Wrongful Death Lawyer Phoenix AZ
Wrongful Death Lawyer Phoenix, AZ Trusts Discusses Possible Compensation
As a wrongful death lawyer in Phoenix, AZ at Rispoli Law, PLLC understands, the death of a loved one is never an easy thing to experience. But the death of a loved one as the result of someone else’s negligence can be particularly difficult to bear. Filing a wrongful death claim with assistance from our team may allow you to pursue civil legal action against the person whose negligence caused your loved one’s death.
Proving Defendant Responsibility
In order to hold a defendant legally responsible for wrongful death, the plaintiffs, who are usually representatives of the decedent’s estate or a member of their family, must generally prove that the defendant owed the victim a duty of care, that the defendant breached that duty of care, that the defendant’s negligence and breach of duty was the direct and proximate cause of the deceased’s death, and that the death has caused financial damages that the plaintiff wishes to recover.
An experienced wrongful death lawyer in Phoenix can help you to file a wrongful death claim. If your loved one recently died because of someone else’s negligence, you do not have to navigate the legal aftermath of this accident alone.
Common Wrongful Death Claims
Wrongful death claims often fall under two categories: Wrongful acts and negligent acts. A wrongful act is an act that involves a violent crime and can be filed regardless of whether or not the person who committed the act is convicted of criminal charges. Negligent acts involve a failure to exercise a reasonable level of care towards someone owed such a duty. These claims are understandably complex, but our team can help to bring clarity to your family’s unique situation.
Common Wrongful Death Claims Include:
- Nursing home abuse and neglect cases
- Product liability cases
- Slip and fall injuries
- Premises liability accidents
- Car, truck and motorcycle accidents
- Boating and recreational accidents
- Drowning accidents.
- Medical malpractice
- Accidental medication errors, overdoses and poisonings
- On-the-job accidents or illnesses
A key component of any wrongful death lawsuit is proving that the other party’s negligence (and the resulting death) caused a financial and emotional burden for the loved ones of the deceased. These are called damages. A knowledgeable AZ wrongful death lawyer in Phoenix can help you itemize the damages that you deserve to be compensated for and then fight for you at the negotiation table
Death From Medical Malpractice
When you seek help from an attorney at Rispoli Law, PLLC for a potential medical malpractice claim, you can rest assured that you are in good hands. Most doctors, nurses, and other medical professionals do their best to give patients a high standard of care. However, despite the best intentions, mistakes and deaths can devastatingly result. If the person is not treated correctly and for the right illness, then the medical professional may be held responsible for injuries.
Here we have listed the top four medical malpractice cases that we have seen come through our office:
Undergoing anesthesia does come along with risks, in which a patient will be notified prior to their surgery. But, there may be instances where the doctor overlooks a crucial detail on a patient’s medical history chart or gives too much gas for anesthesia, which leads to a fatality. As a Phoenix, AZ wrongful death lawyer may tell you, such errors may not only happen in the surgery room either. Malpractice related to anesthesia can occur in the recovery room, during a sedation procedure, or other operation.
Mother and infant can become victims of a medical malpractice event. An OBGYN could have been negligent when it came to caring for the mother and infant during labor, delivery, or after birth. If staff do not attend properly to the mother during labor, it can lead to problems such as postpartum hemorrhage, spinal cord injury, fetal distress, or death. If your OBGYN had failed to respond properly to you and/or your baby, please contact an attorney at our law firm immediately for help.
Prescription Drug Errors
There are many ways that a patient may have suffered from medical malpractice pertaining to a prescription drug error. Firstly, the doctor could have prescribed a medication that negatively interacts with another that the patient is currently on without realizing it. Or, the doctor could have prescribed the wrong drug type or dosage. Then, the pharmacy may have committed an error if they filled the prescription with the incorrect medication and/or dosage. If you aren’t sure whether the pharmacy or your doctor made the mistake, our team can investigate further into what happened.
Failure to Diagnose and Misdiagnosis
Misdiagnosis happens far more often than people realize. A patient’s symptoms may be mysterious in which the doctor is unable to figure out what’s going on. Or, the doctor misdiagnoses the patient because some illnesses share symptoms with other illnesses. Without a prompt and correct diagnosis, the patient may have had a worsened condition and passed away. It is also possible that with an incorrect diagnosis, the patient began a treatment plan that harmed his or her health.
Common damages include:
- Funeral and burial costs
- The decedent’s pre-death pain and suffering
- Any medical costs associated with the decedent’s injuries before death
- Loss of the decedent’s expected income
- Loss of inheritance
- Loss of care and nurturing that the decedent would have provided if they survived
- Loss of love and companionship
- Loss of consortium
If you have experienced the death of a loved one because of someone else’s negligence, please consider scheduling a consultation with Rispoli Law, PLLC. We would be happy to answer any questions you may have about filing a wrongful death claim. Once we understand the details of your situation, we will be able to advise you of any legal options that may be available to you and your family and provide support and guidance moving forward.
How can a Phoenix, Arizona wrongful death lawyer help?
The passing of a loved one can only be worse when you know they died a wrongful death. Many people can accept the death of their loved ones when they know that they were ill or had time to grieve before their passing. However, when a loved one dies unexpectedly at the hands of another person who was acting negligently, you need help from a wrongful death lawyer Phoenix residents trust. We are a firm of attorneys you can rely on when you feel that you and your loved one were betrayed. Someone else’s negligence should never result in the death of another, and we believe that you should receive compensation. While this may not help with your grieving, it can help to cover medical bills they incurred before passing or funeral expenses. Please set up your appointment with us now.
How do I know if it was wrongful death?
It is not always easy to prove that someone caused wrongful death to occur. However, a simple rule to follow is this: if someone acted in a way that was negligent and caused your loved one to become injured, thus creating a situation where they would have filed a personal injury lawsuit for their injuries, then you can likely file a wrongful death lawsuit. If someone else’s negligence caused your loved one to die immediately or to die after sustaining a personal injury, then we have the building blocks of a wrongful death lawsuit.
I’m not sure if I’m the right person to bring forward a lawsuit. Who can?
This is a common question we get, and while it does vary between states, there are usually certain people you can expect to bring a lawsuit forward.
- Parents (if the decedent has no children)
- Siblings (if the decedent has no parents or children)
In many cases, if a child dies a wrongful death, a court will allow the parents of that child to bring a lawsuit forward. It is important for anyone who is considering filing a wrongful death lawsuit to speak with one of our attorneys to see if you are the right person to be doing so.
My loved one did not die at first. Can I still file a lawsuit?
Yes. This is not uncommon and is called a “survival action.” An estate in survival action can recover economic losses and even punitive damages.
What are the statutes of limitation?
When you intend to bring a lawsuit like this forward, it is always important to determine what the statutes of limitation are. In many states, it is two years upon the date of the person’s death. You will want to notify your attorney as soon as possible so there is no delay in filing a lawsuit.
Medical malpractice is serious and must be responded to quickly. If you want to know more about whether you have grounds for a medical malpractice case, notify a wrongful death lawyer Phoenix, AZ trusts at Rispoli Law, PLLC immediately.
"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