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Wrongful Death

<p>All Wrongful Death related blogs</p>

What to Do After the Wrongful Death of your Kin

By on Jan 17, 2017 in Wrongful Death | 0 comments

The term wrongful death refers to a situation where death occurs due to the negligence of a person. If this happens to someone in your family, the insurance should compensate you for the lost life. The insurance money goes to the family left behind to take care of the loss of income that the deceased was providing. Some of the cases that are termed as wrongful death result from: A fatal injury sustained from a defective machine, hazardous chemicals or toxic working environment. A fall as a result of negligent faults in the property such as slippery floors, bumpy carpet or faulty stairs. An incorrect prescription, erroneous medical procedure, wrong/late diagnosis or medical negligence. A motor vehicle crash caused by reckless or drunk driving. The first step to take after the death is contact an attorney. Time is of essence here. Remember the death has already taken away the main witness. If you’re not attentive, the case might slip through your fingers after being unable to prove that the death was caused by the action or inaction of another. The attorney knows exactly what to look out for and where to look. He will quickly get to work and collect details, get eye witness reports, preserve the evidence, engage the police and keep in contact with the insurance company. How much Compensation should you expect? The amount of money an insurance company pays after a wrongful death is mostly defined by the income of the deceased. The compensation will be higher for a high income earner. This is meant to guarantee the family of the deceased that they can continue with the same standard of life they are used to. The insurance should also factor in funeral costs, possible medical bills, plus any physical and emotional anguish that may have been suffered before death. Hiring a legal expert increases your chances of getting your rightful dues. Remember the insurance companies sometimes act in bad faith, while looking for the slightest loophole to avoid payment or at least reduce it to a minimum. An experienced attorney knows how to present a water-tight case that the insurers cannot escape. Symkoviak Law Firm has the right professionals to help you and ensure that you receive your...

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Wrongful Death Advice – Who Can Sue and Who can Be Sued?

Wrongful Death Advice – Who Can Sue and Who can Be Sued?

By on Sep 1, 2015 in Wrongful Death | 0 comments

Wrongful death claims are brought against a defendant who, through negligence or intended harm, causes the death of another person. These claims allow representatives of the deceased to file a case against the person responsible for the death of their loved one. Wrongful death suits encompass all types of fatal accidents, from medical malpractice to car accidents. Individuals, companies and governments can be sued for wrongful death in Utah. Who can file wrongful death lawsuits in Utah? In Utah, a wrongful death lawsuit can be filed by a representative of the family, including: Immediate family members – immediate family members like parents of the unmarried, spouses and children (including adopted ones) can file a wrongful death suit. Distant family members – distant family members are also allowed to file wrongful death suits, including the brothers, sisters, and grandparents of the deceased. Life partners, punitive spouses, and financial dependents – domestic or life partners who financially depended on the deceased can also file a claim. Anyone who suffers financially – anyone who suffers financially as the result of a wrongful death can bring a case to court even if they are not related to the deceased by blood or marriage. Parents of a deceased fetus – if a fetus is wrongfully killed in an accident, the parents of that fetus can bring a wrongful death claim to court. Who can be sued for wrongful death? Utah wrongful death suits can be filed against a wide variety of persons depending on the circumstances. For instance, in a car accident involving a drunk driver and a faulty roadway, a suit can be brought against – The driver of the car at fault The person who sold, served, or gave alcohol to the driver The owner of the premise where the alcohol was served or sold The engineer(s) who designed the faulty roadway The government agency that failed to provide proper warnings about the faulty roadway If you or a loved one has been a victim of wrongful death, contact the experienced wrongful death lawyers at Symkoviak Law Firm to discuss your options...

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Fair Settlements Give New Hope to Grieving Victims of Wrongful Death

Fair Settlements Give New Hope to Grieving Victims of Wrongful Death

By on Jul 14, 2015 in Wrongful Death | 0 comments

Wrongful Death has Many Causes For majestic beauty and inspiring landscapes, it’s hard to top living in the great state of Utah. But, as often is the case, beautiful surroundings can mask great tragedy. Just east of fair Salt Lake City over in Vernal, the infant mortality rates have skyrocketed. It was later determined that the cause of higher infant mortality was the dumping of toxic waste. Wrongful death is incredibly painful, but it can be even more stressful when you’re not sure who’s liable. Those that have endured a wrongful death in their circle –for any reason– need to enlist the services of an experienced wrongful death law firm at once. Your Best Chance for a Fair Financial Settlement: A Local Utah Attorney If you are hoping to get a fair financial settlement for your terrible loss, your best bet is to hire a local Utah attorney. Especially, if you’re forced to take on a large corporation with deep pockets. Wrongful death cases are full of recriminations. Unfortunately, the deceased cannot be there to testify. Under Utah State Law, a spouse or other close relative of the victim acts as the “Presumptive Personal Representative,” representing the wishes of the deceased during the legal proceedings. Whichever side of a wrongful death case that you may find yourself on, your best hope for obtaining a fair settlement is in contacting a local attorney experienced in the intricacies of the Utah legal code. Your attorney will help you navigate the complexities of the legal system to get justice for you and your deceased loved...

