Losing a loved one is always very difficult. You’re probably experiencing a wide range of very difficult emotions – denial, shock, anger, grief, anxiety, depression, and sadness. These emotions can be even more difficult to handle if you’ve lost a loved one due to someone else’s negligence. It’s natural to feel angry and upset if the loss of a loved one could have been prevented.
If you’ve lost a loved one, due to someone else’s negligence, please give us a call at (480) 934-0676 for free, compassionate advice, and talk to an actual attorney.
What is a ‘Wrongful Death’?
When somebody dies, due to another person’s negligence – that is what the legal world calls a wrongful death. The person, and/or the organization that they are affiliated with or work for, are all responsible for the wrongful death.
The most common causes of wrongful deaths are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Workplace accidents
- Medical malpractice accidents
- Product Liability accidents
When a wrongful death occurs, they leave behind loved ones who usually are given no warning or chance to say goodbye.
Who Can Make a Wrongful Death Claim?
This answer can be fairly complex, but in most situations, the surviving spouse or children of the deceased are usually the individuals who can make a wrongful death claim. If there are no children and the deceased wasn’t married, then the claim will usually pass to the deceased parents.
Under certain circumstances, other individuals may be able to make a wrongful death claim, but the answers can be fairly complex. If you’re not a child or surviving spouse of a person that was killed, due to negligence, it’s best to speak with an attorney.
What Can Be Claimed in a Wrongful Death Claim?
There are 3 broad categories of damages that can be claimed in a wrongful death case. These are:
Special or Economic Damages
Generally, these are things that can be ‘quantified.’ These include:
- Funeral Expenses
- Incurred medical bills
- The lost financial support of the person who has died
- The value of household services (cleaning, dishes, laundry, yard maintenance, etc) that the deceased would have provided.
- Loss of gifts or other benefits that the deceased would been expected to provide
General Damages or Non-Economic Damages
Generally, these are things that can not be ‘quantified.’ These could include:
- Loss of companionship
- Loss of Affection
- Loss of Protection
- Loss of Consortium (for a surviving spouse)
- Loss of Moral Support and Guidance
Generally, juries will look at the nature and depth of the relationship between the person who died and the individuals making the wrongful death claim. For example, if your father passed due to another’s negligence, and you haven’t spoken with him for over 20 years, that situation will be treated much differently than a father who is actively raising a younger child.
Punitive Damages
Punitive damages are used to punish somebody for really bad acts. Usually, the person has to make the decision to consciously disregard the safety and well being of others. In Arizona, there is no cap on punitive damages for wrongful death claims.
Time is of the essence
No amount of money is going to be able to bring back a loved one. You probably already have a lot on your plate and the difficult emotions you’re currently experiencing aren’t going to make it any easier. However, insurance companies are going to be immediately conducting investigations and gathering evidence after someone dies due to negligence. They’ll be scheming ways on how they can avoid responsibility.
Hiring an experienced attorney as quickly as possible is an important step to ensuring that you’re holding the responsible parties accountable. A good attorney will do all the heavy lifting and begin an investigation, including speaking to witnesses, right away. We know that we can’t take away your pain or bring your loved one back, but we can hopefully bring some justice to your life.
Other Wrongful Death Questions?
We’re dedicated to answering your call and helping you obtain justice as soon as possible. If you have any questions about a wrongful death in Queen Creek, or want to discuss further, please give us a call at (480) 934-0676 for free and friendly advice. We’re available every day and there’s never any obligation.