Wrongful Death Cases
Financial compensation can’t replace a loved one. But if you lose a treasured family member, you deserve to be reimbursed for the loss of income, support and companionship the person provided you and your family.
A wrongful death occurs when a person is killed due to the wrongful act, neglect or fault of another individual, company or entity. Depending upon the circumstances, the deceased’s immediate family members or estate are responsible for taking action to recover for the wrongful death.
Here’s what you need to know:
About the Elements of a Wrongful Death Claim
To bring a successful wrongful death claim or cause of action under Arizona law, the following elements must be present:
• The death of a human being
• The death was caused by another’s wrongful act or omission, negligence or fault
• The survival of family members who are suffering a loss of consortium or monetary injury as a result of the wrongful death, or the appointment of a personal representative for the deceased’s estate, depending upon the circumstances
About the Causes of Wrongful Death
A wrongful death claim may arise out of a number of circumstances, such as the following situations:
• Medical malpractice or nursing home abuse/neglect
• Over-medication or adverse reaction to medication
• Car, truck, boat or airplane accident/collision
• Construction accident
• Defective product or occupational exposure to hazardous conditions or toxic substances
• Electrical accident
• Overzealous prison, police or sheriff officer during arrest and restraint
• Failure to properly supervise a known suicide risk while in custody or care
• Failure of prison, police or sheriff to provide necessary medical care
• Dog/animal attack
Obviously, the loss of a human life is the most significant damage in an Arizona wrongful death action. However financial injury is also a measure of damages, which must be addressed. The Arizona Wrongful Death Act provides that fair and just damages may be awarded. For example, a family that has suffered such a loss due to the wrongful death of a loved one is entitled to reimbursement for the loss of income, love, affection, companionship, care, protection and guidance.
At Eric S. Shapiro, Attorney at Law, PLC, we understand that no amount of monetary damages is worth suffering such a loss. However, the Arizona legal system requires that we place a value on the irreplaceable so that the family members and loved ones can be compensated for enduring a wrongful death. We will act as a compassionate guide through the Arizona legal system for your family during this difficult time.
In a free consultation, we can assess your case and talk to you about what is involved in preparing an effective wrongful death claim. Call us at (602) 274-7400.