Utah Wrongful Death Law Firm

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Creekside Injury Law - Utah Personal Injury Law Firm

Sandra Westwood (Paralegal)  |  Jenny Hoppie (Lawyer)  |  Matt Schmoldt (Lawyer)  |  Tyler Tapp (VP of Legal)  |  Annie Edwards (Paralegal)

You don’t have to navigate this alone.

We’re here to help your family seek justice at your pace, with care.

We’ve walked this path ourselves.

One of our attorneys lost their spouse unexpectedly during law school.  

As you know, it’s impossible to accurately describe how this loss rocks your world.

Attending grief support groups.  Widower conferences.  Brain fog and gut punches.  The slow work of learning to live again.

This experience guides how our law firm serves Utah families through wrongful death cases.

We listen.  We move at your pace.  And we bring genuine understanding to every family we represent.

Recent Personal Injury Settlements

Past results do not guarantee nor predict future outcomes. Matters listed were handled with co-counsel. Each case is unique.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal action brought when someone loses their life due to another person’s negligence or wrongful act.

It’s a way for grieving families to seek accountability and recover compensation for their loss  (even though no amount of money can ever undo what happened).

In Utah, families can pursue wrongful death claims after losses caused by:

  • Car, truck, and motorcycle accidents
  • Medical malpractice or misdiagnosis
  • Defective or dangerous products
  • Unsafe property conditions
  • Nursing home neglect
  • And more

A wrongful death case cannot bring back the person you’ve lost. But it CAN:

  • Hold the responsible party accountable
  • Provide financial security for your family’s future
  • Cover funeral and burial expenses
  • Recover lost income your loved one would have provided
  • Honor your loved one’s memory through justice

If you’re not sure whether your family’s loss qualifies as a wrongful death case, we can help you understand your options.

There’s no cost to ask, and no obligation to move forward.

Call (385) 263-7772 and discuss your family’s situation with us.

Who Can File a Wrongful Death Claim in Utah?

Under Utah law, the following family members may be eligible to file a wrongful death claim:

  • Surviving spouse
  • Children of the deceased (including adult children)
  • Parents of the deceased (in certain cases)
  • Stepchildren who were financially dependent on the deceased
  • Adopted children (treated the same as biological children)
  • The personal representative of the deceased’s estate

In some cases, multiple family members may have rights to file or share in a recovery.

Utah law can be complex, and who files (and how) depends on the specific circumstances of your loss.

If you’re not sure whether you have the right to file a wrongful death claim, we can review your family’s situation and explain your options.

There’s no cost to ask, and no obligation to move forward.

What Can Be Included In a Wrongful Death Claim?

Economic damages can include:

  • Funeral and burial expenses
  • Medical bills related to the final injury or illness
  • Lost wages and income your loved one would have provided
  • Loss of future earning capacity
  • Loss of household services your loved one performed
  • Loss of inheritance the family would have received

Non-economic damages can include:

  • Loss of love, companionship, and guidance
  • Loss of care and protection
  • Pain and suffering experienced before death
  • Mental anguish suffered by family members
  • Loss of consortium for spouses

In rare cases involving extreme misconduct, Utah law may also allow punitive damages (these are damages intended to punish wrongdoing and deter similar behavior in the future).

Every wrongful death case is different. What your family may be able to recover depends on the specific circumstances of your loss, the strength of the evidence, and many other factors.

We can help you understand what compensation may apply to your family’s situation.

⏳ Utah's Strict Time Limits on Wrongful Death Claims

Utah law sets specific time limits for filing a wrongful death claim and missing them can prevent your family from recovering compensation, no matter how strong your case may be.

How long do I have to file?

In Utah, families generally have two years from the date of death to file a wrongful death lawsuit.

