What is Wrongful Death?

Wrongful death claims involve tort cases in which a defendant’s negligent behavior causes someone else’s death. As a result of wrongful death, surviving family members suffer financially and emotionally. Therefore, these wrongful death lawsuits take compensatory action in the aftermath of an accident and seek to secure compensation from negligent individuals. Oftentimes, these individuals cause the death of a loved indirectly due to negligence, medical malpractice, or criminal activity.

Wrongful Death Claims and Car Accidents

Furthermore, wrongful death claims can be based on whether the defendant’s conduct is criminal, justifiable, or unjustifiable. For example, if a drunk driver hits and kills a pedestrian and is later convicted of involuntary manslaughter, they may be subject to a wrongful death claim by the deceased’s family.

Individuals convicted of justifiable or excusable homicide (also known as homicide without criminal intent) can be subject to a wrongful death claim. An example of an excusable homicide would be a death that occurred after someone was defending others, such as a police officer who kills someone accidentally while they are on duty.

Generally, public prosecutors file criminal cases, but wrongful death claims and other civil tort cases must be filed by the family of the affected victim. By filing in this manner, these families are able to secure compensation for their benefit. Additionally, these families and their attorneys must prove the tort underlying wrongful death lawsuits.

In other words, the families must convince juries that the defendant is guilty of extreme negligence that caused a victim’s death. This is one of many differences between civil cases and criminal cases. A lower burden of proof means that defendants can be found not guilty of criminal charges but still found liable in civil court.

If you file a wrongful death claim, known that the defendant’s attorney will examine the relationship between the deceased and the defendant. Attorneys will uncover these details in a discovery process. Furthermore, a plaintiff’s attorney may also conduct investigations into the defendant’s past. Attorneys will also examine their current activities to boost the case. This investigation can force the defendant to surrender emails, documents, and other types of evidence pertinent to the case.

Types of Damages in Wrongful Death Cases

Lost wages, financial support, and funerary costs for the deceased victim comprise the damages available in wrongful death suits. Damages could also include lost emotional support from family members and the like due to the reckless behavior of another.

Wrongful Death Attorney in Arizona

If you’ve lost a loved one as a result of another person’s negligence, you may be suffering in the aftermath. But the wrongful death attorneys at ELG want to help you determine your best legal options. Our attorneys will help you file a claim to recover your fair compensation. When it comes to securing justice after the loss of a loved one, our attorneys have years of experience.

Contact our compassionate Phoenix attorneys to set up a consultation. Call our Phoenix lawyers at (623) 877-3600, and learn more about safeguarding your legal rights today. Our attorneys have spent decades advocating for victims and their families. We are ready to help you through your devastating loss.