What You Need to Know about Wrongful Death Claims

What You Need to Know about Wrongful Death Claims

If you have had a loved one pass away due to an accident or someone else’s negligence, you may have some questions about wrongful death claims. Below are some answers to commonly asked questions concerning wrongful death cases.

Arizona Wrongful Death Claims

Arizona law defines a “wrongful death” as a death that occurred because of a “wrongful act, neglect or default”.  If the person who passed away would have been able to file a personal injury lawsuit, then it may be possible for a family member to file a wrongful death claim on their behalf.

A wrongful death claim can be thought of as a personal injury claim where the person or persons injured are not able to file the suit themselves. In these cases, it is up to the family or estate to file in their stead.

Am I Able to File a Wrongful Death Claim?

You may be wondering what circumstances will permit you to file a wrongful death claim for your loved one. There are different types of accidents and acts of negligence that would qualify you to file a lawsuit.

  1. Medical Malpractice- This can include such actions as not taking the proper steps or care to treat a person and their condition correctly, or failing to properly diagnose a condition. If these types of action lead to a person’s passing, you may be able to file a wrongful death claim against them.
  2. Car Accident- If your loved one died from injuries received in a car accident that someone else was a fault for, you may file for wrongful death and claim that it was the other driver’s negligence that led to your loved one’s passing.
  3. Intentional Killing- If your loved one’s death was brought about by the intentional act or acts of another human being, then you can most definitely file for wrongful death.

Who Can File a Wrongful Death Claim?

Those who can legally file a wrongful death claim for a deceased person include:

  • Immediate family members, such as spouses, children, and parents of unmarried children
  • More distance relatives, such as siblings or grandparents
  • Domestic or life partners
  • Parents of a fetus who passed away due to someone else’s actions
  • Anyone who was financially dependent on the deceased or who may be suffering financially as a result of their death

Talking to a personal injury lawyer will help you determine whether or not you are able to file a wrongful death claim for your loved one, and if not you, then who may be able to.

What Needs to Be Proven?

In a wrongful death lawsuit, just like a personal injury lawsuit, you and your attorney must be able to prove that it was through the actions of another person that your loved one was injured and subsequently passed away. The more evidence you have showing that the person you believe to be responsible owed some sort of duty to the deceased and failed, the better. If it is the driver of the other vehicle in a car accident, their duty was to drive safely and follow the laws of the road in order to avoid accidents and injuries. If they were the cause of the accident, then they clearly failed that specific responsibility.

How Can Hiring a Personal Injury Attorney Help Me?

Hiring the right attorney to represent your case can make all the difference. Dealing with the death of a loved one is hard enough without also having to go through a legal case. Having a lawyer on your side who is competent and hard working can help you have more time and space of mind to focus on moving forward through your grief rather than stressing about the case.

The Moak Law Firm is here for you through this tough time. Our attorneys are caring, understanding and will work tirelessly on your case to ensure that you are able to get the compensation you deserve. If you believe you have a wrongful death case on your hands, please feel free to call our office today and schedule your free consultation with us.

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