Phoenix Wrongful Death Lawyers
Attorney Representation in Phoenix, Arizona Since 1996
Win Your Case by Preparing for Common Wrongful Death Defenses
An Arizona wrongful death lawsuit comes about when someone seeks compensation for an injury that a deceased loved one suffered due to another person’s negligence. The defense strategies for a personal injury and a wrongful death case are very similar.
We’ve compiled a list of common defenses that could potentially be used in your Phoenix wrongful death case:
Self-Defense
The self-defense argument can be used if the defendant believed they could lose their life or suffer great bodily harm. This belief must be reasonable in order for the defense to be valid.
Release Agreement
The defense might try to use a release agreement to defend against a wrongful death suit. A release agreement can protect a defendant from simple negligence but it can’t defend against gross negligence when it comes to wrongful death claims.
Decedent's Involvement in an Unlawful Act
If the person who passed away--the decedent - was performing an unlawful act at the time of their death, a wrongful death lawsuit cannot be won. This is because of the law regarding unlawful acts.
Assumption of Risk
In wrongful death cases, defendants will try to argue that the decedent assumed the risk of their actions. This argument would require that the decedent knew of the dangers associated with their actions and they continued anyway.
Contributory Negligence
Contributory negligence is a very common defense. Contributory negligence will try to prove that the decedent contributed to their death. If contributory negligence is proven, no damages can be recovered unless the defendant’s actions were malicious or intentional.
Comparative Negligence
Comparative negligence exists in states that don’t use contributory negligence. It assigns a percent value of negligence to each party.
A wrongful death attorney can help you prepare for all of these defenses. Call the Phoenix AZ wrongful death attorneys at Breyer Law Offices at (602) 267-1280 for a free consultation.
