Who Can Make a Wrongful Death Claim in Utah?

CALL/TXT UTAH WRONGFUL DEATH ATTORNEY JAKE GUNTER

If you believe you have a wrongful death complaint, it is important to work with Provo lawyers that understand the complexities of filing a wrongful death claim. At Howard, Lewis & Petersen, P.C., we know that you need compassionate, skilled representation when you hire a wrongful death attorney in Utah. We are here every step of the way to get you through the process.

When you live in Utah, understand that individuals who can file a wrongful death claim are those deemed an heir of the decedent or the wrongful death personal representative of the estate in Utah.

Provo wrongful death attorneys can explain to you your rights and help you determine if you are eligible to file a claim. Heirs vary by state; if the person did not have a will, it is necessary to determine who is considered an heir for the deceased individual. If you are looking to file a wrongful death claim in Utah, you are an heir if:

• You are an adult child of the deceased.
• You are the parents of the deceased, including if you adopted the child.
• You are the spouse of the deceased individual.
• You are a stepchild who is younger than 18 and deemed financially dependent on the deceased individual.
• You are the estate’s personal representative and filing a wrongful death claim on behalf of the heirs.

Other blood relatives, such as siblings, can meet with Provo wrongful death attorneys to determine if they are entitled to file a claim based on their relationship with the deceased. In cases where there are no children or spouses, a wrongful death claim is still possible following the line of inheritance succession in Utah.

When There Is an Estate Plan

An estate plan allows an individual to name a personal representative of their estate in the event of their death. If there is an estate plan, the named individual is the personal representative and can file a claim for wrongful death on behalf of the estate. If there is no estate plan in place, the closest surviving heir generally takes on the task of becoming the presumptive personal representative. The estate plan may specify heirs and clarify what percentages of an estate each person is being granted. If there is no estate plan, the Utah succession laws fall into place.

How Long Do You Have To File a Wrongful Death Claim?

When it comes to filing a wrongful death claim, timing is important. If the wrongful death claim is due to the negligence of a government agency in Utah, the claim must be filed within 1 year of the deceased’s death date. If the defendant is not a government agency, you have 2 years to file your wrongful death claim in court. If you wait too long to file, you are not going to be able to have your claim heard in court.

A personal representative must be the person to file a wrongful death claim in civil court, which differs from a criminal claim due to a wrongful death. Even when criminal action is taken, a civil claim must be filed to protect the rights of any potential heirs.

Call a Wrongful Death Attorney Today

If you believe a loved one is the victim of a wrongful death, it is time to contact Utah wrongful death attorney Jake Gunter.  Call/TXT (801) 373-6345.