Overview of Wrongful Death Cases
OVERVIEW OF WRONGFUL DEATH CASES
A wrongful death attorney Phoenix, AZ trusts understands the unexpected death of a loved one due to an accident, misconduct, or negligence of another person can leave surviving family members feeling heartbroken and angry. If you are part of the remaining family unit or a primary beneficiary, you may be able to file a wrongful death lawsuit against the party at-fault for your loved one’s death. A wrongful death attorney in Phoenix, AZ from Rispoli Law, PLLC can be the guiding force you need to help you get through this emotionally turbulent time. Compensation won’t bring your loved one back but it can pay for the residual medical bills and the income you can no longer count on. Call us today to speak with a wrongful death attorney who can review your case at no charge.
How Wrongful Death Happens
There are an unlimited number of scenarios in which a fatality may happen. Regardless of how it occured, a wrongful death attorney in Phoenix, AZ from Rispoli Law, PLLC may be able to help your family. Some of the most common scenarios involving wrongful death include the following:
- Motorcycle, car, commercial truck or airplane accidents
- Medical malpractice or misdiagnosis
- Birth injuries
- Malfunctioning work machinery
- Defective products
- Work environment hazards or chemical exposure
- Nursing home abuse and/or neglect
The Four Elements of Wrongful Death
By law, four elements of a wrongful death case lawsuit must be present in order for the case to withstand in court. A wrongful death attorney in Phoenix, AZ from Rispoli Law, PLLC will need to determine if the following four elements are present and can be included in the lawsuit or claim:
Negligence: the victim’s death was at least partially due to the negligence or carelessness of the defending party.
Breach of duty: the defendant owed a duty to the deceased and they failed because of their reckless behavior.
Causation: once breach of duty is proven, the plaintiff must show the correlation between the party’s reckless behavior and the passing of their family member.
Damages: the passing of the relative resulted in a quantifiable amount of financial damages. Examples of these damages can include emergency visits, treatment expenses, costs for a funeral and burial ceremony, loss of income, loss of probable earnings, loss of companionship, loss of protection, in addition to any pain and suffering the deceased person experience before passing. These damages will be assigned a financial value by your wrongful death attorney in Phoenix, AZ.
When Wrongful Death Hits Home
Receiving news that your loved one passed away can be a terribly painful thing to process. To make things even worse, it can be devastating to find out your family member died due to wrongful death. When a person dies as a result of another’s negligence or intent, the surviving family may want to pursue legal action as quickly as possible. A wrongful death attorney Phoenix, AZ relies on at Rispoli Law, PLLC can help you seek justice for your fallen loved one. We can imagine the pure anguish and anger you are going through during this time. Let us help you see that your family member’s death is not in vain.
Filing a Wrongful Death Lawsuit
A wrongful death attorney in Phoenix, AZat Rispoli Law, PLLC can consult with you about the incident which led to your loved one’s passing, so we can provide advice on how to proceed. We understand that it may be quite painful to talk openly about how your relative passed away. Once we know the details of what happened, we can help you file a lawsuit against the responsible party. Due to the sensitive nature of such cases, we highly recommend hiring an attorney promptly, who has represented clients in wrongful death cases before.
Criminal vs Civil Lawsuits
All wrongful death cases are considered civil lawsuits. But, it is also possible that what happened to your loved one is handled in criminal court as well, if the person responsible is charged with an offense related to the incident. When the surviving family files a wrongful death lawsuit, the intention is for them to receive a monetary award in damages for suffering the loss of the loved one. A wrongful death attorney for Phoenix, AZ understands that, while money cannot bring the cherished person back, a financial award can help the family get back onto their feet, and feel as though what happened has more closure.
Wrongful Death Damages
The surviving family may wonder what types of damages they may be awarded compensation for in a wrongful death lawsuit. A wrongful death attorney serving Phoenix, AZ can tell you how much of a monetary award the family receives depends on a variety of factors. Here are examples of potential damages the family may receive restitution for:
- Medical bills accumulated prior to loved one’s death
- Costs for funeral and burial service
- Loss of inheritance
- Loss of consortium
- Pain and suffering the loved one experienced prior to passing
- Loss of loved one’s income as financial support to family
Recovering Damages in a Wrongful Death Case
At Rispoli Law, PLLC we understand how this unexpected and tragic loss is impacting your life, and we are here to help. Rispoli Law, PLLC is prepared to guide you through this overwhelming experience. We will guide you through each step of the claims process and fight for financial damages that will help to secure your family’s future.
Here is what you need to consider as you set out on a wrongful death lawsuit.
If you believe the death of your loved one was caused by the negligence of someone else, call Rispoli Law, PLLC today to get started on a free case evaluation.
It’s critical to understand the timeline for the legal process in a wrongful death lawsuit.
A wrongful death lawsuit is a civil claim brought by the survivors, or estate, of the decedent. The premise behind the case is twofold. First, the victim’s death was brought by the negligent or reckless behavior of another. And second, surviving family members have been directly impacted emotionally and financially.
