Calculating Damages in Utah Wrongful Death Cases

Losing a loved one is a challenging experience, and when that loss is caused by someone else’s negligence or wrongful actions, it can be even more painful. In Utah, families who have lost a loved one due to wrongful death may be entitled to compensation for their loss.

However, calculating damages in wrongful death cases can be complex. Understanding the damages that can be claimed and how they are calculated is crucial for ensuring that surviving family members are fairly compensated.

Here, our Salt Lake City personal injury lawyers will explain the damages available in a wrongful death case in Utah and how they are typically calculated.

What is a Wrongful Death Case in Utah?

In Utah, a wrongful death claim arises when the negligent, reckless, or intentional actions of another party cause someone’s death. This could involve car accidents, medical malpractice, or defective products, to name a few. The family members or legal heirs of the deceased person have the right to file a wrongful death lawsuit to recover damages for their loss.

Utah law allows certain family members, typically the spouse, children, or parents of the deceased, to file a wrongful death claim.

Types of Damages in a Utah Wrongful Death Case

Wrongful death cases in Utah can result in a variety of damages, which are intended to compensate the survivors for the financial, emotional, and physical toll the loss of a loved one has caused.

The main categories of damages typically include:

Economic Damages

These are the tangible financial losses resulting from the death of a loved one.

Economic damages can be calculated more precisely, and they may include:

• Loss of income: The deceased’s future earnings would have contributed to the household. This includes wages, salary, bonuses, and other compensation, adjusted for the person’s age, health, work history, and expected career trajectory.
• Loss of benefits: The value of benefits the deceased would have received, including retirement benefits, health insurance, and pension plans.
• Funeral and burial expenses: The costs incurred for the funeral, burial, or cremation, as well as any related services.
• Medical expenses: Any medical costs incurred due to the injuries sustained before the death, such as hospital stays, surgeries, and emergency room visits.

Non-Economic Damages

Non-economic damages are more subjective and complex to quantify, but they compensate for the emotional and personal losses the surviving family members suffer.

These damages may include:

• Pain and suffering: The mental anguish, sorrow, and emotional distress caused by the sudden loss of a loved one. This can include the grief and emotional trauma of surviving family members.
• Loss of companionship: The loss of love, companionship, and emotional support from the deceased. In some cases, this can be particularly significant for spouses and children.
• Loss of consortium: This refers to the loss of intimacy, affection, and sexual relationship between a married couple due to the death of one spouse.
• Loss of care and nurturing: This includes the loss of a parent’s guidance, support, and care, especially relevant when the deceased was the primary caregiver for minor children.

Punitive Damages

In cases where the death resulted from gross negligence or intentional misconduct (such as drunk driving or a deliberate act of violence), punitive damages may be awarded. These damages are meant to punish the responsible party for their reckless or malicious actions and serve as a deterrent to others. Utah law allows punitive damages to be awarded in certain wrongful death cases, but they are not automatically granted.

How Are Wrongful Death Damages Calculated in Utah?

Calculating damages in a wrongful death case involves multiple factors, and the final amount can vary widely depending on the circumstances.

Here are some key factors considered in the calculation:

• The deceased’s age and life expectancy: A younger person with a long life expectancy may result in higher potential future earnings, leading to a more significant compensation award for lost income.
• The deceased’s earning potential: The income level, career trajectory, and expected future earnings of the deceased are critical components in calculating lost wages and benefits.
• The relationship between the deceased and the survivors: The emotional impact on surviving family members, such as the spouse, children, or parents, is considered when calculating non-economic damages like pain and suffering or loss of companionship.
• Medical and funeral costs: The actual costs for medical treatment before death and funeral/burial expenses are added to the calculation.
• The defendant’s conduct: Depending on the severity of the defendant’s actions, punitive damages can be awarded in cases of extreme negligence or intentional misconduct.

Because of these complexities, navigating a wrongful death claim can be overwhelming. Contacting our Utah personal injury law firm can provide the clarity and experience needed to understand your rights and pursue the compensation your family deserves during this difficult time.

How Our Personal Injury Lawyers Can Help with Your Utah Wrongful Death Case

Filing a wrongful death claim is often a complex and emotional process. Our Salt Lake City personal injury attorneys have extensive experience in wrongful death cases. We can help guide you through the legal system, ensuring you understand your rights and available compensation.

We will:

• Investigate the circumstances surrounding the death to determine liability.
• Calculate the full extent of damages, including economic and non-economic losses.
• Negotiate with insurance companies and opposing legal teams to secure the best possible settlement.
• We will represent you in court if the case goes to trial, ensuring that your family’s rights are fully protected.

Losing a loved one due to the negligence or wrongful actions of another is devastating. While no money can replace the loss, understanding the types of damages available and how they are calculated can help you pursue the compensation necessary to support your family’s recovery.

We are here to help you navigate the complex process of filing a wrongful death claim and securing the compensation you deserve. Reach out today for a free consultation, and let us help you through this difficult time.

Waddoups Law Personal Injury Attorneys has represented thousands of Utah clients, successfully obtaining settlements during negotiations and fighting for their rights and optimal outcomes in jury trials for more than 90 combined years.