In previous blogs, Utah wrongful death lawyers have described what a wrongful death entails-- a type of civil suit filed by the family of a victim against the person whom they deem responsible for the victim’s death. Wrongful death is the kind of civil suit most often managed by a personally injury law firm, such as the Christensen Law Firm. In addition to understanding ‘what’ it is, understanding ‘when’ it is helps to understand the varied circumstances in which a wrongful death occurs. This knowledge will help you know how to react and what to do in the event you find yourself in such a circumstance.
Utah wrongful death scenarios
It is important to recognize that deaths resulting from murder, manslaughter, or criminally negligent homicide are prosecuted criminally rather than through a civil process. Civil process covers personal injury claims, or tort as it is called in legal terms, under which wrongful death falls. Thus, wrongful death implies that death results from negligence, rather than being planned or premeditated.
This can occur in various circumstances. Wrongful death often occurs as the result of negligent driving in which speed or alcohol or some other factor causes the death of another. It can also occur in what is referred to as medical malpractice, which is when through a doctor’s negligence a patient dies. The Michael Jackson case is an example of where proceedings pass through first a criminal phase, in which his doctor has been found guilty of involuntary manslaughter, and now Jackson’s family will pass to a civil proceeding under a wrongful death suit.
A wrongful death suit can also come as the result of an on-site accident, such as at a construction site or some other business location. It can occur as the result of a ‘freak’ accident in which someone slips on water in a store, or on ice outside of a store, and dies. If local law mandates the enclosing of a swimming pool and a child drowns in said pool while not enclosed, this person can be held liable for a wrongful death claim.
The circumstances are many and varied, thus it is important to understand the nuances of the law so you can know how to act and whom to call. Calling the Christensen Law Firm following a death in the family as the result of the negligence of another will ensure that you have the most professional and compassionate lawyers in the state. Call (801) 506-0800 for a free consultation today.