If a person is injured due to another person’s negligent or wrongful act, the injured person can file a personal injury lawsuit and recover damages. But what happens if the injured person is killed due to a negligent or wrongful act?
In Arizona, certain family members can step into the deceased’s shoes and file a wrongful death claim. The claim compensates the surviving family members for their loss, pain, suffering, medical bills assistance, and household income loss. To be successful, the claimant must show that the death was caused by another person’s negligence or wrongful act and that the surviving family members have suffered damages.
A wrongful death attorney can assist you, and your family collects the compensation you are entitled to collect. Consulting with an experienced wrongful death lawyer will significantly increase the chances of a successful outcome.
Who can file a wrongful death claim in Arizona?
For many victims, it is time-sensitive to investigate the steps in a wrongful death lawsuit. The first step in any wrongful death claim is to investigate if you, as a family member, are an eligible recipient for compensation. The following individuals can claim wrongful death as survivors of the deceased:
- A parent or legal guardian
- Child of the deceased
- The estate, if there are no parents, children, or spouse
Suing for wrongful death isn’t always clear. Having a wrongful death attorney will significantly improve your success rate. Elements in a wrongful death claim are time-sensitive and accidental death law is complex. Our team of experienced lawyers can help. With over 40 years of experience, our record shows that we advocate for our clients and their family members.
What must be proven?
In a wrongful death claim, the surviving family member must prove that the death was caused by the negligent or wrongful act of another. This is done by showing that the death would not have occurred without the party’s negligence or wrongful act.
The validation requires proving that the other party owed a duty of care to the deceased, breached that duty, and caused death due to the breach. In addition, the family member must show that the deceased would have had a valid claim for the personal injury had they survived. If these elements are successfully proven, then the surviving family member may be able to recover damages from the responsible party.
How are damages calculated?
In a wrongful death lawsuit, the jury or judge awards damages that are “fair and just” by looking at the losses (financial and emotional) the surviving family members have experienced resulting from the death. Compensation may include loss of earnings, loss of benefits (such as health insurance), and funeral expenses. As you can imagine, putting a price tag on many of these losses is difficult.
For this reason, the judge or jury is also likely to consider the survivor’s financial dependency on the deceased. The court will also consider the non-financial losses suffered by the survivors, such as loss of companionship or love. In some cases, punitive damages may also be awarded to punish the wrongdoer and deter others from similar acts in the future.
Call a wrongful death attorney to represent your case
Have you lost a loved one in an accident that wasn’t their fault? No family should have to go through what you are going through. We have the experience and resources necessary to win your case and get you justice. Let us help take some of the burdens off your shoulders so you can focus on grieving and healing.
At Snyder & Wenner, P.C. we specialize in wrongful death cases. We know the ins and outs of the legal system, and we will fight for you to get the compensation you deserve. Contact us today for a free consultation with our attorneys.