Draper Wrongful Death Lawyer

The first days after a sudden death are taken up with arrangements and grief. The legal questions come later: how it happened, who is answerable, and how the family will manage. For a Draper family those questions are governed by Utah's wrongful death statutes, and a lawsuit, if one is needed, is usually filed in the Third District Court at the Matheson Courthouse, 450 South State Street in Salt Lake City.

Our office is at 13894 S Bangerter Pkwy in Draper, so a family here can sit down with our legal team without crossing the valley. A claim cannot undo the loss. It can establish the facts and ease the financial strain.

When a Death Is Someone Else's Legal Responsibility

Utah Code § 78B-3-106 allows a suit for damages when a death is caused by another person's wrongful act or neglect, and against an employer responsible for that person's conduct. In Draper that usually means a crash at the Point of the Mountain on I-15, where Bangerter Highway ends, or on 12300 South. It can also mean a cyclist struck on Suncrest Drive or Corner Canyon Road, a pedestrian hit near a TRAX station, or a hazard on someone's property.

Any prosecution runs on its own track. It may end in a conviction or in no charges at all, and the family's claim for compensation goes forward either way, under a lower standard of proof.

Who Can Bring the Claim

Under § 78B-3-105 the heirs are the surviving spouse, the children, the natural or adoptive parents, and stepchildren under 18 who were supported by the person who died or lived with them at least part-time. Only when none of those survive do other blood relatives step in under intestacy law. A personal representative may also sue for the heirs. Our wrongful death guide covers the details.

Two Years, and Sometimes One

The filing deadline is generally two years from the death (Utah Code § 78B-2-304). If Draper City, Salt Lake County, UDOT or UTA may share responsibility, such as a TRAX train, a city vehicle or road work around The Point, a written notice of claim is due within one year (§ 63G-7-402). See our statute of limitations page.

What the Family Can Recover

The statute lets the court award the damages that are just under all the circumstances (§ 78B-3-106(4)). A claim may include:

• The paychecks, benefits and help at home your family member would have provided in the years ahead.
• Care for the final injury, along with funeral and burial costs.
• The loss of love, companionship, care and guidance, including a child's loss of a parent's upbringing.
• The grief and emotional loss the family carries.
• Punitive damages, only in rare cases of especially reckless conduct such as impaired driving.

After a fatal car crash, check the auto policy too. Utah's PIP coverage includes funeral, burial or cremation benefits of up to $1,500 and a $3,000 death benefit payable to the heirs (§ 31A-22-307), separate from any claim against the driver.

Wrongful Death Cases in South Salt Lake County

We handle claims from high-speed collisions on I-15 through the Point of the Mountain and at the Bangerter and 12300 South interchanges, cyclists and motorcyclists killed on the east bench roads, pedestrians struck along State Street or near the Kimballs Lane and Draper Town Center TRAX stations, work-zone and truck crashes around the construction at The Point, and deaths caused by unsafe property. Our Draper truck accident page explains the carrier records that must be preserved early.

How We Help Draper Families

We request the report from the agency that responded, Draper City Police inside the city or the Utah Highway Patrol on I-15, preserve vehicle data, video and witness accounts, find every applicable insurance policy, and deal with the insurers so the family does not have to. The steps in a Utah injury case describe what comes next, our Draper car accident page covers crash claims in depth, and the Draper personal injury page covers the city's roads and hazards.