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
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.
Please call our firm to schedule your first free consultation with a compassionate and knowledgeable attorney at Rispoli Law, PLLC. Do not battle this alone, let a wrongful death attorney Phoenix, AZ trusts help you.
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.
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.
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