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If you recently lost a loved one due to someone’s negligent or careless actions, turn to an experienced wrongful death attorney. While nothing will fill the void left in your life, holding the responsible party accountable may provide you with some relief.

When the cause of your grief is an accidental or wrongful death, getting legal representation can help ensure that you get justice for your loved one. Furthermore, a skilled lawyer can aggressively pursue financial compensation to provide you with the support you need to move forward.

The process of choosing a wrongful death attorney can be challenging, as countless law firms represent clients in accidental death claims. To narrow down your options and find the right lawyer for your case, try these strategies.

Personal injury attorney Utah

Find Local Lawyers

A simple internet search can provide you with names of local wrongful death lawyers, but keep in mind that a high ranking doesn’t mean an attorney is more qualified for the job. You can also find a legal professional with the skills to take on your case by:

Look for Relevant Experience

Legal expertise matters a great deal, and you’ll want to choose an attorney who has ample experience with the areas of law relevant to your case. To figure out if a lawyer might be qualified to handle your accidental death claim:

Schedule Consultations

Once you have taken the steps listed above, you should have a few wrongful death attorneys at the top of your list. Now, it’s time to schedule a meeting with each of those lawyers.

Most legal professionals offer free initial consultations, which allow you the opportunity to interview the lawyer. When you meet with a wrongful death attorney, ask questions about your case and how they would proceed. After you have consulted with all the law firms you’re considering, think about how the appointments went and trust your gut in making your choice on who to hire.

Trust William R. Rawlings & Associates

The legal team at William R. Rawlings & Associates has over 35 years of experience helping clients in Utah, Idaho and California with wrongful death claims. We have a history of proven results and a strong reputation within the legal community – and you can count on us to protect your rights and fight for the maximum in financial compensation.

For more information on our legal qualifications, or to schedule a free, no-obligation consultation with a highly skilled Utah personal injury attorney, contact William R. Rawlings & Associates today.

If someone you love was killed due to the misconduct, negligence or carelessness of another party, you may be able to file a wrongful death claim. Bringing a lawsuit can provide you with the compensation you deserve for the loss you have suffered, while also holding the responsible person or entity accountable for their actions.

Here, the experienced legal team at William R. Rawlings & Associates share answers to some of the most common questions we receive about Utah wrongful death cases.

Who can file a wrongful death claim in Utah?

When Is a Wrongful Death Claim Appropriate?

Generally speaking, a lawsuit is appropriate in situations where the victim would have had a valid Utah personal injury case if they survived. Examples of circumstances that can give rise to a legal claim for compensation include:

Who Can Sue for Wrongful Death in Utah?

Under Utah law, this type of claim can be filed by the surviving heirs of the deceased victim or a representative of the estate. People who have the legal right to seek compensation for the loss of a loved one include:

What Evidence is Needed to Prove a Claim?

Proving that someone is legally liable for a death requires a preponderance of evidence – or, in other words, most of the evidence provided must indicate that the defendant is responsible. In Utah, legal claims need to prove the following in order to be successful:

How is Compensation for Calculated?

Depending upon the specific circumstances of a claim, the plaintiff may be entitled to financial compensation. The damages that may be awarded in a Utah lawsuit include:

Should You File a Wrongful Death Claim?

The statute of limitations for a wrongful death case in Utah is typically two years, but special rules and exceptions may apply – which could mean you have less time to file a claim than you think. As such, if you’re thinking that you may have grounds to take legal action, consulting with an experienced attorney as soon as possible is in your best interests.

At William R. Rawlings & Associates, our legal team has more than 35 years of experience fighting for the rights of surviving victims – and we’re successful in obtaining compensation in 98 percent of the cases we take on. Contact our Draper or West Valley City office today to schedule a free consultation or to discuss your case with a Utah wrongful death lawyer.

During the summer season each year, we unfortunately see a general rise in the number of drowning incidents that take place. Particularly risky for young children and adolescents, where it’s a leading cause of unintentional death, drowning can be a risk in a few different scenarios.

At the offices of William Rawlings & Associates, LLC, we handle numerous drowning cases within both our wrongful death and personal injury attorney services (drowning is not always a fatal event, as we’ll discuss in a bit). Let’s go over the basics of drowning, a couple common misconceptions that have made the rounds, and discuss whether there might be liability factors at play in certain drowning situations.

drowning basics misconceptions liability

Drowning Definition and Types

According to the World Health Organization, drowning is described as “the process of experiencing respiratory impairment from submersion/immersion in liquid; outcomes are classified as death, morbidity and no morbidity.”

As this paragraph indicates, and as we mentioned above, drowning encompasses many cases where death does not take place – in fact, the vast majority of recorded drownings are non-fatal. But even in these cases, drowning can be a major event, with even small amounts of liquid entering the lungs and causing damage to the lining found there. This liquid can also lead to infection, fluid buildup or inflammation. Luckily, the symptoms here will generally be easy to spot and remedy.

“Secondary Drowning” and Related Misconceptions

Unfortunately, a number of popular news outlets and social media mediums have published reports about something called “secondary drowning” or “dry drowning.” These terms refer to cases where children or others were rescued from water during a potential drowning situation, appeared just fine immediately afterward, but then died without warning hours or even days later.

