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Lost a loved one to negligence in Provo? BAM fights for justice and maximum compensation for grieving families.
When negligence or wrongful conduct causes someone's death, the family members left behind face not only grief and loss but also financial consequences. A deceased breadwinner leaves behind unpaid medical bills, funeral expenses, and lost income the deceased would have earned. BAM Personal Injury Lawyers handles wrongful death cases with compassion for grieving families and determination to hold negligent parties accountable. We have recovered millions for families who have lost loved ones to negligence.
Wrongful death law recognizes that certain people have the legal right to recover damages when a loved one dies due to someone's negligence or wrongful conduct. These claims allow families to pursue justice and obtain financial compensation that helps them rebuild their lives after devastating loss.
Not everyone can file a wrongful death claim. Generally, surviving family members may pursue claims:
A surviving spouse has a strong claim for wrongful death, including loss of companionship, financial support, and consortium (emotional and physical intimacy).
Surviving children can recover for loss of parental support, guidance, and companionship. Adult children may recover if they can demonstrate financial dependence on the deceased.
Parents of deceased children may recover for loss of companionship. If the deceased child provided financial support to parents, parents may recover for lost support.
Others who were financially dependent on the deceased may have claims for lost financial support.
Wrongful death claims arise from various negligent acts:
Car crashes, truck accidents, motorcycle collisions, and pedestrian strikes cause fatal injuries. Negligent drivers cause deaths through speeding, impaired driving, distracted driving, and reckless conduct.
Fatal workplace injuries may create third-party claims against negligent parties. While workers' compensation typically covers workplace injuries, third-party liability may be available.
Medical errors, surgical mistakes, and misdiagnosis causing death create wrongful death liability. Medical malpractice wrongful death cases require expert medical testimony.
Deaths from inadequate security (assault/murder), defective structures, or hazardous conditions may create premises liability.
Defective products causing death create product liability and wrongful death claims.
Deaths caused by criminal acts (homicide, assault) may create both criminal liability and civil wrongful death liability. BAM handles wrongful death cases arising from criminal violence.
Wrongful death damages compensate families for losses resulting from the death:
If the deceased was a breadwinner, family members recover the income the deceased would have earned until retirement or anticipated death. Calculations are based on the deceased's age, earning capacity, life expectancy, and work history.
Family members recover for the loss of the deceased's companionship, guidance, emotional support, and (for spouses) intimate companionship. These non-economic damages are substantial and reflect the emotional value of family relationships.
If the deceased was a parent, surviving minor children recover for loss of parental care, guidance, education support, and emotional nurturing.
The estate recovers funeral costs and medical expenses incurred treating the fatal injury.
If the defendant's conduct was reckless, malicious, or intentional, courts may award punitive damages to punish the defendant and deter similar conduct.
Two separate claims may exist after a fatal injury:
A survival action allows the deceased's estate to recover damages the deceased could have recovered if alive — medical expenses, pain and suffering during the period before death. The estate brings this claim as successor to the deceased's rights.
Family members bring wrongful death actions directly for their own losses — lost companionship, lost financial support, emotional distress from the loss.
Both actions may be pursued simultaneously, and both may result in recoveries that benefit the family.
Wrongful death cases require proving the same elements as other personal injury cases: duty, breach, causation, and damages. Additionally, the death must be proved to have resulted from the defendant's negligence. BAM's investigation in wrongful death cases is comprehensive and sensitive:
We investigate how the death occurred, gathering evidence of the defendant's negligence. In vehicle accident deaths, we obtain traffic cameras, witness statements, police reports, and accident reconstruction. In medical malpractice deaths, we retain medical experts to evaluate whether care deviated from standards and caused death.
Medical expert testimony establishes that the defendant's actions caused the fatal injury. In complex cases, we retain specialists to testify.
We document family members' relationships with the deceased, the deceased's earning capacity, financial dependence, and emotional bonds. We work with economists to calculate lost financial support over the deceased's work-life.
BAM handles wrongful death cases with compassion and determination. Call (801) 555-0000 for your free consultation.
Two distinct legal claims exist after a fatal injury. A survival action allows the deceased's estate (represented by the personal representative or executor) to recover damages the deceased could have recovered if alive. Survival action damages include medical expenses incurred treating the fatal injury, pain and suffering endured from injury until death, lost wages during the period the deceased survived before death, and other economic losses. If the deceased survived hospitalization and treatment before death, the survival action may recover substantial medical expenses and pain and suffering damages.
Wrongful death claims are brought by surviving family members (spouse, children, parents, dependents) for their own losses resulting from the death. Wrongful death damages include lost financial support the deceased would have provided, loss of companionship and consortium, loss of parental care and guidance (for minor children), loss of consortium damages (for spouses), funeral and burial expenses, and sometimes punitive damages. Wrongful death claims focus on the family's losses, not the deceased's suffering.
