lawyer will inherently be multifaceted; however, Robert J. DeBry is here to help you. You should never have to stress about the details involved with any type of legal case — specifically a wrongful death case.