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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 |

motor vehicle accidentWrongful 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 today.