If you know someone who died because of someone else’s actions, it may be possible for that person’s family to recover damages from the loss in a wrongful death claim. A wrongful death case happens when someone causes an accident killing someone. Close family members have the right to bring a lawsuit to recover financial damages from the responsible person.
What Kinds of Damages Can Be Recovered in a Wrongful a Death Claim?
The scenarios in which a wrong death happens are endless. Carelessness or negligence are usually to blame. The incident can be an automobile accident, a death resulting from abuse in a caregiver situation, uninspected equipment failure, animal attacks, and hundreds, perhaps thousands more. In Arizona, heartbroken family members must follow specific procedures when they bring these wrongful death cases. Any damages that are recovered belong to the estate of the deceased family member. An experienced, skilled Arizona personal injury attorney will be worth their weight in gold in guiding your family through the wrongful death claim.
When an accident happens and a death results, the grieving family can often make rash decisions. There are limitations on the time frame of filing a wrongful death case. Your attorney can advise you on these limitations. Also, depending on the circumstances, costs can be high from medical treatment prior to the death, property damages, funeral costs and, the personal cost to the family in emotional loss can also be extremely high. The family has options to be compensated for suffering.
These are possible damages a family may recover:
- Whatever future earnings the deceased person may have earned.
- Healthcare costs such a medical bills, physician’s costs, and transportation to and from hospitals that may have been incurred before the person died.
- Funeral expenses including burial costs.
- Compensation for the family’s pain and suffering.
- Loss of consortium or a spouse’s right to interact physically with their spouse, as well as loss of companionship, love, care and protection.
- The retirement benefits the spouse might have earned as well as pension and other benefits.
Your attorney can share which of these damages relate to your wrongful death case. An experienced attorney knows how to calculate these numbers based on your case. Knowing which numbers to present in a case can make all the difference in your success.
Wrongful Death Case Study
A neighbor with a homemade swimming pool slide fails to regularly maintain his or her equipment. A father is on the stairs of the waterslide and the equipment fails causing an accident. The Dad falls from 20 feet high and is hospitalized for more than two months with multiple head injuries as well as other injuries. After a lengthy hospital battle and multiple surgeries, the Dad dies.
The father leaves three children and a spouse. The surviving wife and children may bring a civil action against the owner of the slide for failure to regularly maintain the equipment. The law was created to assure family members receive any compensation that the deceased person might have recovered had he or she lived.
A tragic accident is jarring to any family. Family members have their own recovery period having to face life without their loved one. The family should secure the right personal injury attorney who will take the time to understand the case and the family situation. Because the height of emotional pain can influence decisions often leading to lasting results, a trusted personal injury advisor experienced in wrongful death claims can help guide the family.
Life changes quickly for a family suffering a wrongful death loss. It can be intimidating to contact an attorney’s office. Attorneys at Petersen Johnson have helped thousands of Arizonans recover from such a loss and regain their lives after a loved one’s sudden death. Call our office to schedule your appointment. Our firm will take the time to learn the facts and will help you carve out your wrongful death claim details. The peace of mind your family will eventually experience in being able to grieve rather than worry about the future financial picture in the wake of your loss is priceless. Call our office today.