Phoenix Wrongful Death Claim Lawyers
Attorney Representation in Phoenix, Arizona Since 1996
Arizona Wrongful Death Lawyer Discusses Details of Wrongful Death Claims
It is very difficult to lose a family member no matter what the circumstances, but when the death results from the negligence of another individual, it is even more devastating. There is no formula for calculating the loss of a family member. When bringing a wrongful death claim, it is up to the Arizona wrongful death lawyer to put together evidence that will serve to help calculate the monetary damages that the family members should receive from the loss of a loved one from the negligence of another individual.
When a lawyer makes a claim for the wrongful death of a loved one, it is to reimburse the family members for the loss of income, companionship and support that the loved one provided to their family. A family is entitled to bring a wrongful death claim when their loved one is killed by a negligent act of another individual or company. The Phoenix wrongful death claim is on behalf of the decedent's family or estate. By family, the wrongful death statute indicates that only immediate family is entitled to make a claim. Sisters and brothers of a loved one cannot make a claim. It must be the spouse, parents or children of a loved one that is allowed to bring a claim. A sister or brother may be able to ultimately collect money if they are the beneficiary of the estate and there is no spouse, children or parents. Many times, however, when there is no spouse, children or parents that are living, there is just a greater complexity and more challenges inherent in bringing a claim. This does not rule out the possibility for those that may still feel it is in the interests of justice to proceed, but in these situations the need for a complete, honest assessment by an Arizona personal injury and wrongful death attorney becomes even more important.
When filing a lawsuit or claim for a wrongful death, there are elements that must be proven. It must be proven that a wrongful death was caused by another person's negligent conduct. In other words, you must prove that the other party was at fault for your family member's death. Also, the damages must be proven, and the damages are different depending upon whether there is a surviving child, spouse, parent, or whether the estate is making the claim. Each of the claimants requires a separate analysis.
Here is another example. A loving husband with 3 children, who worked full-time, is killed in an automobile accident. In this case, the Phoenix car accident wrongful death lawyer would have to show what the lost wages for that husband would be for the husband's entire life and what the loss of support and companionship would be for the spouse and 3 children. The amount of lost wages is established by collecting evidence and interviewing people with regards to the career of the husband. Also, an expert would be hired to gather evidence and put together calculations to compute the entire lost wages that the family member would lose as a result of the husband not being alive and bringing in an income that was relied upon. The companionship on behalf of the spouse and 3 children would have to be demonstrated as well.
Wrongful death claims can arise out of many different events. One of the major causes of wrongful death claims is automobile accidents. Automobile accidents, trucking accidents, motorcycle accidents and bicycle accidents are all common causes of wrongful death lawsuits in Arizona. Construction accidents are also a cause for wrongful death in Arizona. In fact, many of the construction accidents we handle result in very serious injury. Wrongful death claims can also occur because of a defective product or animal attack. There are many other situations, such as medical malpractice or nursing home abuse that cause wrongful death claims in Arizona as well. With the elderly population growing, we have seen a growing number of claims against nursing homes.
As Phoenix wrongful death lawyers, we know that we cannot replace the loved one. Still, we can provide the family who has gone through such a tragedy with the security of financial means via a fair settlement. When we make a wrongful death claim for family members or stand up in front of a jury, it is our job to have hired the best experts to testify to lost wages, and to convey to the jury all of the love, guidance, and companionship that the surviving family lost due to the negligent conduct of the adverse party.