Who is the Legal Heir in a Utah Wrongful Death Case?

Along with the emotional burdens accompanied with a Utah wrongful death comes the complicated legal process following the passing of a loved one. In many wrongful death accidents, the surviving family of the victim decides to pursue legal action against the responsible party to bring justice and closure. The legality of Utah wrongful death cases can be convoluted and one of the first questions the family usually has is the definition of “heirs,” that is, who can file a lawsuit against the responsible party?

The Wrongful Death Act has a broad definition of “heirs.” The spouse of the deceased is considered an heir along with the decedent’s children. Also, the natural or adoptive parents of the decedent are considered heirs under Utah State law. If the deceased is not survived by a wife, children, or parents, then any blood relative is considered an heir. The law also designates surviving stepchildren as heirs under specific situation. If the stepchildren are under the age of 18 and financially dependent on the deceased at the time of his/her death, then they are considered heirs.

Utah State law also appropriates responsibility to the filer of a Utah wrongful death lawsuit. The heir who brings the action has a fiduciary duty to the other heirs, “even if they are hostile.” Furthermore, the law also states that only one wrongful death action can be brought. The person responsible for the lawsuit has the fiduciary duty to look after the interests of all the heirs.

Like any legal case, Utah wrongful death claims are intrinsically complex. Seeking representation from an expert Utah wrongful death attorney can lift the legal burden from your shoulders as you work through the difficult emotions following the death of a loved one. At the Christensen Law Firm, we are dedicated to providing superlative service to our clients, approaching every case with tact and diligence. If you are the victim of a wrongful death, contact us for a free consultation on your legal rights. Together, we will work to ensure you receive the settlement you deserve.

Children and adults handle life’s events differently. This is especially the case when confronted with death. While adults have likely suffered the death of a loved one or attended a funeral, most children have not been exposed to death. Suffering the traumatic loss of a loved one can leave a young child emotionally scarred, withdrawn, and afraid. Actually witnessing the traumatic death can have an even harsher impact on the child. The following link contains helpful information for parents and caregivers with children who have been exposed to traumatic death. It can help you better understand how to guide your child through recovery.

http://www.childtrauma.org/CTAMATERIALS/loss_care_f1_02.pdf

Roll Over Accident in Salt Lake City Rollover Accident Kills Woman

KSL News reported that a woman was killed in the Salt Lake City when an out-of-control van slammed into her SUV November 11 (KSL News full report of Deadly Salt Lake Roll Over Accident).Utah Highway Patrol troopers say a man lost control of the van he was driving, crossed several lanes of traffic and cut in front of the woman’s SUV, causing it to roll.   Sadly, the female driver died shortly after emergency crews arrived. The Police suspect the driver of the van was under the influence of drugs.

We offer our deepest condolences to this women’s family.  Please keep them in your prayers.