What is Wrongful Death?
Wrongful death is defined as the death of a human being as the result of a wrongful act of another person or company.
Wrongful acts can include:
- Negligence, such as careless driving or mislabeled packaging in the case of a company
- Intentional attack, assault or battery on another person
- Causing a death in the act of another crime
- Murder or manslaughter
A wrongful death suit is a civil suit that can be brought against an individual even if they are already being pursued criminally in the same matter. Additionally, a wrongful death suit is one of the only ways that a company can be held responsible and liable for negligence or product defects that cause a death. This type of tort claim is an important incentive for companies to act with greater care with regard to potentially hazardous products and services.
It isn’t always clear who is at fault in cases where multiple companies are involved. Phoenix wrongful death attorney Lew Moore will advise whether you have a legitimate wrongful death case.
Phoenix Wrongful Death Lawyer
Losing a loved one is always difficult, even if it was expected. When the death of a family member is unexpected, such as in a car accident, accidental drug overdose, or just being at the wrong place at the wrong time, it can leave a family in shock and disbelief. Being unprepared for the death of anyone in your family brings about its own hardships and grief, especially if it was a major provider in the family or, worse, a child.
A person or company that has acted wrongly and, directly or indirectly, caused the death of another person deserves the consequence of a wrongful death claim to discourage them from this behavior in the future. You have a right to bring a lawsuit against the guilty party. We encourage you to pursue this right which may indirectly prevent another family from the same heartbreaking loss you have suffered.
Some arguments against wrongful death lawsuits and subsequent financial compensation try to make the surviving family feel discouraged or wrong, saying that a lawsuit won’t bring your loved one back. It is true that a lawsuit won’t bring your family member back, but you have a right to show the person or company that what they did was wrong and to fight on your loved one’s behalf.
Who Can Bring a Wrongful Death Claim in Arizona?
According to the Arizona Revised Statutes, an action for wrongful death can be brought by the following surviving relatives:
- Husband or wife
- Parent or Guardian
- A personal representative acting on behalf of the surviving husband or wife, children, parent or guardian or on behalf of the decedent’s estate if none of these relatives have survived
What Kind of Damages May be Awarded in a Wrongful Death Lawsuit?
According to the Arizona Revised Jury Instructions, a victim in a wrongful death case is entitled to recovery for the following damages:
- The loss of love, affection, companionship, care, protection, and guidance since the death and in the future.
- The pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced and reasonably probable to be experienced in the future.
- The income and services that have already been lost as a result of the death, and that are reasonably probable to be lost in the future.
- The reasonable expenses of the funeral and burial.
- The reasonable expenses of necessary medical care and services for the injury that resulted in the death.
Creditors of the deceased have no right to any award received in a wrongful death lawsuit except if the suit is brought on behalf of the decedent’s estate.
Many of the above damages are difficult to measure in monetary terms. Wrongful death attorney Lew Moore will analyze and seek appropriate compensation for your damages. Your damages should be enough to help ease your suffering, knowing that monetary damages are the only damages available for the wrongful death of a loved one.
Who Can We Help?
Attorney Lew Moore has over 25 years of experience in personal injury law, which includes handling many wrongful death cases. Mr. Moore is based out of Phoenix, Arizona. No matter where you live in Arizona, Moore Injury Law can evaluate your case and represent you in a wrongful death case.
How Much Does a Wrongful Death Attorney Cost?
At Moore Injury Law, we work on a contingency fee basis, which means we don’t get paid unless and when you do.
We always provide a free consultation and evaluation of any wrongful death case.