Some of the most tragic cases of medical malpractice are those that result in the wrongful death of a family member. These give rise to particular kinds of claims that are governed by statute, the common law, as well as the Utah State Constitution. If medical malpractice has resulted in the loss of life, you need attorneys that understand the legal requirements in order to protect your claims and recover for the loss.
Under Utah’s Wrongful Death Statute, people who have lost family members to negligence have a right of “action for damages against the person causing the death.” Under this provision, certain family members are entitled to recover damages for their individual losses, which include financial support furnished; loss of affection, counsel and advice; the loss of deceased’s care and solicitude for the welfare of the family; and loss of the comfort and pleasure the family of the deceased would have received.
The medical malpractice lawyers at G. Eric Nielson & Associates work closely with expert economists to measure lost financial support due to losses in income, wages, and other employment related benefits. Additionally, family members are entitled to recover the value of certain household services that their loved one would have provided. In addition to the claims for the heirs, Utah has a survival statute that provides for recovery on behalf of the Estate of the person who passed away.
How these damages are calculated is complicated, and the law on recovery is complex. At G. Eric Nielson & Associates, our dedicated legal team will help answer your questions about the right to recover for the wrongful death of a family member.
Nothing we can do will bring back a loved one. But the law is there to help you recover not just economic losses associated from wrongful death, but for the loss of society, love, companionship, protection and affection as well. We know that no amount of money can bring someone back. But we can help put financial concerns to rest and hold the doctors responsible for their negligence so that hopefully it won’t happen to somebody else’s family.