Personal Injury Claims Vs. Wrongful Death Claims

  • Admin
  • 26 Apr 2019

Nothing is more tragic than losing a loved one in an accident. After suffering that type of loss, family members are confused, upset, and anxious. And are generally unsure about how to best proceed. It can be extraordinarily heartbreaking and stressful time as family members try to put their lives back together while dealing with bills, insurance adjusters, and investigative agencies.

An experienced Murray, Utah wrongful death attorney can help by protecting your rights and taking the steps necessary to ensure you receive a fair settlement. Hiring a qualified Utah wrongful death attorney to represent you can reduce the stress associated with complex legal proceedings and may dramatically increase your chances of recovering the most amount of money for your wrongful death claim.

But wrongful death lawsuits are different than personal injury lawsuits so you need to act fast. Outlined below are a few of the differences:
1. The Statute of limitations is shorter for wrongful death cases.

In Utah, a lawsuit for injuries arising from a car accident must be filed within four years. Utah Code Ann. § 78B-2-307. If however, the same accident results in a death, the lawsuit for wrongful death must be filed within two years. Utah Code Ann. § 78B-2-304(2). That means that if you have a wrongful death claim, you must act fast. You need to contact a wrongful death attorney as soon as possible.
2. Damages in wrongful death cases are more complicated.

The damages in wrongful death lawsuits are more complicated because the plaintiff is not the person injured in the accident. In a personal injury lawsuit, the person who has been injured files the lawsuit against the person responsible for the accident. In a wrongful death lawsuit, however, the decedent’s heirs or estate are required to file the lawsuit against the responsible party.
The heirs may seek the following types of relief in a wrongful death lawsuit:
• Medical expenses related to the last injury or illness
• Funeral expenses
• Lost wages including the loss of future wages
• Pain and suffering of family members caused by the decedent’s death
• Loss of companionship and care


If you have lost a loved one in an accident in Murray, Utah or any other Utah location, you need to retain a Utah wrongful death lawyer. You are entitled to compensation. Gosdis Law will help you recover it, including compensation. Call us today at (385) 429-9960; text message at (801) 200-1578; or e-mail to schedule a free consultation with an experienced Utah wrongful death lawyer.