What Damages Can Be Recovered in a Provo Wrongful Death Lawsuit?

The death of a family member due to wrongful negligence or a criminal act is one of the hardest things a person can deal with. Many people struggle throughout their lives to cope with this situation. To make things more manageable, the lawmakers in Utah allow families to file for wrongful death lawsuits which are a public plea to uphold justice against the deceased’s family. The surviving family members are compensated for both financial and emotional trauma due to the unfortunate event

The Purpose of Damages in Wrongful Death Cases

In the case of Utah, every wrongful death lawsuit seeks to compensate the family for both potential damages and losses that they would incur due to death. It is no lie that the loss of a loved one leads to grief but also many expenses as well. The fundamental purpose of awarding damages is to give the cased family peace of mind, ease the suffering and financial burden.

There are two main types of damages available in wrongful death claims. These include economic and non-economic damages. In very specific circumstances, punitive damages might also be included, particularly if the defendant acted without care towards the victim.

Economic Damages: Calculating Tangible Losses

Financial damages stems from the economic contributions that the deceased would have made to the family if the accident did not occur. This is often the simplest to calculate since it is backed by documentation like medical records, bills, pay stubs, and testimonies from qualified experts.

Economic damages may include:

Medical expenses that are incurred for treating the injury or illness which eventually lead to the death.

Costs associated with funerals and burials which fall within a range of thousands to tens of thousands of dollars.

Loss of income for the deceased, as well as potential income earning opportunities in the future, relative to the age, occupation, and life expectancy of the deceased.

Medical insurance, retirement benefits or pension, which the deceased contributed and are no longer active will be considered loss of benefits.

Loss of household services in the form of childcare, housekeeping, or elder care which the deceased regularly provided.

An experienced Provo wrongful death lawyer will collaborate with economic professionals to highlight all of these losses, properly quantify them, and ensure they defend them in court or insurance company.

Non-Economic Damages: Valuing Emotional Losses

Non-economic damages best portray the emotional impact of losing a loved one, thus making them difficult to quantify. They financially compensate relatives for the emotional, psychological, or relational effects and damages incurred after losing someone important to them.

Non-economic damages provide no direct compensation, yet cover the following:

Loss of companionship and love.

Loss of nurturing children’s guidance and a parent who cared for them.

Emotional distress and mental suffering of the survivors.

Loss of consortium who is the surviving spouse.

Loss of intimacy and partnership with few survivors.

Loss of enjoyment because a loved one is no longer present.

Each of these damages is personal and different for each family. A caring Provo wrongful death lawyers understands this and know how to tell your case in the right way by using witness testimony, documents, and expert evaluations proving you emotionally suffered from the loss in question.

Dismissing the value of infractions as negligence will lead to the infliction of appropriate punitive damages: when non-judicial deliberation constitutes drastic negligence.

Utah courts in particular cases have been found giving punitive damages alongside non and economic damages which is incredibly rare. In any case these punitive damages serve no compensatory value for the family but to chastise the wronged and dissuade the same action.

Punitive Damages: When Negligence Becomes Gross Misconduct

Purposeful infliction of injury or injury sustained due to great negligence.

Example of gross negligence is rock drunk driving and causing a fatal accident.

Infliction of injury with negligent intent of a party who's responsible for the injury and who ignored safety measures.

A wrongful death attorney in Provo will evaluate the details of your situation to see if punitive damages are applicable. If so, your lawyer will make sure to hold the defendant liable.

Who Can Recover Damages in a Provo Wrongful Death Lawsuit?

A specific set of people is entitled to claim damages in a wrongful death case under the laws of Utah. Such people usually had a close relationship with the deceased either through family or finances.

These parties may include the following:

Spouse of the deceased.

Adulted children of the deceased.

Parents, if the said deceased is a minor, unmarried and childless.

Other dependents like step-children, or other relatives, who were financially dependent on the deceased are included.

A representative of the estate becomes personal and nominated for claiming by eligible beneficiaries, while damages are divided according to the endorsement.

There's no limit on how many survivors can claim damages but the survivors' entitlement decreases depending on the relationship they have with the deceased. The greater the loss, the greater chance survivors stand to claim. A skilled lawyer specialized in wrongful death cases will guide you alongside identify claiming chances making sure the damages will be divided in a just way according to the law.

Factors That May Affect the Amount of Compensation

All wrongful death cases are unique, and your family’s compensation may be affected by multiple factors. A skilled wrongful death attorney in Provo will examine these factors in detail to prepare the strongest case possible.

• - These factors, among others, affect compensation:
• - The age and health of the individual at the time of death
• - The deceased individual’s income and earning potential
• - The degree of financial dependency the survivors had on the deceased individual
• - The level of negligence or malfeasance
• - The caliber of supporting documentation, expert testimony, and other evidence
• - Should the claim be settled out of court or resolved by jury trial.

Each insurance company comes with its own set of policies regarding compensation. A Provo wrongful death lawyer will meticulously strategize reclaiming the rightful compensation.

How an Experienced Provo Wrongful Death Lawyer Can Help

It is exceptionally challenging to navigate a wrongful death case while personally mourning the loss of a loved one. Aside from legal representation, an attorney guides you through the complexities of your circumstances, providing support when you need it most.

How will your attorney help your case?

• Look into the death and collect necessary information
• Determine the specific liable parties, and potential insurance coverage
• Liaise with financial, medical, and psychological professionals
• Manage all correspondence with the insurance companies
• Work on calculating all present and future damages
• Work towards achieving maximum compensation through settlement or trial

When it comes to legal representation, they make sure every detail is captured and that your family’s rights are protected at every turn.

Contact a Provo Wrongful Death Lawyer Today

If a family member died due to an accident inflicted by another person’s carelessness, you have the legal grounds to claim compensation. A wrongful death suit not only provides financial help but also punishes the perpetrators for their mistakes.

Flickinger Boulton Robson Weeks compassionate and experienced team assists families in Provo with navigating such trying journeys. The legal representation understands what is on the line and will work tirelessly to ensure suitable compensation.

Contact a reputable Provo wrongful death attorney at (801) 500-4000 and get your free consultation now. You only pay when they win your case.