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Wrongful Death

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

Getting compensation and a settlement after a car accident

By on Jul 31, 2017 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

Let’s talk about getting compensation and a settlement after a car accident. In Utah, you have to have at least $3,000 in medical bills, or meet another qualification, in order to make a claim for pain and suffering. What is pain and suffering compensation? Compensation for pain and suffering is money that you get to compensate you for having to deal with and endure the pain from the accident. It can also include compensating you for not being able to do the things your normal do as you recuperate from your injuries. This is different from compensation for medical expenses or lost wages, which are usually calculated to the exact dollar amount. In contrast, compensation for pain and suffering is subjective. This is the category of damages where it really helps to have an advocate and lawyer working for you. How much should you be given for a back sprain?  Or a whiplash injury? Or a broken forearm? Or a concussion? Certainly the more serious an injury is, the more your settlement is going to be, which makes sense. As an attorney, I have handled thousands of cases, so I have a pretty good idea of what an insurance company might think is fair for pain in suffering. I also have good knowledge of arbitration awards and jury verdicts, so I also know what possibilities and probabilities might await you should you chose that route. Unfortunately, I have met with people and potential clients that did not realize the true value of their case and settled with the insurance company. Depending on the circumstances, once you have agreed to a settlement and signed a release, it can be difficult, if not impossible, to get out of such settlement. You are basically stuck. That is why it is always good to consult with an attorney before you sign anything with the insurance company. As mentioned above, the more serious injuries you have, the higher your settlement will be. This is also true with the more serious medical treatment you undergo. For example, if you have surgery, like a lumbar or cervical fusion, your case could be worth 10 times more than if you did not have such surgery. The reason...

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How Do I Get the Most Money for My Personal Injury Settlement?

By on Jul 9, 2017 in blog, Car Accidents, Personal Injury, Wrongful Death | 0 comments

How do I get the most money for my personal injury settlement? This is a question I frequently hear when I talk with someone who has been in a car accident. The question is justified as there are often past medical bills to pay, future medical bills, and sometimes a lifetime of suffering. The first issue we have to address is what are the insurance company policy limits? According to Utah law, when you are in a car accident, the other driver is required to have insurance.  The insurance of the other driver will have limits on the amount they will pay on behalf of their driver. The limits are typically broken down into separate categories for bodily injury and property damage. For example, in Utah the minimum is $25,000 per person or $65,000 combined for bodily injury. However, the driver may have insurance limits that are much higher, sometimes $100,000 per person or sometimes even a $500,000 combined single limit. Commercial vehicles, such as most semi-trucks, will have insurance limits even higher. It is not unusual to see a $1,000,000 policy or even a $5,000,000 policy. If the other driver does not have sufficient insurance or have any insurance, another type of claim can be made, which will be addressed in a another blog. The next step to maximize your recovery by getting the necessary and proper treatment. If your doctor or the ER doctor recommends that you see a specialist, you should do this, even if you don’t have health insurance. We can arrange for financing or liens so that our clients can get the treatment that they need. If you do not follow your doctor’s recommendations, the insurance company might point out that you are being non-compliant. Sometimes it is also important to get a second opinion. Some doctors can be dismissive of patients who have been involved in car accidents. I have even seen this in the ER. Maybe the doctor or the ER are overwhelmed on that particular day and they just want to get the patient out as soon as possible so they can treat other patients. In those situations, we can help you find a doctor to get a second opinion. It...

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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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