As it’s defined, wrongful death is “the taking of the life of an individual resulting from the willful or negligent act of another person or persons.” But there are many more specifics that govern this part of the law. In laymen’s terms this is simply a death caused by someone else, either negligently or intentionally.
Wrongful death statutes originated to aid in supporting widows and orphans and to encourage citizens to be more careful and avoid accidents. Wrongful death is not a part of a criminal charge and because of this a person on trial and cleared of murder charges can then be separately sued for wrongful death.
Though in most states an unborn fetus is not covered by the wrongful death statute, if an infant is born alive and then later dies because of an incident that happened in the womb, it can be considered wrongful death.
States differ in their rules governing who can sue for wrongful death. In Utah, a family member can sue another family member for wrongful death. There is usually more than one family member that is considered an heir and can bring a wrongful death claim. A personal injury attorney will be able to tell you what your rights are with regards to taking legal action in a wrongful death case.
Suspected wrongful death claims need to be acted upon as soon as possible. Every state has a statute of limitations on these claims. A statute of limitations is a time restraint statute that limits the period in which you can bring certain kinds of legal action. In Utah the statute of limitations for wrongful death is two years. Actions must be filed within 2 years of the date of death. However, in some circumstances a lawsuit must be filed within 1 year of the wrongful death.
Some of the most common wrongful death situations are medical negligence, and vehicle and traffic related accidents.
Wrongful death usually results in the loss of a loved one without warning. It is important that you find people who are there to make this difficult time easier. The attorneys at Christensen Law Firm can provide that help to you. Call us today at 801.506.0800 and discuss your circumstances with a compassionate professional.