What is a Presumptive Personal Representative in a Utah Wrongful Death Claim?

Utah law identifies a presumptive personal representative as the person to handle the responsibilities of wrongful death claims, based on relationship to the deceased. This role involves addressing many legal details during a period of personal stress and grief for the close loved one who takes on this role. Most presumptive personal representatives require assistance from a compassionate wrongful death lawyer in Salt Lake City who understands the law and can handle the daily details of a claim.

Although an individual can designate any personal representative to handle his or her issues after death, Utah law presumes a relative will take on this role. The Judicial Code establishes a hierarchy of relatives to act as a personal representative. An existing spouse is first to take these responsibilities, followed by an adult child and then the parents of the decedent. In all cases, the designated representative must have the necessary mental and physical capacity, while having no role in the circumstances leading to the wrongful death.

The role of the personal representative in a wrongful death action can be very complex, including:

  • Pursuit of any personal injury claims associated with the injuries prior to death
  • Representing all heirs in the actual wrongful death claim
  • Distributing the proceeds of all legal actions in accordance with the requirements of Utah law

Experienced Salt Lake City wrongful death attorneys help in many ways, including proving liability against all parties whose wrongful acts resulted in the loss of a loved one.

No monetary award or settlement can truly compensate families for the loss of a loved one taken from them too soon because of a wrongful act. With over six decades of combined experience advocating on behalf of victims of negligence, the attorneys at Larsen, Larsen, Nash & Larsen have the sensitivity, skills and resources required to pursue the compensation our clients need to move forward after a tragic loss. We offer free consultations to individuals throughout northern Utah. Contact us to learn how we can help.

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