Wrongful Death…When is it Considered “Wrongful?”

Posted on October 25, 2021 in Personal Injury

Wrongful death claims are difficult not only emotionally, but also in their complexity. It’s always hard when a loved one dies, but if that person’s death was due to the fault of another person — or wrongful death — it can be even more difficult. It is vital that you work with a knowledgeable and experienced attorney.

Wrongful death is when a person dies due to the misconduct or negligence of another person, business, or entity. When this occurs, you can hire an attorney and file a lawsuit against the liable party or parties. While a lawsuit will not bring your loved one back, it can result in compensation for loss of companionship, loss of wages, funeral expenses, and other costs.

Most wrongful death suits involve fatal car accidents, medical malpractice, or product liability cases. Some examples can include if your loved one was killed by a drunk driver, if a doctor misdiagnosed your loved one or made an error in his or her treatment, or if a faulty product led to their death.

We understand that the loss of your loved can leave you in a financial crisis. You should not try to face this alone. Let us do what we do best – fight to recover the maximum amount you are owed for your damages suffered.

Types of Wrongful Death Claims

Many types of wrongful death can result in claims. Some of the most common types can include:

· Drunk driving accidents

· Motorcycle or vehicle accidents due to reckless driving

· Medical malpractice

· Nursing home neglect or abuse

· Product liability or product malfunction

· Slip and fall accidents due to unsafe circumstances

Every situation is different, but the loss and injustice is the same. We understand and empathize with what you are going through. We want to take some of the burden off of you. Let our legal team handle the lawsuit so you can focus on grieving and healing.

Who May Sue for Wrongful Death?

Section 12-612 of the Arizona Statutes sets forth who has the right to file a lawsuit against a negligent party who caused the death. It states

An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent’s estate.

Who May Be Sued for Wrongful Death?

Many different parties can be held responsible for wrongful death. Some potential parties you could bring a lawsuit against include people, companies, government agencies, and employees. However, it might not be as cut-and-dry as you’d think when selecting the responsible party. For example, say your loved one is killed by a drunk driver. Some potential people who you could file the lawsuit against include:

· The driver who operated the vehicle under the influence of alcohol.

· The person who sold, served, or provided alcohol to the driver.

· The owner of the bar, restaurant, or liquor store where the driver was served alcohol.

When determining who to file a wrongful death lawsuit against, work with your personal injury attorney who has experience in handling this type of litigation. Your lawyer will review your case and the evidence and help you determine who should be held responsible.

Contact Our Wrongful Death Attorneys for Help

If you lost a loved one due to another party’s negligence, contact the attorneys at Gallagher & Kennedy at 602-530-8400. We care about our clients and are committed to using our skills, work ethic, and resources to help you or your family obtain compensation and justice.

Contact us today for a one-on-one interview with one of our Phoenix lawyers who are experienced in handling these types of cases. We empathize with families dealing with tragic, unexpected and unjust losses. Let us help you fight for justice for your recently deceased and fair compensation for their survivors.