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What to Know About a Wrongful Death Civil Lawsuit

Posted on October 29, 2021 in Personal Injury

A wrongful death civil lawsuit is a highly emotional matter to consider. When a loved one dies unexpectedly due to wrongful death, you must deal with the expected stress of trying to comprehend the loss and making arrangements for their estate. On top of this, you could also have added anxiety over filing a wrongful death lawsuit against the responsible party.

Fortunately, a wrongful death lawyer can guide you through the process and ease some of your stress.

What Can Qualify as a Wrongful Death Civil Lawsuit?

A wrongful death civil lawsuit can be filed if the victim otherwise would have had a personal injury claim if they survived the person or company’s wrongful action. Some common causes of wrongful death include:

· The victim was intentionally killed. While the defendant will likely face criminal charges, you can also file civil charges against them.

· Medical malpractice. If a doctor fails to diagnose a condition or doesn’t provide an adequate level of care.

· Fatal car accidents due to negligence. If a victim dies due to an accident caused by reckless driving, distracted driving, driving under the influence, or other reasons.

What You Need to Prove

To hold a person responsible for wrongful death, you must prove that the defendant was negligent or intentionally tried to harm the victim. You also must prove that the death led to the damages you are trying to recover. Your wrongful death lawyer can help you gather the evidence you need and build your case.

Who Can File a Wrongful Death Claim?

Section 12-612 of the Arizona Statutes provides that the following parties can file a wrongful death claim:

· The deceased’s surviving spouse.

· The deceased’s surviving children.

· The deceased’s surviving parents or guardians.

· The deceased’s representative of their estate.

· The representative of the deceased’s spouse, child, parent, or guardian.

The amount recovered in a wrongful death civil lawsuit shall be distributed to the parties, as provided by Arizona law, in proportion to their damages.

What Damages You Can Seek

In a wrongful death civil case, you can seek a variety of damages from the defendant. Some common areas you can request compensation for include:

· The victim’s pain and suffering before they died.

· The medical bills the victim incurred during treatment before their death.

· The costs of the funeral.

· The loss of the victim’s expected income.

· The loss of care that the victim would have provided.

· The loss of love and companionship.

Every case is different, so let us review the facts surrounding the misconduct that led to your loved one’s death.

Contact Experienced Wrongful Death Attorneys

If you lost a loved one due to another party’s negligence and you want to learn more about filing a wrongful death civil lawsuit, 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 wrongful death lawyers. 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. We are ready to help!