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When to File an Accidental Death Claim

When to File an Accidental Death Claim

By on Jun 5, 2015 in Wrongful Death | 0 comments

Accidental death will, unfortunately, touch the lives of many families over the course of a year. In the U.S., accidental death is the fourth leading cause of death. In 2014, Utah had a population of about 2.943 million, meaning that over 1,215 people will have an accident resulting in death. The families will have to navigate the complex legal system that is attached to an accidental death. If you are a family member of someone who has died as a result of an accident, you may want to file an accidental death claim. You should be aware of some of the requirements of an accidental death claim in the state of Utah before you file so you know when to file a clam. Relation to Victim In Utah, you must be a relative of the victim to file an accidental death claim. You must also not be responsible in any way for the death to file a claim. Relatives who qualify as a presumptive personal representative include: Spouse Adult child Parent Time Requirement There is a forty-five day waiting period required before any accidental death claim can be filed, even in the case of the death of a minor.The only exemption from the forty-five day waiting period is any claim for personal injury protection benefits resulting from the death of an insured victim. However, even these claims must meet specific requirements which include: Affidavit (official written statement) is presented by the presumptive personal representative No current pending application or petition for the position as presumptive personal representative A notice of intent (letter) informing all current heirs of the desire to resolve the claim to their last known addresses If your claim is not exempt from the waiting period, you must meet these criteria as well as waiting the forty-five days. Your Are Not Alone, Hire Help If your relative is the victim of an accidental death and you need the financial coverage provided by your relative’s insurance policy, you will want to file an accidental death claim. To help you through the process and give you the best chance of winning a claim you should contact an accidental death lawyer. Accidental death claims can be complicated and difficult to sort through after the death...

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Accidental Death Lawyer in Salt Lake City, Utah

Accidental Death Lawyer in Salt Lake City, Utah

By on Apr 17, 2015 in Wrongful Death | 0 comments

Dealing with the sudden and unexpected death of a loved one can be extremely devastating. It is likely to cause significant emotional and financial distress upon the deceased’s survivors. Such difficulties can quickly overwhelm you and your family, making it imperative to seek financial benefits or compensation, which is designed to address the various needs arising from the accidental death. This is often accomplished through filing an accidental death claim or a wrongful death lawsuit. Who Can Benefit From an Accidental Death Claim? If your deceased relative is covered by a privately held policy, the benefits from such a policy should be availed to you. You will be denied such benefits in the event that such a policy is provided by the deceased’s employer. You will also find that most insurance companies issuing these policies are profit driven, thus having a vested interest in discovering reasons to deny you benefits for a claim. It is therefore imperative that you seek the legal assistance of an accidental death lawyer, who will assist you in recovering substantial compensation. What Are the Common Causes of Accidental Death? Accidental death may arise from variety of causes, ranging from a car crash to falling down. The matter can be quite confusing because of the interplay and overlap between the concepts of wrongful death and accidental death. In most cases, a corporate enterprise’s or individual’s negligence contribute or facilitate the harmful occurrence. A knowledgeable accidental death lawyer will assist you with identifying the appropriate course of action in your unique situation. Some of the causes of accidental death include: Poisoning Fire Motor vehicle accidents Electrocution Surgical complications Drowning Choking Why Do You Need an Accidental Death Lawyer? Upon making an accident death claim, the insurance company’s investigator will start looking for ways of linking the accidental cause of death to a medical condition that existed while your deceased relative was alive. This post-death investigation is often extremely unfair, and it is rarely conclusive. This investigation is commonly used as a basis for claim denial. Seek professional legal representation to ensure adequate compensation from your accidental death benefit claim. If you are facing challenges collecting your death claims, or you have been denied your rightful death benefits, Visit the Symkoviak Law Firm to...

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Types of Damages in a Utah Wrongful Death Case

Types of Damages in a Utah Wrongful Death Case

By on Feb 24, 2015 in Wrongful Death | 0 comments

The definition of a wrongful death case becomes more nuanced when the specifications of a lawsuit are fleshed out. Damages in a Utah wrongful death case must adhere to particular categories, as defined by a court of law. It depends on the nature of the death, the resulting expenses and the emotional anguish that both the victim and the family members have suffered. The amount of compensation to which you are entitled is the financial worth of the person, factoring in income, benefits and any unique services he or she provided that cannot be duplicated. These are grouped as economic damages, non-economic damages and punitive damages. Economic Damages Economic damages affect both the victim and the victim’s family. In the event of a car accident that results in severe injuries, medical expenses and lost wages at work can pose serious financial consequences. With the victim’s death comes the end of any kinds of financial security he or she was providing, potentially putting the immediate family into a deep pit of debt. Non-Economic Damages Just like economic losses, non-economic damages account for the lives of both the deceased and the family of the deceased. Any sort of mental and physical suffering the deceased endured during the time between the injury and death are considered to be non-economic damages, which play a significant role in the verdict or the settlement. This type of claim is known as loss of consortium. On a larger scale, these damages are determined by the loss’s effect on the family of the deceased. The losses of care, companionship, society and love take a great emotional toll on the spouse or partner, children and parents of the deceased. Punitive Damages Punitive damages are granted based on the actions of the defendant. More than anything, they intend to punish the defendant for wrongdoings, ideally deterring the person or entity from ever repeating the actions that established the reason for the lawsuit. Punitive damages are awarded to the plaintiff when the actions of the defendant are deemed particularly harmful and when economic and non-economic damages do not provide enough financial coverage. It is your lawyer’s responsibility to organize all financial records and statements to present a compelling argument to...

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