Wrongful Death Lawyer
It’s never easy to deal with the untimely death of a loved one, but when you know that their death was entirely preventable, it can be even harder to grieve. Families who are experiencing this kind of tragedy might find some solace in determining which party was responsible for their loss, and then holding them accountable in court. A wrongful death lawsuit is just one way that families and individuals may find justice.
What is wrongful death?
A wrongful death claim is usually filed by the estate — the closest surviving relatives or dependents — of an individual who was killed due to the intentionally harmful or extremely negligent actions of another person or party.
In order to prove that someone’s death was wrongful in the legal sense, the plaintiffs (the side filing the claim) will have to prove the following:
- The defendant had a duty of care toward the victim.
- The defendant breached their duty and acted in an extremely careless or harmful way.
- The defendant’s actions directly caused harm to the victim.
- The victim suffered fatal injuries and their death could have been avoided if the defendant hadn’t breached their duty of care.
Wrongful death claims are fairly similar to other personal injury claims. Negligence is usually a factor in these claims, and the ideal outcome for a plaintiff is to secure a monetary settlement. Although the true victim of a wrongful death claim cannot request compensation, their surviving family members may file a claim on their behalf.
Every state has its own laws regarding wrongful death claims. It’s a good idea to speak with a wrongful death lawyer to learn more about the laws that apply in your state. In general, the closest surviving family members of the decedent will be allowed to file a claim for wrongful death.
Contact a Law Firm
A wrongful death lawyer Phoenix, AZ relies on will work to make the process as simple as possible for if you decide to file a wrongful death suit. They know that this is a difficult time for families. If you’ve recently lost someone close to you, you deserve to have the time and space to grieve. While no amount of money could possibly make amends for what happened, a settlement from a wrongful death claim may ease the financial burdens you’re facing.
Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into wrongful death suits and personal injury claims.