How to Prove a Wrongful Death Case?

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How to Prove a Wrongful Death Case?

Wrongful Death Lawyer Phoenix AZ

Wrongful Death Lawyer Phoenix AZwrongful death lawyer Phoenix AZ

According to the laws of Arizona, when a person has been killed due to the negligence or recklessness of another party or parties, the victim’s family may pursue a wrongful death lawsuit against those responsible for their loved one’s death.

At Rispoli Law, PLLC, we have built a solid reputation for successfully advocating for victims’ families and obtaining financial justice for the actions of the at-fault party which resulted in the victim’s death. Our Phoenix AZ wrongful death lawyers know how devastating these cases can be and handle each one with compassion and diligence, fighting for our clients to get them the damages they deserve. Contact our office to find out how we may be able to help.

One of the most common types of fatal accidents that result in wrongful death lawsuits is vehicle accidents. Proving that the at-fault driver was responsible for the victim’s death is not always easy and takes the legal expertise and experience of a skilled wrongful death lawyer. There are certain factors that must be met in order to prove wrongful death. Failure to do so could result in the lawsuit being dismissed. This is why it is so important for survivors of fatal accident victims to retain the services of a wrongful death lawyer to represent them.

There are several types of fatal vehicle accidents that could result in criminal charges against the at-fault party. Some of these include accidents where the driver was under the influence of alcohol and/or drugs when they caused the accident, driving recklessly, or otherwise committing a serious traffic infraction. In these cases, even though there may be criminal charges filed, the victim’s family should still file a wrongful death lawsuit in civil court. These are two completely different procedures and the outcome of one trial will not impact the other.

Even if the criminal charges are eventually dropped or the person is found not guilty, the family should still file a civil case since the burden of proof is different in each procedure. It is important to also note that families should never wait until the criminal charges have been resolved because the statute of limitations to file a wrongful death suit may expire during that time. You should consult with a wrongful death lawyer as soon as possible.

There are also cases where there are no criminal charges filed at all. For example, if the other driver just was not fiddling with their radio and crashed. In this scenario, although the driver would be found at fault for the accident because they were distracted, they did not break any laws. Survivors of the victim are still entitled to file a wrongful death claim in this type of situation.

Contact Our Office

If your family member was killed in a vehicle accident or any other type of incident that happened because of the negligent actions of another person, contact Rispoli Law, PLLC today to set up a free case evaluation and find out how our legal team can help get you the damages your family may be entitled to. In many cases, the only court of law the at-fault party is required to answer to is civil court. A wrongful death lawyer Phoenix AZ clients recommend from our firm can help ensure your family gets the justice you deserve.

There are multiple avenues for a medical provider to commit malpractice. Medical malpractice issues may include:

  • Surgical errors
  • Erroneous placement of surgical hardware or placement of inappropriate hardware
  • Failure to diagnose, misdiagnosis or delayed diagnosis of condition
  • Medication errors
  • Anesthesia errors
  • Birth injury, including negligent prenatal care
  • Hospital-related malpractice (emergency room errors, hospital-acquired infections, premature discharge from facility)
  • Radiology errors (failure to properly review x-ray, MRI, CT or PET imaging)
  • Nursing home abuse and neglect
  • Wrongful death caused by one or more of these issues listed above

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