Some exceptions can extend or shorten this deadline, including:

  • Cases involving government entities (can be as little as 1 year)
  • Cases where the cause of death wasn’t immediately known
  • Cases involving minors or incapacitated family members
  • Medical malpractice cases

Even before the legal deadline approaches, delays can hurt your case:

  • Witnesses’ memories fade
  • Surveillance footage and records may be lost
  • Insurance companies build their defense
  • Evidence at the scene may be altered or destroyed

You don’t need to file a lawsuit today. You don’t need to make any decisions immediately

But it’s worth understanding your options so your family doesn’t lose the right to seek justice down the road.

Don’t risk it, call today for a free case review: (385) 263-7772

Free Case Review

Why Do I Need a Wrongful Death Lawyer?

After a loss, the last thing your family should have to do is fight an insurance company.

But that’s exactly what happens when families try to handle wrongful death claims on their own.

Insurance companies are businesses, and their goal is to pay out as little as possible. Their adjusters handle thousands of claims and know exactly how to minimize what unrepresented victims receive.

Without a lawyer, you’re negotiating against trained professionals whose paycheck depends on protecting their company’s bottom line.

When you have an experienced wrongful death lawyer in your corner, everything changes. Insurance companies know we’re prepared to file a lawsuit, take depositions, and bring the case to trial if necessary.

That credible threat alone often leads to dramatically higher settlement offers.

Having an experienced attorney levels the field.

When you work with our firm, we step in and act as your family’s professional advocate. We:

  • Gather evidence and witness statements
  • Calculate the full value of your family’s losses
  • Negotiate with insurance companies on your behalf
  • File and pursue a lawsuit if negotiation fails
  • Communicate with you regularly throughout the process

The Next Step

  1. Call (385) 263-7772 and discuss your case with us (for free)

Frequently Asked Questions

How much does a wrongful death attorney cost?

We work on a contingency fee basis, which means you pay nothing upfront. We only collect a fee if we recover compensation for your family. If we don’t win your case, you owe us nothing.

Our law firm fees are lower than other law firms.  Call to discuss your situation with us for free.

Most wrongful death cases settle without going to trial. However, we prepare every case as if it will go to court because that’s what gets the best results in negotiation.

If your case does go to trial, we’ll guide your family through the process and work to make it as manageable as possible.

Every case is different. Simpler cases may resolve in several months, while complex cases can take a year or longer.

We move at the speed your family is comfortable with and we’ll keep you informed at every stage so you’re never left wondering what’s happening.

 

No. We can connect virtually via Zoom or we can meet you wherever is most comfortable for your family.

We have offices throughout Utah, but we’ll always come to you when that’s what you need.

 

In Utah, your family can still recover compensation even if your loved one was partly responsible for what happened as long as they were less than 50% at fault. The amount your family can recover may be reduced based on the percentage of fault.

We can review the specific facts of your case to help you understand what this might mean for your family.

We strongly recommend talking to an attorney first. Insurance adjusters are trained to ask questions designed to minimize what they pay your family. Even innocent statements can be used against you later.

If an insurance company has already contacted you, we can step in and handle all communication on your family’s behalf.

 

In Utah, compensation from a wrongful death case is typically distributed among eligible family members based on their relationship to the deceased and the specific losses they suffered. The exact distribution depends on each family’s unique circumstances.

We can help your family understand how this works and ensure that everyone’s interests are properly represented.

Many families aren’t sure if their situation qualifies as a wrongful death case and that’s exactly why the consultation is free.

If we don’t think you have a case, we’ll tell you honestly. If we believe you do, we’ll explain your options clearly so your family can decide what’s right.

Creekside Injury Law - Utah Personal Injury Law Firm

Sandra Westwood (Paralegal)  |  Jenny Hoppie (Lawyer)  |  Matt Schmoldt (Lawyer)  |  Tyler Tapp (VP of Legal)  |  Annie Edwards (Paralegal)

You don’t have to navigate this alone.

We’re here to help your family seek justice at your pace, with care.

Free Case Review

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