Navigating Wrongful Death Claims
This past week in Provo, Utah, a Brigham Young University student was tragically killed in a high-speed crash with a sheriff’s deputy. Responding to a SWAT call, the deputy was traveling at extremely high speed when he struck and killed the student. The SWAT team deputy was driving a personal pick-up truck at the time of the crash; the vehicle did not have lights or sirens, yet the deputy was travelling at a high rate of speed. He is now on paid leave as investigators look into the horrific crash. A student, son, and friend is now tragically dead, arguably because of a police officer’s negligence. If you have suffered a tragedy due to another person’s negligent actions, you do not have to suffer in silence. Our attorneys at Rocky Mountain Personal Injury Center empathize and understand how deeply affecting and shattering these cases can be. It is painful enough to lose a loved one, but navigating a wrongful death claim can be painstaking. If retained, our attorneys will champion your case and ensure you receive the damages you are due.
Idaho Tort Claims Act and Wrongful Death Suite
While it is too early to speculate if the police officer in the instant case will be terminated, it is possible that the family of the deceased student may file a personal injury claim against the local police department and the State of Idaho for negligence and wrongful death of their child. Theoretically if they choose to file, they could so under the Idaho Tort Claims Act. The Tort Claims Act waives the State of Idaho’s sovereign immunity for cases of employee negligence, including car accidents involving state or local government employees. In order to file a claim under the Tort Claims Act, the plaintiff must ensure their personal injury claim falls under the scope of the law, and then file a notice of claim with the Idaho Department of Administration. Idaho Code § 6-906 (2020). The plaintiff must file the claim within 180 days, or approximately six months of the date of the injury or death. For the claim to be viable, the plaintiff also must prove that the defendant’s employees negligent actions occurred within the scope of employment.
Settlement or Trial?
The decision to accept a defendant’s settlement offer or go to trial on the matter is the client’s to make. While our attorneys can recommend one strategy or the other, our advice is based on the facts and circumstances of your unique claim, what we project your claim to be worth and whether the defendant is being forthright about what they are willing to offer in order to settle. Many defense attorneys will utilize stalling tactics or other negotiation strategies in an attempt to wear down the plaintiff. In some cases, the plaintiff simply does not have the means to drag out a case if they know they can accept the first offer and at least receive some form of compensation for their losses.
However, in other situations it may behoove the client to allow the case to proceed with the trial. In wrongful death claims especially, juries tend to favor the plaintiff and usually the plaintiff’s recovery is far greater than any settlement the defendant previously offered. But, it is important to remember that some cases may last months into years and trial dates can be postponed. It is also perfectly understandable to not want a case to drag on when discussing it dredges up painful memories and is difficult to think about it due to such an immense personal loss. If you have questions about what your potential claim may be worth or regarding case strategy, contact our litigation attorneys at Rocky Mountain Personal Injury Center.
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If you or a loved one suffered an immense loss of a family member, spouse, or child, nothing can ever bring that loved one back. Personal loss of a loved one is one of the most agonizing and difficult times in a person’s life. If that loss was due to another person’s negligence or willful and wanton conduct, you are entitled to justice and due compensation for your incalculable loss. While filing a lawsuit may be the furthest thing from your mind at this difficult time, you deserve the opportunity to seek justice on your departed loved one’s behalf; you should not be responsible for paying outstanding medical bills and additional fees due to their untimely death. If you have questions about your potential wrongful death claim or are ready to file, contact our personal injury attorneys at Rocky Mountain Personal Injury Center. We only represent plaintiffs and are licensed in Utah, Wyoming, and Idaho.
