If someone in your family has suffered a death due to the careless, intentional, or negligent actions of another individual or party, a wrongful death attorney can do several things for you, which include the following:
When a wrongful death is suspected, one has to prove that the other party was
negligent, careless, or was intentional in causing the death. Often what happens is that the facts are not clear and there is a lot of hearsay. And, more frequently, the liable individual or party may try to shift the blame onto others and/or try to cover up the cause of death to avoid being blamed.
Hence a wrongful death attorney is vital for the initial investigation to help determine how the death occurred, why it occurred, and who is responsible. For example, if your loved one goes to the hospital for a routine colonoscopy under mild intravenous sedation, but never wakes up again, it is important to know what happened.
The doctors and nurses may claim that the individual may have had prior heart disease. But investigation may reveal that during the intravenous sedation, no dedicated nurse was monitoring the patient and that no resuscitation equipment was available in the room. The general standard of care for a colonoscopy procedure is that one person must be dedicated to observing the patient and also resuscitation equipment must be available in the room.
The
lawyer may discover these facts after hiring an expert witness to evaluate the case. That information can be very useful in building a wrongful earth case.
Another common wrongful death scenario may involve a
child waiting at a crosswalk to get to school. As the crosswalk sign turns green, the child starts to cross the street but, meanwhile, a speeding driver ignores the walk sign for pedestrians and hits the child, killing the child instantly.
In this case, the driver was grossly negligent, and he/she may have been intoxicated, texting, or on his/her mobile phone. If the child was crossing the street when the crosswalk sign was on, then by law the automobile driver should have stopped. A lawyer can get access to any traffic cameras, speak to witnesses, and even get the traffic light data from the Department of Motor Vehicles.
At the same time, the driver may be investigated by the police for
drunk driving, texting use of mobile phones, and so forth. A member of the general public would have great difficulty in accessing or obtaining this evidence, but lawyers can do so as part of their job. All the collected evidence can help build the case against the individual or the party responsible for the wrongful death.
A significant number of people who have suffered a wrongful death in their families have no idea about their legal rights. In addition, the laws regarding wrongful death litigation do vary from
state to state, and, in some states, you may not be able to sue for any damages.
In other states, the laws limit the right to sue by only family members, whereas, in other states, distant relatives can also file a lawsuit. More importantly, in some states, family members may not be allowed to sue. In Arizona, those who may file a wrongful death lawsuit include a surviving spouse, surviving children, surviving parent or guardian, or a designated personal representative.
There are instances where the
statute of limitations can be extended, if need be, such as in a homicide, where it may take time to discover who was responsible for the victim’s death. Because the laws vary, a wrongful death lawyer can educate you on the specific laws in Arizona.
A wrongful death attorney can help the surviving family members seek
financial compensation to cover both non-economic and economic damages.
The economic damages may include:
The non-economic damages may include:
In very rare cases, Arizona law also allows one to sue for punitive damages. Punitive damages aim to punish the liable individual for his or her actions that led to the wrongful death. The punishment may be a monetary penalty and serves as a deterrent to others against committing similar actions.
In the state of Arizona, the following individuals are allowed to file a wrongful death claim:
The amount of compensation depends on the case. An experienced wrongful death attorney can evaluate the case and determine the number of damages. In most cases, the compensation will be at least $500,000. The majority of wrongful death cases are
settled out of court but if the other party is unwilling to settle, then the case may proceed to trial, where a jury will decide on the amount of compensation.
Losing a loved member of a family can be devastating, emotionally stressful, and a financial burden for most people. A wrongful death lawyer can at least partly remedy the situation by getting you the maximum financial compensation that you deserve from the negligent party.
Handling a wrongful death case is complex and requires a great deal of experience to obtain the maximum amount of damages. We have a team of seasoned wrongful death lawyers who are committed to providing claimants with all the legal resources so that they can secure the damages they deserve. Call us today at the law offices of
Richard Gullette at 1-602-230-2916 for a free consultation. There are no fees or retainers - we get paid when you win.