Phoenix Wrongful Death Attorneys Serving Clients Throughout Arizona
Losing a loved one is not easy. This experience may be made even more difficult when another person or party was responsible for your loved one’s passing. If you lost a loved one due to the negligence or reckless behavior of another person or entity, speak with an experienced wrongful death attorney at our firm.
The Phoenix wrongful death attorneys at Miller Kory Rowe LLP understand that holding a third party accountable is about more than just dollars and cents, it’s about justice and preventing another tragedy. Our team is here to take your call. Schedule a free consultation today.
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You have probably heard the term “wrongful death” before when it comes to legal claims, but you may not understand exactly what that means. In general terms, wrongful death refers to a death caused in some way by another party. The “wrongful” part of the definition is that the death was caused in whole or part by the negligent, reckless or intentional act of someone else.
A wrongful death claim can only be filed by specific survivors of a person who died as a result of a third party: any surviving parents, children or spouse of the deceased. A wrongful death claim is different from a claim brought by the estate of someone who has died, so if in doubt as to whether you can bring a claim for the loss of a loved one, consult with an attorney.
People who file wrongful death claims believe that a third party is responsible for the death of a person, whether that death came about accidentally or through an intentional act. A wrongful death can occur because of a car wreck, medical malpractice, nursing home abuse or any other wrongful act, so it is important to have lawyers who can handle any type of claim that causes death.
Do you have a wrongful death claim? If you are uncertain as to whether or not you have a wrongful death case, contact our law firm. You can also learn more about wrongful death cases from this related article.
Common Types of Wrongful Death Claims
There are a number of different types of wrongful death claims, but the most common include:
Workplace Accidents. Wrongful death claims are often filed after a person dies or is killed while on the job due to the negligence of a contractor. A construction accident is an example of a workplace accident.
Defective Products. Claims filed against the manufacturer of a product that did not operate properly, causing someone’s death.
Medical Malpractice. Errors such as leaving instruments inside a patient that caused that patient to bleed internally and later die of those injuries.
Wrongful Death Loss and Compensation
Wrongful death suits are civil actions, which means that victories in these cases do not involve incarceration, but are always monetary. There are several types of compensation that claimants seek in these cases, including:
The pain and suffering caused by the loss of a loved one.
Loss of companionship
Main Factors of a Wrongful Death Claim
Wrongful death claims can be complex and challenging because there are three main factors that are involved in proving that a defendant is responsible for the death of another person:
Negligence. Negligence is the failure to use reasonable care. It involves the breach of a duty. For example, breach of duty essentially means that the defendant had a duty to the person who died, and failed to maintain that duty. For example, a truck driver has an obligation to drive safely in a properly-maintained truck to avoid injuring or killing other drivers on the roadway.
Causation. Causation involves proving the connection between the defendant’s acts or omissions and the person’s death.
Damages. Wrongful death claimants must prove what damages occurred as a result of the death.
How Our Experienced Phoenix Wrongful Death Attorneys Can Help
Winning a wrongful death claim is a difficult and challenging task. It is a task that requires the expertise of an experienced personal injury law firm, such as Miller Kory Rowe LLP. The Phoenix wrongful death attorneys with our firm have the resources and the track record to stand up for your rights. We know how to navigate the complicated legal process for wrongful death claims. More importantly, we understand that holding a third party accountable is about more than just dollars and cents, it’s about justice and preventing another tragedy.
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