What If A Person Dies Before Bringing A Personal Injury Lawsuit?

If you have never dealt with a wrongful death lawsuit before then you should talk to a wrongful death lawyer in Phoenix AZ such as the ones available at Saavedra Law Firm PLC. Wrongful death covers a large range of laws and incidents that can happen, and having a lawyer who is as experienced in wrongful death as they are in regular law is going to be a great thing to take a lot of focus off of you, allowing you time to grieve your loved one that you lost.

We are going to discuss some of the most commonly asked questions about wrongful death and how your lawyer can help you answer these questions.

What if a person dies before bringing a personal injury lawsuit?

The answer to this question is independence. It is going to depend on whether the person died as a result of injuries that they were filing a claim for, or if they died from unrelated causes. For example, if you have a personal injury from a broken leg and then die from a collapsed lung, there would be no case unless your lawyer and your doctors can prove that your broken leg caused your lung to collapse. However, say that you have a brain injury and you die of that brain injury and you gain this brain injury through an accident that somebody else was negligent for, then your family would be able to file a wrongful death lawsuit in your honor and receive compensation for your death.

What if an unborn fetus dies?

Many states have a requirement that the child must first be born alive in order for its death to be a subject of a wrongful death action, therefore if your fetuses died prior to being born there is nothing to lawyer can do in many cases, however you should still talk all wrongful death lawyer in Phoenix AZ just in case.

When someone dies what is the difference between the civil and criminal cases that may be bought up regarding the death?

A criminal case is going to arise because the government is seeking to punish an individual for an act that has been classified as a crime, which means this act was most commonly intentional. A civil case is going to deal with the dispute over the rights and duties of individuals and organizations owed to one another, and the main difference between these two cases is that the burden of proof is higher in a criminal case and the penalty imposed is a criminal sanction such as a jail sentence or worse. In a civil case there is simply a monetary judgment with no real repercussions.

If you have any questions about wrongful death in the case that you are trying to put forth, you should reach out to a wrongful death lawyer in Phoenix AZ and talk to them about your concerns and questions. They will be able to guide you on your case and ensure that you are filing your case in the correct manner.