The loss of a loved one due to the negligence or recklessness of another person or business is unacceptable. Even when accidents occur, it is critical that you learn if wrongful death occurred. While there is nothing to help improve the loss of life, it is possible to seek financial compensation for the losses incurred so that at least that weight is off your shoulders. However, to do so, you must learn how to prove wrongful death in Arizona. Call a Phoenix wrongful death lawyer at the Law Offices of William D. Black today.
What Is Wrongful Death in Arizona?
Wrongful death is a legal claim demanding financial compensation for the loss of life of another person, typically made by a surviving family member or beneficiaries of the estate. It is an act taken on behalf of the person who lost their life and can often be filed by the victim’s spouse, children, parents, legal guardians, or others based on their relationship and dependence on the lost person.
Not all wrongful death claims lead to criminal charges. Instead, to receive compensation for such losses, it is critical to seek out a wrongful death lawsuit against the at-fault party.
How to Prove Wrongful Death in Arizona
To prove that someone else was negligent and that their actions qualify for wrongful death, you must establish the following elements:
- The at-fault party was obligated to uphold a duty of care for that person. That means they had some level of responsibility and expectation of keeping the other party safe.
- They breached that duty of care. In some way, something they did or did not do led to a breach of that care.
- They demonstrated negligence in their actions, and that negligence is what directly led to the person’s death.
- Their actions contributed to direct consequences, meaning that the actions of the other person were the direct cause of the loss suffered.
Wrongful death claims can occur for many reasons. Here are some examples:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Medical malpractice claims
- Exposure to a toxic or dangerous environment
- Negligent security
- Workplace accidents
There Are Restrictions on Filing and Proving Negligence and Wrongful Death in Arizona
Arizona, unlike other states, does not have a cap on wrongful death claims. That means there is no limit to how much you can seek out in the event of a wrongful death. However, there are other requirements that must occur. That is, to seek out a wrongful death claim, you must prove negligence occurred. That includes establishing the duty, breach of duty, causation, and damages that were specifically attributed to the at-fault party.
The complications of proving wrongful death are numerous, and that means it is critical for victims to work with a wrongful death attorney in Arizona whenever possible to ensure that their claim and case are taken seriously. Without the help of an attorney, insurance companies may be given too much leeway in not providing fair compensation. With the help of an attorney, you can be sure there is less risk of not getting the necessary and deserved compensation.