One of the most complex aspects of wrongful death litigation is determining appropriate compensation. While no amount of money can truly compensate for the loss of a loved one, Utah law provides mechanisms for families to recover various types of damages. Understanding these categories can help set realistic expectations about potential compensation.

Economic Damages

Economic damages represent tangible financial losses that can be calculated with relative precision:

Medical Expenses

Families can recover costs for:

• Emergency medical care following the fatal injury or illness
• Hospital stays
• Surgical procedures
• Medications and treatments
• Specialized care prior to death

These expenses must be directly related to the final injury or illness.

Funeral and Burial Expenses

Recoverable costs include:

• Funeral service fees
• Burial or cremation expenses
• Cemetery plot and headstone
• Memorial services
• Obituary publications

Keep all receipts related to these expenses for documentation purposes.

Lost Income and Benefits

This significant component addresses:

• Wages and salary the deceased would likely have earned throughout their expected career
• Projected raises and promotions
• Retirement benefits and pension contributions
• Health insurance and other employment benefits
• Business opportunities and potential entrepreneurial success

Economists and vocational experts often testify regarding these projections.

Lost Household Services

This category compensates for:

• Household maintenance and repairs the deceased performed
• Childcare services they provided
• Cooking, cleaning, and other domestic contributions
• Yard work and property management
• Family management and scheduling

The cost to replace these services commercially forms the basis for these calculations.

Non-Economic Damages

These more subjective damages address the emotional and relationship aspects of the loss:

Loss of Companionship and Consortium

This compensates for:

• The lost relationship between spouses
• Affection, comfort, and sexual relations in marital relationships
• Guidance and nurturing lost by children
• Emotional support and love
• Shared experiences and activities

These intangible losses often constitute a substantial portion of wrongful death compensation.

Pain and Suffering

This category addresses:

• Mental anguish experienced by surviving family members
• Grief and emotional distress
• Loss of enjoyment of life
• Depression, anxiety, and other psychological impacts
• Trauma associated with the manner of death

Utah courts consider various factors when determining appropriate compensation for these subjective damages.

Punitive Damages

In cases involving particularly egregious conduct, punitive damages may be available:

• Intentional harmful acts
• Gross negligence
• Reckless disregard for safety
• Malicious behavior
• Fraud or concealment

Unlike compensatory damages, punitive damages aim to punish wrongdoers and deter similar conduct.

Factors Affecting Damage Calculations

Several variables influence the final compensation amount:

• The deceased’s age and life expectancy
• Their health status prior to death
• Their education and career trajectory
• Their income history and earning potential
• The circumstances and preventability of the death
• The relationship between the deceased and their heirs

An experienced Utah wrongful death attorney works with financial experts, economists, and other professionals to develop comprehensive damage calculations that fully account for both current and future losses. This methodical approach helps ensure families receive fair compensation that addresses the full scope of their loss.

People also ask:

What is the most you can sue for wrongful death? In Utah, there is no statutory cap specifically limiting wrongful death compensation. Economic damages (such as lost wages and medical expenses) have no limit, while non-economic damages (pain and suffering) are determined case-by-case. The final amount depends on numerous factors including the deceased’s age, earning capacity, and the circumstances surrounding the death. Some wrongful death settlements in Utah have reached millions of dollars in cases with substantial economic losses or egregious negligence.

What is the wrongful death lawsuit in Utah? A wrongful death lawsuit in Utah is a civil action brought when someone dies due to another party’s wrongful act, negligence, or default. According to Utah Code § 78B-3-106, the deceased person’s personal representative files the lawsuit on behalf of the surviving heirs. The claim seeks compensation for both financial losses (medical expenses, lost income) and non-economic losses (loss of companionship, emotional suffering) resulting from the death.

What is the difference between wrongful death and survival action? In Utah legal practice, wrongful death claims compensate the surviving family members for their losses resulting from the death, including lost financial support, companionship, and guidance. Survival actions, governed by Utah Code § 78B-3-107, compensate for the deceased person’s pain, suffering, and financial losses between the time of injury and death. Wrongful death focuses on the heirs’ losses, while survival actions focus on what the deceased experienced before dying.