In 2020 What Does a Wrongful Death Lawsuits Include In Arizona?
Losing a loved one is a trying and difficult reality that many of us will face as sometime in our lifetime. Not only is it an emotional burden but deaths, especially unexpected ones, can be financially cumbersome. If you believe that someone else is at fault for the death of family member then you may have grounds to file a wrongful death lawsuit.
Wrongful Death Definition
Wrongful death claims are made when a defendant has allegedly caused someone’s death either negligently or through intentional harm. Wrongful death is a civil action that allows the estate of the deceased person to file a lawsuit against the party that is liable for the death. The suit is typically filed by an attorney on behalf of the surviving family members and other affected parties.
What Kind of Deaths Do Wrongful Death Lawsuits Include?
A good way to think of when a wrongful death claim is applicable is to ask, “Would the victim have filed a personal injury claim had they survived the offending incident?” This can come in a wide variety of forms including when, The victim was intentionally killed, murder is a criminal trial, but you can still seek financial compensation for the death of a loved one despite the outcome of a criminal trial. For example, OJ Simpson was acquitted in a criminal child for the murders of Nicole Brown and Ronald Goldman, however he was still found liable in a civil wrongful death case. The case was based on an intentional act. These specific civil lawsuits were brought by the victims’ families and separate from the state’s criminal case.
If a doctor fails to diagnose a condition or if a doctor is careless to the level of incompetence then they may be open to a wrongful death lawsuit. Common examples include doctors being under the influence of drugs/alcohol, and doctors dismissing patients without giving a thorough examination.
Car Accidents involving Negligence
If a victim dies as a result of a car accident injuries, a wrongful death claim may be brought to the courts. The driver might be deemed negligent if they were intoxicated, texting or simply not paying attention while behind the wheel of the car.
Who Can File a Wrongful Death Claim?
A wrongful death claim is usually filed by a representative of the estate of the deceased victim. This is done on behalf of those who had a relationship with the victim, and it can vary depending on the state. In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Also, parents of minors can also bring a action forward if one of their children is killed. Similarly, minors can collect if their parents were killed. As the extended family reaches further and further, the states begin to differ as to whether those members have the right to file these suits (think distance cousins, aunts, etc…).
In some states, marriage is not a requirement to file a wrongful death claim, as long as you can show financial dependence on the deceased. If you think you are dealing with a wrongful death claim, give our office a call. We would be happy to help you file if necessary.
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