Both actions may be brought simultaneously after a fatal injury, and both may result in recoveries. The estate receives survival action damages, which are distributed according to the deceased's will or state intestacy laws. Family members receive wrongful death damages, which may be distributed to eligible family members or held in trust for their benefit. Understanding the distinction between survival and wrongful death claims is essential for maximizing family recovery after fatal injuries.
Economic models for lost future income begin with the deceased's work history, education, and earning capacity. Economists gather tax returns, employment records, and evidence of wages, bonuses, and benefits the deceased received. Based on this history, economists project average annual earnings the deceased would have earned until expected retirement age. A 35-year-old earning $80,000 annually with 30 years to retirement would have had 30 years × $80,000 = $2.4 million in future earnings (before inflation and present value adjustments).
Economists adjust projected earnings for inflation and apply discount rates to convert future earnings to present value. Inflation accounts for typical wage growth; discount rates reflect the fact that money received in the future is worth less than money received today (money grows through investment). After inflation and discount rate adjustments, calculations yield present value of lost income. For the 35-year-old example, present value might be $1.5-1.8 million depending on inflation and discount rate assumptions.
Household services valuation calculates the value of non-monetary services the deceased performed. A deceased parent prepared meals, did laundry, managed household finances, scheduled appointments, and provided transportation. These services have economic value, typically calculated using replacement cost (cost to hire someone to perform the services). An economist might calculate that household services lost by the family have present value of $50,000-$150,000+ depending on the deceased's role in household management. Spouses often performed more extensive household services, resulting in higher valuations. Single parents' household services valuations reflect loss to children.
Hedonic damages represent the value of lost enjoyment of life itself — the fact that the deceased will never experience future birthdays, holidays, family events, and life experiences. While these non-economic damages have no precise formula, courts recognize their legitimacy. Jurors often assign substantial hedonic damages, particularly when the deceased was young with many decades of potential life ahead. A 25-year-old who died in an accident may have 55+ years of lost life experiences. Courts may award hedonic damages reaching hundreds of thousands of dollars for young wrongful death victims.
Vehicle accidents are the most common cause of wrongful death claims handled by personal injury attorneys. Negligent drivers cause fatal accidents through speeding, impaired driving, distracted driving, reckless conduct, or safety violations. Truck accidents, motorcycle collisions, pedestrian strikes, and multi-vehicle pileups frequently result in deaths. Each type of vehicle accident carries potential for wrongful death liability.
Medical malpractice causing death includes surgical errors, misdiagnosis, medication errors, anesthesia complications, and failure to diagnose life-threatening conditions. A surgeon's negligence during procedure, resulting in infection or complications leading to death, creates medical malpractice wrongful death liability. These cases require expert medical testimony establishing deviation from standards of care and causation of death.
Workplace accidents cause wrongful death when negligent employers or third parties fail to maintain safe conditions. Construction site accidents, industrial accidents, and falls cause fatal workplace injuries. While workers' compensation typically covers workplace fatalities, third-party liability may exist against contractors, manufacturers, or others whose negligence contributed to the death.
Defective products causing death include defective vehicles (brake failures, accelerator problems), defective equipment, and defective consumer products. Product liability wrongful death claims require proving design defect, manufacturing defect, or warning inadequacy. Criminal acts including homicide, assault, and manslaughter may be accompanied by civil wrongful death claims. While the criminal justice system prosecutes the perpetrator, civil actions allow family members to recover monetary damages for the death.
Losing a loved one to someone's negligence is emotionally devastating. Beyond the immediate shock and grief, families face overwhelming practical challenges — funeral arrangements, medical bills, lost income, insurance claims, and legal disputes. Families often feel anger at the negligent party who caused the death. Simultaneously, families may feel guilty for surviving or for the deceased's choices that contributed to the accident. These emotions complicate decision-making during an already impossible time.
BAM approaches wrongful death cases with profound sensitivity to family circumstances. We understand that families are grieving and facing financial pressure. We do not pressure quick settlements or aggressive litigation strategies. We take time to listen to families' needs, explain legal options clearly, and pursue strategies matching family values. Some families want maximum compensation to ensure financial security; others prioritize accountability and justice. We tailor our approach to family goals while always advocating for their legal interests.
Wrongful death of a child raises unique emotional and legal issues. The death of a young child creates profound grief for parents and siblings. While a child may not have generated family income, wrongful death damages for a child's death are legitimate and substantial. Courts recognize loss of parental love, guidance, companionship, and emotional support provided by children to parents. Damages include reasonable expenses for the child's funeral, medical care before death, loss of the parent-child relationship, and non-economic damages for emotional loss.
Calculating damages for a deceased child is complex because the child was not an income earner. The child's lost future earnings and loss of household services are minimized or zero. However, courts recognize the profound loss parents experience. Damages focus on loss of relationship, loss of parental joy from watching the child grow and achieve, and emotional devastation. Some jurisdictions allow loss of parental consortium damages specifically for parental loss of a child's companionship and affection.
