Navigating a wrongful death claim while grieving can feel overwhelming. Understanding the legal process when working with a Utah wrongful death attorney helps families prepare for what lies ahead. This article outlines the typical journey from initial consultation to case resolution, providing clarity about what to expect at each stage.

Initial Consultation and Case Evaluation

The relationship with your wrongful death lawyer begins with a comprehensive first meeting:

What to Bring

For a productive initial consultation, gather:

• Death certificate
• Accident or incident reports
• Medical records related to the fatal injury or illness
• Insurance policy information (yours and potentially responsible parties)
• Employment information if income loss is claimed
• Any correspondence with insurance companies
• Photos or videos related to the incident
• Contact information for potential witnesses

Most reputable Utah wrongful death attorneys offer free initial consultations.

Case Assessment

During this meeting, the attorney will:

• Listen to your account of what happened
• Ask detailed questions about the circumstances
• Explain relevant Utah wrongful death laws
• Evaluate the potential strength of your case
• Discuss possible liable parties
• Provide an overview of the legal process
• Address your questions and concerns

This evaluation helps determine whether you have a viable wrongful death claim.

Representation Agreement

If you decide to proceed, you’ll review and sign:

• A contingency fee agreement (typically 33-40% of recovery)
• Authorization to obtain records and information
• Client representation documents
• HIPAA releases for medical information
• Other case-specific authorizations

Ensure you understand all terms before signing these documents.

Investigation and Case Building

Once retained, your attorney begins thorough case development:

Evidence Collection

Your lawyer will gather comprehensive evidence:

• Obtaining official reports and records
• Interviewing witnesses
• Securing physical evidence
• Documenting the accident scene if applicable
• Collecting employment and earnings records
• Obtaining medical documentation
• Researching similar cases and outcomes

This evidence forms the foundation of your claim.

Expert Consultation

Complex cases require specialized knowledge from:

• Accident reconstructionists
• Medical experts regarding cause of death
• Economic experts for financial loss calculations
• Industry specialists for standard-of-care issues
• Mental health professionals regarding grief impact
• Life care planners for dependent needs

These experts strengthen both liability and damages arguments.

Legal Research

Your attorney will research:

• Relevant Utah statutes and case law
• Precedents in similar wrongful death cases
• Applicable regulations and standards
• Potential legal theories and strategies
• Jury verdicts in comparable cases

This research informs the legal approach to your case.

Pre-Litigation Settlement Efforts

Before filing a lawsuit, your attorney typically attempts resolution:

Demand Package

A comprehensive settlement demand includes:

• Detailed account of the incident
• Evidence of liability
• Documentation of damages
• Expert opinions
• Citation of relevant laws
• Specific settlement demand amount

This package initiates formal negotiations.

Insurance Negotiations

Your attorney will:

• Present your case to insurance adjusters
• Counter arguments minimizing liability or damages
• Handle all communications with opposing parties
• Keep you informed of offers and discussions
• Provide guidance on settlement decisions

Many wrongful death cases resolve during this phase.

Litigation Process

If settlement efforts fail, your case proceeds to court:

Filing the Complaint

Your attorney will:

• Draft and file a formal complaint in the appropriate Utah court
• Pay filing fees
• Serve the complaint on all defendants
• Handle any initial motions or responses
• Establish the case on the court calendar

This formal filing begins the litigation timeline.

Discovery Phase

Both sides exchange information through:

• Written interrogatories (questions answered under oath)
• Requests for document production
• Depositions (recorded interviews under oath)
• Requests for admission
• Expert witness reports
• Medical examinations if applicable

This phase typically takes 6-12 months, sometimes longer in complex cases.

Mediation and Settlement Conferences

Most Utah courts require mediation attempts:

• A neutral third party facilitates negotiations
• Both sides present case highlights
• The mediator helps identify potential compromise solutions
• If successful, a settlement agreement is drafted

Many cases that enter litigation still resolve before trial through these processes.

Trial Preparation and Proceedings

If necessary, your case proceeds to trial:

• Jury selection
• Opening statements
• Presentation of evidence and witnesses
• Expert testimony
• Cross-examination
• Closing arguments
• Jury deliberation and verdict

Trials typically last several days to weeks, depending on complexity.

Post-Resolution Matters

After settlement or verdict, your attorney handles:

• Disbursement of funds
• Resolution of medical liens and outstanding bills
• Estate distribution issues if applicable
• Structured settlement arrangements if chosen
• Final documentation and case closing

Throughout this process, which typically spans 1-3 years, your wrongful death attorney manages legal complexities while providing guidance and support. Understanding these stages helps families develop realistic expectations and work effectively with their legal representation during this challenging time.

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. The potential recovery depends on factors including the deceased’s age, earning capacity, family circumstances, and the nature of the defendant’s conduct. Economic damages (medical expenses, lost income, funeral costs) have no predetermined limit. Non-economic damages for pain and suffering and loss of companionship are determined case-by-case. While some cases settle for modest amounts, others involving substantial earning capacity or particularly egregious conduct have resulted in multi-million dollar verdicts or settlements in Utah courts.

What is the wrongful death lawsuit in Utah? Under Utah Code § 78B-3-106, a wrongful death lawsuit is a civil action brought when someone dies due to another party’s “wrongful act, neglect, or default.” The personal representative of the deceased’s estate files the lawsuit on behalf of the surviving heirs (typically spouse, children, or parents). The lawsuit must be filed within two years of the death in most cases and seeks compensation for both economic losses (financial support, household services) and non-economic losses (companionship, guidance) resulting from the death.What is the difference between wrongful death and survival action? In Utah, wrongful death claims compensate 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 pain, suffering, and financial losses the deceased person experienced between the time of injury and death. Wrongful death claims focus on the family’s future losses, while survival actions address what the deceased experienced before passing away. In many cases, both types of claims are pursued simultaneously by the same attorney.