Losing someone to natural causes is hard enough as it is, but the situation can be much more stressful if the deceased person died because of another’s negligence.
If a person has died due to someone else’s actions, then the one who caused the death can be held legally responsible for their mistake. There is a certain criteria that must be met in order to hold that person responsible. There must be tangible proof that the suspected at-fault party actually caused the person to die.
Considering the many different situations that can cause a wrongful death case to be brought to court, such as medical malpractice and hazardous work environments, it’s important to know your options.
Who is Able to File a Wrongful Death Case?
One of the most important aspects of these types of cases is figuring out who can actually file a wrongful death case on the behalf of the deceased. In most cases, the family members of the person who has died are able to file a wrongful death case against the at-fault party. This means immediate family members such as children or spouses. In some states, non-immediate family members, like brothers or sisters, can also file.
There are some instances where someone who was financially dependent upon the deceased, even if they were not related to the person who died, can file a wrongful death suit. In the state of Arizona, a spouse, child, parent/guardian, or a representative of the deceased person’s estate can file a wrongful death suit. In order to set a wrongful death case into motion, the person who wants to file the case needs to get in touch with a law firm that can investigate the situation and begin the process.
The Length of Time For Filing a Wrongful Death Lawsuit
Another important factor of these types of cases is the length of time a person has to file a wrongful death lawsuit. The length of time a person has to file the case depends on the state the wrongful death occurred in, but it’s normally anywhere from one to three years. In Arizona, someone who wants to file a wrongful death case against the at-fault party has two years to get everything initiated. This is plenty of time for the case to be investigated by a wrongful death lawyer in Arizona and for them to determine if the case is winnable in court. Any cases that are brought to the court’s attention after this two year time limit are likely not even going to be considered at all, so it’s important for a person to keep this limit in mind. However, this deadline is not affected by any sort of criminal case that’s being filed in relation to the person dying or anything that caused it to happen.
Different Types of Wrongful Death Cases
There are many situations in which a wrongful death lawsuit can rightly be pursued. If someone was at an amusement park and was killed by a faulty roller coaster, then the family of the deceased can rightly pursue a wrongful death case. If someone was working at a construction site and was killed due to being in an unsafe environment, or if their employer did not provide them with the proper equipment to perform their job, this can also be considered a wrongful death case.
There are also cases where a medical professional makes a mistake and causes the death of a patient, which is most definitely a reason for the family of the deceased to seek compensation for the death of their loved one. Many people have questions about stillbirths and if the medical team can be held responsible for the death of the baby, but these cases are just like any other in that it has to be proven that the medical team caused the death of the baby. Any situation where a person would have had a personal injury lawsuit if they didn’t die can be pursued by their surviving family members in court for wrongful death.
What Are the Results of a Wrongful Death Case?
Many people know that they want to get justice for the death of their loved one, but they don’t know exactly what’s going to happen when they pursue this type of case in court. If there are no criminal charges pending, then the at-fault party will likely be ordered to financially compensate the surviving members of the deceased person’s family. There are also instances where the at-fault party can be facing criminal charges and still ordered to compensate the surviving family members.
In order to determine how much money the surviving family members are eligible to receive, the court will examine the life of the person who passed away. For example, if the person who died was a single father of three children, then financial compensation to support those children until they are of age will be sought after in court. If the person who died was married with no children and was the person who financially supported the household, then the spouse of the deceased will be compensated in order to continue living the lifestyle they are accustomed to.
However, just because a person was financially supporting their family does not mean that’s the only reason the surviving members will be compensated. Pain and suffering, funeral costs, medical bills, and many other financial aspects of a person’s death will be taken into consideration when evaluating how much money is going to be awarded to the surviving family members.
Wrongful death cases are sometimes long and drawn out in the courtroom, but this is only to ensure the surviving family members are fairly compensated for their loss. This is why it’s so crucial to ensure that the lawyer working a wrongful death case is one who has the experience and knowledge to handle it. If a wrongful death case ends up in the at-fault party’s favor, then the people who lost their loved one will not receive any sort of financial help for their stressful ordeal.
Those who are in the state of Arizona and believe they have a wrongful death case need to get in touch with Tobler Law. This is a law firm that is full of lawyers who have experience in all types of cases, especially those involving wrongful deaths. Be sure to get the right legal team on your side after losing your loved one; the right lawyer can make the difference between being able to mourn properly or spiraling into depression and stress.
