A wrongful death case is one that can be brought to court by the surviving relatives of a deceased person for compensation from the at-fault party. In Arizona, those who can sue for wrongful death are relatives of the deceased, a spouse of the deceased, a parent or guardian of the deceased, and personal representatives of the deceased person’s estate or children/parents/guardian. These cases are complex and need to be treated with care if the party seeking compensation wants to get the best results possible. There are many things that need to be taken into consideration with these cases, though, which is why it’s so important to have a reliable wrongful death attorney in Phoenix, AZ.
Do You Have a Wrongful Death Case?
Before you even consult with a lawyer, it would be best to know if you have a case or not for sure. If the deceased person would have had a personal injury case on their own, then it’s highly likely that you can seek wrongful death compensation from the at-fault party. If the person who died was a victim of medical malpractice, intentional assault, or was harmed due to someone’s negligence, then your chances of being awarded compensation are very good.
For example, if a doctor made a mistake that caused a person to die and their error can be proved in court, you can be compensated by the medical facility or the doctor themselves. You could also be compensated for wrongful death if someone intentionally murdered your loved one. The person who committed the crime can be held legally responsible for compensating the family of the person they murdered. If the deceased was the person who supported their wife and children, then the person who committed the crime can be held responsible for compensating the family so the wife and children can live normally without having to rely on government assistance and other public programs.
While some states do allow more distant family members to file wrongful death claims, such as brothers or sisters, in Arizona they are not allowed to. They cannot file a case unless they were a legal guardian of the person who died.
What Financial Compensation Can be Sought in a Wrongful Death Claim?
Financial compensation from wrongful death includes many things. Some of the most important are loss of expected income from the deceased person and loss of inheritance due to the death. Financial compensation can also be sought for funeral and burial costs, medical costs prior to your loved one dying, and any other financial burdens that resulted from the incident. Also, you could be compensated for pain and suffering, loss of love and companionship from the deceased, and any nurturing that you would have gotten from the person who died. It’s important to take all of these things into consideration so your lawyer knows exactly what to seek when they are taking your case to court. If it was your spouse who died, then not only are you going to be in a bind because of the financial loss, you will also be emotionally traumatized from losing your life partner that you were used to spending every single day with.
What Will Happen in Court?
During the court hearings, many things are going to happen. First, your lawyer is going to prove that your loved one died as a result of the at-fault party’s actions. If it was a doctor who made a mistake, the lawyer will prove this in court. If it was a person who committed a criminal act, this will also be proved by your lawyer and by the state prosecutor. Someone who has been deemed guilty in a murder case is not going to be hard for a lawyer to prove that they were the reason our loved one has died.
After the proof is established, your lawyer is going to go over the financial damages that resulted from the case. They will show the judge medical bills, funeral costs, counseling fees, and anything else that you are being held financially responsible for because of your loss. They will then ask the judge to make a ruling that states the at-fault party needs to compensate you for these financial burdens. If the judge finds that the money your wrongful death lawyer is asking for is within the confines of the law, they will make their ruling and you will be compensated. All, if not most of the money can be immediately awarded to you by seizing the at-fault party’s bank accounts, vehicles, properties, and anything else they have which can be liquidated in order to pay you. Any money that is leftover after these actions will need to be paid by the at-fault party over time.
It’s very important that you select a lawyer who has plenty of experience with wrongful death cases. When consulting with a lawyer, you can ask them to show you the results from cases they have handled in the past that are similar to yours. Any lawyer that is confident in their skills will have plenty of results to show you. You can also verify a lawyer’s credibility by reading reviews on their services from their previous clients. People who hire lawyers are likely going to tell others about the services they received, especially if they were very pleased or very unhappy with them.
Those who are seeking a reliable, trustworthy wrongful death attorney in the state of Arizona who can help with cases like these, need to get in touch with Tobler Law. This law firm is one of the most highly recommended in the state for wrongful death cases because they have an exceptional track record for getting their clients the money they deserve from the at-fault party.