How are Utah Wrongful Death Claims Resolved? What If People (Heirs) Can’t Agree?
Some Utah wrongful death claims are easily resolved because there is only one heir and therefore that sole heir receives all the wrongful death settlement proceeds.
Example. Sole Heir Car Accident Death. A terrible head-on, wrong way collision on I-15 kills 60 year old Robert. Robert’s only surviving heir is his wife. They had no children and his parents predeceased him a few years earlier. All $100,000 in insurance settlement proceeds go to his wife.
Other Utah wrongful death insurance claims have multiple heirs and no one can agree on how the wrongful death insurance settlement proceeds should be distributed.
Example. Three Heir Car Accident Death. Robert is killed on I-80 in Tooele County. Robert’s surviving heirs are his two children and wife. There is only $100,000 in wrongful death insurance proceeds to be distributed. This includes both the at-fault liability carrier and the underinsured carrier policies.
Ways to Resolve and Distribute Your Utah Wrongful Death Insurance Proceeds:
Wrongful Death Mediation. Prior to filing a lawsuit, the parties can agree to mediation. Mediation is where an experienced attorney helps facilitate the distribution of the wrongful death proceeds. The mediator is often a retired judge, or former insurance defense attorney, well respected by all parties involved. See this deeper article on mediation in personal injury cases.
Once the parties reach a mediated agreement, the mediator puts the agreement in writing and binds the parties to the wrongful death distribution. Generally the insurance companies demand release are signed by all parties before the wrongful death settlement proceeds will be distributed.
Wrongful Death Arbitration. Prior to filing a wrongful death lawsuit, or after a wrongful death lawsuit is filed, the parties can voluntarily agree to submit their wrongful death claims to a single or three panel arbitration. Like mediators, arbiters are either retired judges or experienced injury attorneys who have worked in the injury legal arena for decades.
Unlike wrongful death mediation, the arbiter makes a decision which the parties can appeal or accept. The terms of arbitration are generally set out by the parties before and the appeal right is specifically spelled out.
Mediation, like arbitration is a voluntary process.
WHY HIRE UTAH WRONGFUL DEATH ATTORNEY JAKE GUNTER in your wrongful death claim?
Having an effective advocate on your side who understands damages and wrongs is critical. Utah Personal Injury Attorney Jake Gunter has been representing injured people for nearly 20 years and solely practices personal injury and criminal defense. He doesn’t dabble in divorces and then take an occasional wrongful death claim that lands in his lap. Injury lawyer Jake Gunter regularly, every day, works with insurance companies and injured people.