Utah Complaint regarding Wrongful Death

State:
Multi-State
Control #:
US-PI-0306
Format:
Word; 
Rich Text
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Description

This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
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FAQ

Wrongful death claim is a claim against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. In wrongful death cases, survivors are compensated for the harm and losses they've suffered after losing a loved one.

Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.

Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.

If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.

What Is "Wrongful Death" in Utah? In Utah, a "wrongful death" is one that is caused by the "wrongful act or neglect" of another. (Utah Code § 78B-3-106 (2021).)

There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.

You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?

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Utah Complaint regarding Wrongful Death