Provo, Utah Wrongful Death Lawyers

What Is a Wrongful Death Claim in Utah?

A wrongful death claim is a legal action brought when a person dies due to the negligence or misconduct of another. The primary purpose of a wrongful death suit is to seek justice and financial compensation for surviving family members.

Wrongful death can result from many types of accidents.

Common examples include:

• Car accidents—a distracted or impaired driver runs a red light and causes a fatal crash.
• Slip and fall accidents—a grocery store fails to clean a spill, and a person suffers a fatal head injury after slipping.
• Dog bites—a dog attack leads to a severe infection, and the person tragically dies due to complications.

What is common among these accidents is that they could have been prevented. When someone else’s careless actions take a life, a wrongful death claim may be appropriate.

Who Can File?

Under Utah law, a wrongful death claim may be filed by the heirs of the deceased or by a personal representative of the estate to benefit the heirs.

Heirs typically include:

• A surviving spouse;
• Surviving children;
• Surviving parents (or adoptive parents);
• Stepchildren if younger than 18 at the time of the decedent’s death and received financial support from the decedent or lived with them at least part-time; or
• The decedent’s legally appointed guardian (in specific circumstances).

Because wrongful death cases involve complex rules about who may file and how damages are distributed, it is essential to work with a Provo wrongful death lawyer who can help ensure the claim is filed correctly and on time.

What Do I Need to Prove?

To succeed in a wrongful death claim in Utah, you must prove that someone else’s negligent or intentional conduct directly caused your loved one’s death. For negligence, a Utah wrongful death lawyer can help you establish the following four elements of negligence.

Duty of Care

You must show that the defendant owed your loved one a legal duty of care. This duty means they were required to act with reasonable caution under the circumstances. For example, drivers have a duty to other drivers on the road to operate their vehicles safely and follow traffic laws.

Breach of Duty

Next, you must demonstrate that the defendant breached their duty of care. A breach might include texting while driving, ignoring safety regulations, or failing to clean a hazardous spill. Essentially, a breach occurs when the defendant’s conduct falls short of what a reasonable person would do in similar circumstances.

Causation

It is not enough to show that the defendant acted carelessly. You must also prove that this breach directly caused your loved one’s death. This link between conduct and the fatal outcomes is known as causation.

Damages

Finally, you must prove that the death resulted in measurable losses. These damages include funeral costs, lost income, and the emotional and financial impact on surviving family members.

What Compensation Can I Pursue?

A wrongful death claim can provide financial relief for you and your family.

A Provo wrongful death lawyer can help you pursue different types of compensation, depending on your circumstances:

• Funeral and burial costs. A wrongful death claim can include the cost of your loved one’s funeral and burial services. These costs can add up quickly, and compensation can help ease the financial burden.
• Lost income and benefits. If the deceased was the primary wage earner or contributed to the household financially, you may be entitled to compensation for lost income. This compensation includes income they would have earned and any employment benefits, such as health insurance or retirement contributions.
• Loss of companionship and support. Losing a loved one means losing their love, companionship, and emotional support. A wrongful death claim can compensate you for this loss.
• Loss of household services. Household services include the everyday tasks and responsibilities your loved one handled, such as cooking, cleaning, childcare, and home maintenance.
• Loss of guidance. Children who lose a parent also lose the instruction, life lessons, and emotional development that a parent provides. This type of compensation accounts for the emotional and developmental loss that comes with the absence of a guiding presence in the home.

A skilled Utah wrongful death attorney can help ensure that your family’s losses are fully recognized and your voice is heard.

How a Utah Wrongful Death Attorney Builds a Strong Wrongful Death Case

At Silva Injury Law, we take a detailed, hands-on approach to every wrongful death case. We aim to hold the responsible party accountable and give your family space to grieve while we handle the legal complexities. Here’s how we build a strong case on your behalf.

Investigation and Evidence Collection

We start by gathering all relevant facts surrounding your loved one’s death. This collection can include police reports, witness statements, medical records, surveillance footage, and photos from the scene. If necessary, we consult with private investigators to help clarify what happened and who may be liable.

Collaboration with Experts

We work closely with trusted experts to fully develop and bolster your case. These may include medical professionals, accident reconstructionists, economists, and vocational experts. Their input helps us understand the full impact of your loss and present a clear, persuasive argument for compensation.

Legal Strategy and Documentation

Once we have gathered the facts and consulted with experts, we begin shaping your case’s legal framework. This involves telling your loved one’s story in a compelling, accurate, and persuasive way.

Our team prepares and files all court documents, ensuring every form, claim, and motion is complete and timely. In addition, we craft detailed demand letters that clearly explain the facts, outline the damages, and support your claim with evidence. These letters often serve as the foundation for productive negotiations with insurance companies and opposing counsel.

Negotiating a Fair Settlement in a Wrongful Death Case

Not every wrongful death case goes to trial. In fact, most are resolved through settlement negotiations. We present a detailed demand package to the opposing party, which outlines the full scope of your losses, supported by evidence, expert reports, and legal analysis.

When insurance companies attempt to minimize your claim or offer an unfair settlement, we push back in a firm, yet thoughtful, way.

We handle all communications on your behalf and advocate for the compensation you deserve. If the other side refuses to settle for a fair amount, we are fully prepared to take the case to trial.

Trial Preparation

We prepare every case as if it will go to trial. We develop your narrative, prepare witnesses, and build a courtroom-ready presentation. Our trial readiness strengthens your negotiation position and ensures we can forcefully advocate.

Contact Our Provo, Utah Wrongful Death Law Firm Today

Losing a loved one is overwhelming, and pursuing a legal case can feel like too much. That’s why the team at Silva Injury Law is here. When you contact us, you won’t get pressure or empty promises. You’ll get answers, compassion, and an experienced legal team ready to stand by your side.

We believe that no one should be denied justice because of cost. That’s why we offer a free, no-obligation case evaluation and work on a contingency fee basis. You pay us nothing unless we recover compensation on your behalf.

Call Silva Injury Law at (209) 600-4389 or reach us online today to speak with a wrongful death attorney in Utah who will fight to protect your family’s future and honor the memory of your lost loved one.