How to cope with the death of a loved one due to someone else’s negligence?

February 14, 2023

How to cope with the death of a loved one due to someone else’s negligence?

The loss of a loved one is one of the most traumatic experiences a person can go through. However, the anguish and trauma of losing a loved one are amplified when their death is the result of someone else’s carelessness.


When a loved one dies as a result of another person’s or entity’s careless or irresponsible actions, the surviving family members are left to pick up the pieces and deal with the aftermath. They are not only grieving the loss of a loved one, but they are also dealing with the injustice of a preventable death.


Fortunately, in Arizona, surviving family members have a legal process in place that allows them to seek justice and hold the responsible party accountable. They can seek compensation for the harm they have suffered as a result of their loved one’s death by filing a wrongful death claim.

Hiring an Attorney

Navigating the legal process for a wrongful death claim can be difficult and overwhelming, especially when a family is mourning the loss of a loved one. Hiring an experienced attorney in these types of cases can provide much-needed guidance and support throughout the process.

The role of the attorney in pursuing a wrongful death claim

In a wrongful death claim, the attorney’s role is to represent the surviving family members and guide them through the legal process. This includes conducting a thorough investigation of the case, gathering and analyzing evidence, negotiating with insurance companies, and representing the case in court if necessary.

The Legal Process

To bring a successful wrongful death claim in Arizona, the following elements must be proved:

  • Duty: The defendant had a duty to exercise reasonable care to avoid causing harm to others.
  • Breach: The defendant breached this duty by acting carelessly or irresponsibly.
  • Causation: The defendant’s breach of duty directly caused the death of the plaintiff’s loved one.
  • Damages: The surviving family members have suffered harm as a result of their loved one’s death.

The Statute of Limitations in Arizona

It is important to note that in Arizona, there is a statute of limitations for wrongful death claims. This means that there is a time limit for filing a claim, after which the right to seek compensation is forever lost. A wrongful death claim in Arizona has a two-year statute of limitations from the date of the loved one’s death.

The role of evidence in proving negligence

To establish negligence in a wrongful death claim, strong evidence must be presented. Eyewitness testimony, medical records, police reports, and expert witness testimony are examples of such evidence. The lawyer will collect and analyze all relevant evidence to build a strong case on behalf of the surviving family members.

Seeking Compensation

In a successful wrongful death claim, surviving family members may be entitled to compensation for a variety of damages, including:


  • Funeral and burial expenses
  • Medical expenses related to the decedent’s final illness or injury
  • Lost income and benefits
  • Loss of consortium or companionship
  • Pain and suffering endured by the decedent before their death


The types of compensation available may differ depending on the facts of the case and state law. An experienced attorney can assist families in understanding their full range of compensation options.

Factors considered when determining the value of a claim

When determining the value of a wrongful death claim, various factors are considered, including:


  • Age, health, and life expectancy of the decedent
  • Decedent’s earning capacity
  • Relationship between the decedent and surviving family members
  • Funeral and burial expenses
  • Medical expenses related to the decedent’s final illness or injury
  • Lost income and benefits
  • The nature and extent of the decedent’s pain and suffering

The role of insurance in a wrongful death claim

Insurance can be very helpful in a wrongful death claim. In some cases, the responsible party may have insurance coverage that can help families recover their losses. Talking to an attorney is important if you want to know how much insurance coverage is available in a certain case and how that might affect the amount of money you can get.

Coping with the Outcome

The outcome of a wrongful death claim can be difficult to accept, especially when the loss was caused by the negligence of another. It is important to remember that the legal process can help bring closure and justice to families who have lost a loved one.


The grieving process can be long and difficult, so it is essential to seek help during this time. Grief support groups, therapy, and counseling are some of the resources available to help families cope with the loss of a loved one.

Schenk Podolsky, Mesa Arizona 

Hiring an attorney when a loved one has died due to someone else’s negligence can be a crucial step in seeking justice and receiving fair compensation. The attorneys of Schenk Podolsky can offer you the expertise and support needed to navigate the legal process and ensure that your rights are protected.



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