The terms listed above are not medically accurate, and in reality these situations are virtually nonexistent. If death or other drowning symptoms do take place long after the initial event, there will be signs pointing to this – your child will have labored breathing, for instance, or may cough, wheeze, report chest pain or even become dizzy. In other cases, a different medical condition is the reason for the death or other symptoms. If you see any of these signs in someone who was rescued from water, seek immediate medical attention.

Drowning and Liability

In some cases, a person who has drowned or their family may have a liability claim related to the incident. The most common such situations are those where a public swimming location was not safe – perhaps conditions make slips more likely, or deep water was not marked properly. If it can be proven that negligence on the part of pool operators, or even of others present in the pool at the time, was the cause of a drowning incident, the victim could have a claim. If you believe this to be the case for you or someone close to you, speak to our personal injury lawyers right away to find out more.

To learn more about drowning cases, or for information on any of our personal injury or auto accident attorney services, speak to the staff at William Rawlings & Associates, LLC today.

At the offices of William Rawlings & Associates, LLC, one of the areas we’re most proud of is our wrongful death services. We have a fantastic 98 percent success rate in getting surviving victims their maximum compensation, and you can rest assured knowing you have a wrongful death attorney fighting for you.

We regularly see bits of confusion from clients when it comes to the details of a wrongful death case. Many simply assume that, like homicide or manslaughter, it’s a criminal charge tried through the criminal court system – in reality, this is not the case. Wrongful death is part of the civil tort system. What does that mean, and what are some of the important differences?

Who Files

The biggest up-front difference between wrongful death and a homicide case is who files the charges. Criminal acts like murder, manslaughter and other homicides are brought by a prosecutor, then tried by a criminal court system at this prosecutor’s behest (barring a settlement, that is).

On the flip side, wrongful death cases are brought voluntarily by a plaintiff. These are most commonly surviving family members of the deceased looking to get due compensation for the death.

Amount of Evidence

The different court systems these areas are tried in come with very different levels of evidence required. Criminal cases require proof “beyond a reasonable doubt” – this is a high burden of proof that allows for no doubt left in the mind of a jury. Attorneys in this realm use evidence and witnesses to attempt to make this case to the jury.

With a civil case, though, the bar for proof is lower. The plaintiff’s goal is to prove that the defendant is liable based on a “preponderance of evidence,” which simply means that most evidence must point to the defendant being responsible for causing an avoidable death.

Due to these differing levels of proof, wrongful death cases are more likely to succeed than homicide cases. Some families who don’t get the verdict they want through the criminal justice system will find it later through a wrongful death case.

Statute of Limitations

Another big difference between wrongful death cases and homicides or other criminal charges is the statute of limitations. With very few exceptions, major crimes like murder or homicide have no statute of limitations – they can be investigated and tried at any point in time, regardless of how long ago the event took place.

Wrongful death cases, though, often do have a statute of limitations. In Utah, this statute requires that wrongful death claims be filed within two years of the death, or within one year if the claim is being filed against any government entity.

For more on wrongful death cases versus homicides and other criminal charges, or to learn about any of our personal injury attorney services, speak to the pros at the offices of William Rawlings & Associates, LLC today.

At the offices of William Rawlings & Associates, LLC, one of the areas we’re most proud of is our wrongful death services. We have a fantastic 98 percent success rate in getting surviving victims their maximum compensation, and you can rest assured knowing you have a wrongful death attorney fighting for you.

We regularly see bits of confusion from clients when it comes to the details of a wrongful death case. Many simply assume that, like homicide or manslaughter, it’s a criminal charge tried through the criminal court system – in reality, this is not the case. Wrongful death is part of the civil tort system. What does that mean, and what are some of the important differences?

Who Files

The biggest up-front difference between wrongful death and a homicide case is who files the charges. Criminal acts like murder, manslaughter and other homicides are brought by a prosecutor, then tried by a criminal court system at this prosecutor’s behest (barring a settlement, that is).

On the flip side, wrongful death cases are brought voluntarily by a plaintiff. These are most commonly surviving family members of the deceased looking to get due compensation for the death.

Amount of Evidence

The different court systems these areas are tried in come with very different levels of evidence required. Criminal cases require proof “beyond a reasonable doubt” – this is a high burden of proof that allows for no doubt left in the mind of a jury. Attorneys in this realm use evidence and witnesses to attempt to make this case to the jury.

With a civil case, though, the bar for proof is lower. The plaintiff’s goal is to prove that the defendant is liable based on a “preponderance of evidence,” which simply means that most evidence must point to the defendant being responsible for causing an avoidable death.

Due to these differing levels of proof, wrongful death cases are more likely to succeed than homicide cases. Some families who don’t get the verdict they want through the criminal justice system will find it later through a wrongful death case.

Statute of Limitations

Another big difference between wrongful death cases and homicides or other criminal charges is the statute of limitations. With very few exceptions, major crimes like murder or homicide have no statute of limitations – they can be investigated and tried at any point in time, regardless of how long ago the event took place.

Wrongful death cases, though, often do have a statute of limitations. In Utah, this statute requires that wrongful death claims be filed within two years of the death, or within one year if the claim is being filed against any government entity.

For more on wrongful death cases versus homicides and other criminal charges, or to learn about any of our personal injury attorney services, speak to the pros at the offices of William Rawlings & Associates, LLC today.

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