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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 |

accidental death lawyerAccidental 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 of a relative and an accidental death lawyer can give you the best advice to get through it.