Losing a family member is always heartbreaking, even when that loss was expected, such as old age or a terminal illness. But when their death was caused by the negligent action or behavior of someone else, families are often left devastated by the suddenness and tragedy of it all. Not only are families left with emotional devastation, but the victim’s death can also cause financial hardship, especially if he or she was the primary breadwinner for the family. In Arizona, if a person dies as a result of the negligent actions of another party, survivors can pursue a wrongful death claim against the alleged at-fault party for damages they suffer due to the victim’s death. A wrongful death lawyer Peoria, AZ families trust from Saavedra Law Firm, PLC can help.
According to Arizona law, wrongful death is defined as one that is caused, “by wrongful act, neglect or default.” One way to understand what would constitute a wrongful death is that under the same circumstances, had the victim lived, they would have been able to pursue a personal injury claim or lawsuit against the party or parties that caused the accident that resulted in their injuries.
The law states that there are only certain survivors of the victim that may pursue a wrongful death action. These include:
There are an array of accidents or incidents that a Peoria, AZ wrongful death lawyer can pursue a wrongful death claim on behalf of the victim’s survivors:
The damages that can be awarded in a wrongful death claim will vary, depending on the circumstances of the case. Generally, the following can be included:
At Saavedra Law Firm, PLC, we understand that no amount of financial compensation will ever make up for the death of your loved one. But we also understand that your family deserves financial justice for that loss. If you would like to schedule a free and no-obligation consultation to find out how we may be able to help, call our office today to meet with a dedicated wrongful death lawyer in Peoria, AZ.
How a Wrongful Death Suit may cause one to need a Wrongful Death Lawyer in Peoria, AZ and may cause them to reach out to Saavedra Law Firm, PLC.
A wrongful death claim is a special kind of suit brought when somebody dies as a result of the offender’s negligent or deliberate act.
Wrongful death claims are brought versus a defendant who has actually triggered somebody’s death, either through neglect or as a result of some intentional action. Wrongful death claims permit the estate and/or those close to a departed person to submit a suit against the party who is lawfully accountable for the death. Though each state’s wrongful death laws vary, these types of suits are typically filed by a representative of the departed person’s estate, frequently on behalf of surviving members of the family affected by the death.
A wrongful death claim can develop after scenarios in which a victim who would otherwise have a valid personal injury claim is eliminated as a result of the accused’s wrongful action. This can occur in a range of scenarios, including:.
These are simply a couple of examples of personal injury cases that can develop into wrongful death claims. A wrongful death claim can stem from nearly any type of accident scenario, although one significant exception may exist for work injuries that lead to death, which usually must be handled solely through the employee’s payment system.
In order to hold the accused responsible in a wrongful death claim, the plaintiffs in the claim (typically through the estate of the deceased victim) need to fulfill the same burden of proof that the victim would have needed to satisfy had the victim lived. So, using carelessness as an example, this implies revealing that the defendant owed the victim a responsibility of care, that the accused breached this responsibility, that the breach of responsibility was a direct and near cause of the death, which the death caused the damages that the complainant is attempting to recuperate. Discover more about showing neglect in an accident case.
The grief from losing a loved one due to the negligence or recklessness of another party can be overwhelming. While no amount of money can ever make up for that loss, a Peoria, AZ wrongful death lawyer understands that the sudden death of a loved one often causes great financial stress on a family. The financial compensation received in a lawsuit can help ease those financial obligations. A wrongful death lawsuit can also help families find some sort of closure while it can also require the at-fault party to correct the defects that are in designing, manufacturing, procedures, systems, or other processes that contributed to the victim’s death.
As a wrongful death lawyer in Peoria, AZ can explain, wrongful deaths can happen anywhere and for a number of different reasons. The most recognized causes of wrongful death lawsuits are vehicle accidents, malpractice cases, and work-related deaths. But other types of incidents can result in the wrongful death of a victim and a subsequent lawsuit by their family. Wrongful death lawsuits can also name multiple parties who are liable for the incident or accident that resulted in the victim’s death. The following are two examples of these types of wrongful death cases that made national news over the past few years:
In Missouri, a teenager was killed when a basketball goal in the gymnasium of the elementary school he was volunteering at fell and struck him. His family filed a wrongful death lawsuit against all the parties involved in the design, manufacturing, sales, and distribution of the basketball goal. They also named the architect and contractor who were hired for the renovations to the gymnasium. In their lawsuit, the family cited defective equipment, inadequate inspection of the equipment, and inadequate training of employees. A confidential settlement was reached between all parties. In cases like this, a Peoria, AZ wrongful death lawyer will fully investigate to identify all potentially liable parties.
A retired NFL football player committed suicide. The man had had a stellar career, spanning two decades, and he was selected a dozen times for the Pro Bowl. But at the age of 43, he was diagnosed with chronic traumatic encephalopathy (CTE), a debilitating and fatal condition that many active and retired football players suffer from. The condition is caused by multiple concussions and the concussive effects of hits to the head players sustain in the sport. Although there was an NFL concussion settlement class where families of players who die from head trauma can receive up to $4 million in compensation, the player’s family chose to instead file a wrongful death lawsuit against the organization. A confidential settlement was reached between the family and the NFL.
Talk to a wrongful death lawyer today in Peoria, Arizona by contacting Saavedra Law Firm, PLC.