The death of a loved one is traumatic. When tragedy strikes a family, it can be hard to recover. When a person passes away from the negligence of another, it adds insult to injury.
Throughout the COVID-19 pandemic, there have been tens of thousands of deaths. Many deaths could have been prevented. For example, nursing homes not taking proper measures to ensure the safety of their patients. There are many lawsuits being filed against these facilities.
Wrongful deaths happen far too often.
Types of Common Wrongful Death
There are several common wrongful death incidents that occur. They include:
- Medical error
- Car, motorcycle, bus or truck accident
- Pedestrian accident
- Construction accident
- Malfunctioning product
- Plane crashes
Who Can File Wrongful Death Cases in Arizona?
Only certain categories of people are legally allowed to file a wrongful death claim in Arizona. These persons are known as “statutory beneficiaries”. Statutory beneficiaries are defined in Ariz. Rev. Stat. 12-612 and include surviving:
- Parents
- Spouses
- Children
- Guardian or
- Personal representative of the deceased person.
- How to Prove Wrongful Death
In order to file a wrongful death claim, liability must be proven. You must be able to prove “preponderance of the evidence” which means more likely than not, the actions of another caused the death of your loved one.
For instance, if your loved one was in the hospital and medical staff did not accurately diagnose and treat an ailment, they are liable for the death. When someone acts with negligence or breached the duty they owed the decedent, it is a wrongful death.
How is Compensation Determined/Awarded?
When a wrongful death case is filed, several elements are reviewed. The presiding jury will determine both monetary and emotional losses experienced by the survivors.
Several elements a jury reviews include:
- Loss of companionship
- Loss of financial support
- Medical and funeral expenses
- Mental anguish/pain and suffering
- Loss of care/parental guidance
If there are dependents, the jury will consider future earnings loss from the wrongful death. When the compensation is awarded, it is up to the surviving family members to adequately disburse the funds. In the event this creates conflict amongst the survivors, the court will distribute the compensation.
How to File a Wrongful Death Suit
Losing a loved one is one of the most difficult experiences to endure. It can be difficult to put a price on the loss. To file a wrongful death suit, it is imperative to find an Arizona wrongful death attorney who is both knowledgeable of the local, state and federal laws and sympathetic.
This type of suit is filed similar to a lawsuit that is filed after an accident has occurred. Your reputable personal injury attorney will obtain the details of the case and apply the law to build your case.
Please note, you may have up 2 years to file the lawsuit or the case will be dismissed. It can also be much shorter in certain circumstances. Time is of the essence so finding the right lawyer is pivotal.
If you lost a loved one wrongfully due to the negligence of another, call Mr. David Klink, Esq. today.
