Scottsdale, AZ Wrongful Death Lawyer
As a family member of a deceased individual who died as a result of another person or entity’s negligent actions, you may ask a Scottsdale, AZ wrongful death lawyer from Yearin Law Office if you are allowed to bring a wrongful death lawsuit. There is an order to who can file, so it may benefit you to understand the process and the order.
The Deceased Was Married
If the deceased individual was married at the time of death, the spouse would typically be the person to file a wrongful death lawsuit. If the couple had children and the spouse was either incompetent or already dead, the children could file the lawsuit. If the children are minors at the time of death, they would have to wait until they turn 18 to bring the lawsuit.
The Deceased Was Unmarried
As a Scottsdale wrongful death lawyer may tell you, if the deceased individual was not married and had children, the children would be responsible for filing the lawsuit. If the children are minors or if the individual did not have children, the parents of the deceased can file the lawsuit.
Siblings or Grandparents Are the Closest Relatives
If the deceased was unmarried, did not have children and had no living parents, more distant relatives could file a wrongful death lawsuit. This includes brothers, sisters or grandparents. Sometimes the individual is living with a grandparent or sibling at the time of death because of an estranged immediate family situation, and a court would have to play a role in determining who would be legally able to file a lawsuit.
The Deceased Had a Domestic Partner
Each state varies on its stance pertaining to domestic partners and wrongful death. In some states, domestic and life partners have no rights to a wrongful death lawsuit, and in other states they do. Speak with your attorney if you are a domestic partner of someone who recently died so you can learn whether you can file a case or not.
Financial Dependants Exist
There are those other than immediate and distant family members who could rely on the deceased for financial assistance. If those individuals are going to suffer financially because of the victim’s death, they could file a wrongful death lawsuit.
Understanding Your Rights
To further understand your rights regarding your loved one’s death, and to figure out whether you are able to file a wrongful death lawsuit, it could benefit you to contact a lawyer. Give an AZ wrongful death lawyer a call today to see how he or she could help you receive the compensation you deserve.
Scottsdale, AZ Wrongful Death Lawyer
We can imagine that the loss of a loved is truly a tragic event. When that loss occurs too soon and possibly could have been prevented, it can be downright devastating. Wrongful death occurs when an individual dies as a result of another individual’s actions, or lack of action. Perhaps most commonly, this type of lawsuit happens in response to fatal car accidents. Such an untimely death can leave loved ones reeling from the pain of the loss. In seeking compensation, that loss is sometimes lessened. The following information explores the process of pursuing a wrongful death claim.
What is wrongful death in relation to automobile accidents?
When an individual dies due to injuries sustained from a car accident, there may be cause for a wrongful death lawsuit. It will be necessary to prove that the other driver was at-fault and that he or she acted negligently. In addition, it should be shown that negligence directly led to the death of the individual. Put simply, wrongful death in car accident cases means that the other driver was at-fault. For example, he or she ran a stop sign or red light, was speeding, or driving in a reckless manner.
What constitutes negligence in a wrongful death case?
The process of pursuing a wrongful death lawsuit is similar to proving a personal injury claim. One must be able to show that the individual was negligent. In order to prove negligence with help from an Arizona wrongful death lawyer at Wiseman Bray, PLLC, the following three elements must be proven:
- Duty of care: it must be shown that there was a duty of care owed to the deceased individual. In the case of a car accident, this can include general rules of the road and driver safety.
- Breach of duty of care: just as it sounds, it must be proven that the negligent driver breached the aforementioned duty of care.
- Link to injuries: lastly, the wrongful death claim must be able to show that the fatal injuries were a direct result of the breach of duty of care.
What is compensation in a wrongful death case?
Although the extent of possible compensation varies by circumstance and state laws, most wrongful death claims include compensation for emotional impact and financial loss. The emotional impact can refer to any suffering the injured individual experienced prior to death, as well as that of the loved ones after the death. The potential financial compensation may include medical expenses prior to the victim’s death, loss of income (present and future) and funeral and burial expenses.
Consult with a Scottsdale, AZ Wrongful Death Lawyer
There are many complicated features in wrongful death cases. Not only do different states have different legal guidelines, establishing negligence can be a time consuming and frustrating process. It is imperative that one seeks the guidance of an experienced and knowledgeable lawyer who understands the complexities of such cases.
Since the sudden death of a loved one is a tragic and often devastating event, it is important to seek direction from a trusted Scottsdale, Arizona wrongful death lawyer, like the team at the Yearin Law Office — so call today to set up your consultation.