Wrongful Death Claim For Loss Of ConsortiumUtah Legal News
The death of a loved one is tragic. What makes this terrible situation even worse is finding out that your loved one died as the result of another person or persons’ negligent acts. In these cases, surviving family members may be able to recover compensation for the financial hardships they face due to the loss. Although money is no replacement for the life of a loved one, it often helps alleviate some of the financial burdens families face after them, especially if the decedent was the sole breadwinner for the family. When a family loses a loved one due to another party’s negligence, it is crucial to file a wrongful death lawsuit in a Utah court. Filing a wrongful death lawsuit allows aggrieved family members to receive remuneration for damages.
One of the areas of repayment most beneficial to surviving family members relates to the loss of consortium caused by the death. In circumstances like these, the attorneys at Siegfried & Jensen can help you better understand your rights. We will review the details of your wrongful death case in order to determine if you are eligible for restitution. If you are entitled, we will provide you with the legal guidance you need to successfully file and obtain reparations and justice for your loss.
What Is Loss Of Consortium?
Aggrieved family members are often able to recover compensation for loss of consortium by filing a wrongful death lawsuit in a Utah civil court. Courts across the state acknowledge that loved ones often contribute far more than just financial support to their spouses, children, and other members of the family. In these cases, loss of consortium refers to damages that the surviving spouse and children suffer due to the loss of the decedent.
These damages often account for non-economical support from the decedent that was provided for his or her spouse and their children. After a loved one’s death, the surviving spouse often loses the companionship, emotional support, and love that was provided by the decedent prior to death.
In cases where parents lost their child due to the negligent act of another, they are able to recover compensation for loss of consortium regarding the loss of companionship they experience in losing their child. Alternatively, children are able to recover compensation for loss of consortium related to the loss of parental guidance they experience when losing a parent.
It is crucial to contact a wrongful death lawyer as soon as possible to review your case and go after remuneration you may be entitled to for your loss.
How Is Loss Of Consortium Calculated?
Courts do not have a set formula they use to calculate the award amounts for loss of consortium. Instead, these compensations are usually calculated by considering several factors. Some factors used to determine the amount of repayment for a loss of consortium award include:
- The age of the decedent;
- The age of the spouse;
- The length of the marriage; and/or
- The quality of the relationship.
In order to recover the maximum amount of restitution under Utah law, it is crucial to consult a wrongful death attorney who can help you with your case.
Who Can File A Wrongful Death Case In Utah
The state of Utah provides several parties the opportunity to file a wrongful death lawsuit on behalf of a deceased loved one. In any case, the personal representative of the estate is able to file a wrongful death suit on behalf of the family in order to recover compensation for damages sustained due to the death of their loved one The financial awards are then deposited into the estate and distributed according to estate laws or written designation.
Other individuals who are able to file wrongful death lawsuits include:
- The surviving spouse of the decedent;
- The surviving adult children of the decedent;
- The surviving birth parents of the decedent;
- The surviving adopted parents of the decedent; and
- Other surviving relatives of the decedent.
In rare cases, other parties are entitled to file wrongful death lawsuits on behalf of the decedent’s estate, so long as they can prove that they were personally dependent upon the decedent for financial support and, as a result of the decedent’s death, they sustained damages. It is imperative to work with an experienced wrongful death lawyer from Siegfried & Jensen in order to earn the maximum amount of reparations you are entitled to for your loss.
How Long Do I Have To File A Wrongful Death Lawsuit?
Wrongful death lawsuits are extremely complicated. In addition to being an aggrieved party entitled to file a lawsuit under Utah law, it is critical to ensure the suit is filed within the statute of limitations. Currently, Utah has a two-year statute of limitations in which a party may successfully file a wrongful death lawsuit.
In cases where the wrongful death lawsuit is filed against a government entity, the filing period is shortened to only one year after the death. Filing a wrongful death claim outside of the statute of limitation will prevent you from recovering redress and obtaining the justice you deserve. Contact an attorney as soon as possible to ensure you are filing your case on time.
Hiring A Utah Wrongful Death Attorney Can Help You
If you have lost a loved one due to the negligent acts of another person or party, it is crucial to contact a wrongful death attorney to see what legal options are available for you. You may be able to recover compensation for damages sustained by you and your family due to this tragic event.
At Siegfried & Jensen, we help aggrieved families across Salt Lake City and throughout Utah obtain remuneration for medical expenses, lost wages, pain and suffering, mental anguish, loss of consortium, and several other damages. Contact our law firm as soon as possible by calling (801) 845-9000 to schedule a consultation so we can begin working on your case to determine what legal options are available for you.