Wrongful death civil cases proceed parallel to criminal prosecutions when the death results from criminal conduct. The criminal case addresses whether the defendant is guilty of homicide, manslaughter, or vehicular homicide. The civil case addresses whether the defendant is liable for damages. Different burdens of proof apply: criminal requires proof "beyond a reasonable doubt"; civil requires proof by "preponderance of the evidence." A defendant may be acquitted in criminal court (insufficient evidence beyond reasonable doubt) but found liable in civil court (sufficient evidence by preponderance).
Burden of proof differences mean civil cases may proceed successfully even if criminal cases fail. For example, a vehicular homicide case might result in acquittal due to reasonable doubt about the defendant's guilt, but a civil wrongful death suit might succeed with preponderance of evidence standard. Criminal conviction strongly assists civil cases by establishing guilt and liability. Conversely, criminal acquittal does not prevent civil liability. BAM evaluates the criminal status of your case and pursues civil liability independent of criminal outcomes.
Civil discovery and criminal investigation may overlap. Evidence from criminal discovery helps civil counsel understand the defendant's conduct, evidence against the defendant, and prosecution theories. Criminal defense discovery may reveal evidence supporting civil liability. BAM coordinates with criminal prosecutors when appropriate to ensure civil interests are protected alongside criminal justice objectives.
Wrongful death liability insurance is covered by standard homeowner's, auto, and business liability policies. Vehicle accidents are covered by auto insurance liability policies. Negligent property owner deaths are covered by homeowner's or business liability policies. Policy liability limits determine maximum recovery from that policy. Most auto policies carry $100,000-$500,000 in liability limits; commercial policies may carry $1-5 million. When damages exceed policy limits, additional recovery sources must be identified.
Umbrella policies (excess liability insurance) cover claims exceeding underlying policy limits. If a standard auto policy carries $300,000 in liability and an umbrella policy carries $1 million, total available coverage is $1.3 million. BAM investigates all applicable insurance policies and coverage limits. When multiple policies or parties are liable, coordinating coverage and ensuring maximum recovery is critical. Wrongful death damages can be substantial, and identifying all available insurance sources is essential for family security.
If you've lost a loved one due to someone's negligence in Provo, contact BAM immediately. Our experience with wrongful death cases and sensitivity to grieving families ensure your case receives the attention it deserves. Call (801) 555-0000 or contact us online. Se habla español.
BAM Personal Injury Lawyers was founded by two experienced personal injury attorneys who have dedicated their careers to fighting for injured victims in Utah and Idaho. Our founders' combined experience, commitment to thorough investigation, and client-centered approach set BAM apart from high-volume firms.
Kigan Martineau leads BAM Personal Injury Lawyers with a focus on thorough case investigation and client advocacy. With over two decades of personal injury experience, Kigan has recovered over $50 million for injury victims across Utah and Idaho. His commitment to taking fewer cases and dedicating significant resources to each one ensures clients receive the attention and expertise their cases deserve.
Dan Benzion brings 15+ years of personal injury litigation experience to BAM. Dan is fluent in Spanish and actively engaged in the Spanish-speaking community, ensuring injured victims of all backgrounds have access to high-quality legal representation. His bilingual services and deep community connections reflect BAM's commitment to inclusive advocacy. Dan has recovered over $30 million for injury victims and is known for his aggressive negotiation tactics and effective courtroom presence.
BAM Personal Injury Lawyers has recovered millions of dollars for injury victims. While every case is unique and results depend on individual circumstances, these examples represent the types of cases we successfully resolve for our clients. All settlements and verdicts are subject to confidentiality agreements, and these case types and amounts are representative only.
BAM Personal Injury Lawyers was founded by Kigan Martineau and Dan Benzion to provide a fundamentally different approach to personal injury representation. Unlike high-volume firms that process cases like assembly line widgets, BAM takes significantly fewer cases to ensure each client receives the investigation, expertise, and attention their claim deserves.
Our commitment to thorough investigation means we invest time and resources that high-volume firms simply cannot. We retain expert witnesses, accident reconstruction specialists, medical consultants, and economists when cases require them. We negotiate aggressively with insurance companies and are not afraid to take cases to trial when settlement offers are inadequate.
Dan Benzion is fluent in Spanish and actively serves the Spanish-speaking community throughout Utah. BAM offers bilingual consultations and legal representation to ensure language is never a barrier to quality advocacy.
If we fail to meet every commitment we make to you before a settlement offer, you owe us nothing. We advance all case costs upfront. You have zero financial risk. Our contingency fee means we are paid only when we recover money for you.
BAM Personal Injury Lawyers serves injury victims in Provo and throughout Utah County. We handle cases in Fourth District Court and are experienced with local procedures, judges, and opposing counsel in this jurisdiction. Whether your case settles or goes to trial, we have the local knowledge and courtroom experience to protect your interests.
Every case starts with a free, confidential consultation. We will listen to your story, evaluate your claim, and explain your legal options. We are available 24/7 for emergency consultations. Call (801) 913-0265 or contact us online. Se habla español.
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