Common grounds for a wrongful death claim may include:
- Car accident
- Medical malpractice
- Criminal act
- Work-related accident or exposure to hazardous substances
The surviving family members who are often eligible to bring forward a claim and recover damages include:
- Dependent Parent
- Minor living with decedent at time of death (not necessarily a biological or adopted child)
- Extended family members, such as siblings or grandparents
If the decedent had a will, the executor or personal representative may bring forth the lawsuit on behalf of the estate. Damages awarded are then distributed to a special trust or account before distribution to all relevant family members.
It may be possible to collect several types of damages in your wrongful death lawsuit.
- Medical bills and burial expenses
- Lost wages, benefits and future earnings the decedent would have contributed to the family
- Lost companionship of the deceased person
- Mental and emotional pain and suffering
- Punitive damages (These may be possible where there is intentional, reckless or malicious conduct resulting in death. This monetary award is intended as financial punishment for the defendant.)
How Wrongful Death Happens
A person may pass away wrongfully for to several reasons. Perhaps their death was due to a work-related incident, car accident, or medical malpractice. It is important for the surviving family to do what they can to find evidence regarding their loved one’s passing, particularly if it was due to an unsafe workplace environment or a doctor’s breach of duty. Medical care facilities and other companies may do whatever they can to protect themselves in a lawsuit, so it helps to have an Phoenix, AZ wrongful death attorney working for your behalf along the way.
The Role of a Wrongful Death Attorney in Phoenix, AZ from Rispoli Law, PLLC
A wrongful death attorney should be experienced with this type of legally complex and emotionally delicate case. A dedicated wrongful death attorney in Phoenix, AZ from Rispoli Law, PLLC can help your family. We cannot imagine the anguish you are going through, and will do what we can to help you seek justice and financial compensation.
What You Should Know About Car Accidents And Wrongful Death According to a Phoenix, AZ Wrongful Death Attorney
In an instant, everything can change while you are driving on the road. Cars are not always predictable, drivers may be on the road and fatigued, and vehicles are likely moving at very high speeds. While mild car accidents occur every day, tens of thousands of people still die every year from injuries sustained by car accidents. If you recently lost a loved one to a car accident, you are likely dealing with feelings of confusion, anguish, and even depression. If you believe your loved one died a wrongful death from a car accident, you can still fight for compensation. Reach out to a wrongful death attorney Phoenix, AZ relies on at Rispoli Law PLLC today.
What Are The Common Causes Of Car Wrongful Deaths?
While there are many things that a court might label “wrongful death”, car accidents are extremely common because of how dangerous it can be to drive. Many of the common causes of fatal car accidents are:
- Driving Distracted. There are any number of things that can distract a driver, especially as technology becomes more and more advanced. A driver can be distracted if they are fidgeting with display screens on their car, texting and driving, eating or drinking, changing the radio station, or picking up an item that fell to the floor. Taking their eyes off the road for a few seconds can cause a fatal accident and a wrongful death attorney Phoenix, AZ can help you hold that person responsible for the death of your loved one.
- Driver Fatigue. In many cases, a driver may cause an accident because they are not running on enough sleep. Without the proper amount of sleep, a driver will have a slower reaction time and impaired judgment, much like someone who is driving buzzed or drunk.
- Driving Drunk. Many times, drunk drivers cause lethal car accidents. Even a buzzed driver is extremely dangerous on the road, and they suffer from impaired judgment, reaction time, and coordination.
Determining Who Is At Fault
When your Phoenix, AZ wrongful death attorney presents a case of wrongful death to a court, they will need to prove that the defendant is negligent. This means that while they were driving, they did not provide a reasonable amount of care to the task at hand, and their failure to do so caused the deceased’s injuries and eventual death. To prove this, the wrongful death attorney in Phoenix, AZ must show:
- The defendant owed the deceased some duty of care.
- The defendant then violated this duty of care, and
- The defendant’s violation of this duty directly caused the victim to die.
How can you prove fault?
- Witnesses. One way to show who is at fault is to provide witness testimony. If someone saw the crash happen, they are an invaluable resource.
- Police Records. If the police were at the scene of the accident and compiled a police report of the crash, they will likely have incredibly helpful notes and information regarding who is likely liable for the accident.
- Medical Records. If your loved one went to the hospital after the accident, their medical records will have detailed information on the nature of their death and how the doctor believes the death happened.
If you have any further questions on proving liability in your loved one’s wrongful death claim in Arizona, don’t hesitate any longer in reaching out to a wrongful death attorney Phoenix, AZ trusts at Rispoli Law, PLLC.
We understand that your motivation for filing a lawsuit against the offending party may not be about money. Many clients feel they cannot rest until the guilty party is held responsible for their actions and the pain they inflicted on a family. We can help you during this grieving process. Contact a wrongful death attorney Phoenix, AZ families turn to from Rispoli Law, PLLC and request a free consultation.
We can help you with your claim and work together to establish the best course of action for your case. Call our office now.
"Attorney Rispoli and I have worked on legal cases together and I chose to work with him because of his vast experience and knowledge as a litigator, but also his rapport with my client. He truly stands out as a trial attorney and one who I would not hesitate for a moment to work with again to represent injured clients. "
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