Wrongful Death Attorney in Phoenix, AZ
There is never a situation where wrongful death is acceptable. This is particularly true for spouses, parents and children who experience a huge loss in wrongful death, when their loved one is taken from them forever. Hirsch & Lyon Accident Law strongly believe that survivors of wrongful death victims are also victims, themselves. They lose years of time they should have had with their loved one. This time should have been part of an ongoing, natural, meaningful and long-term loving relationship.
Children who lose a parent to wrongful death suffer the loss of someone important for helping them become well-rounded, functioning adults. These children need their parents for nurturing, guidance and support. Without their parent, the rest of their lives include a space that is hard to fill, not to mention the financial damages they suffer.
Parents in these cases are forced to deal with the overwhelming trauma of outliving their child. They may also face financial expenses, such as medical costs and other damages associated with the wrongful death. Of course, spouses experience many of the same tragic problems after wrongful death of a husband or wife. There is a heavy psychological toll to these losses, in addition to the financial ones.
What is a wrongful death case?
No matter how it happens, a wrongful death is a tragedy. This is a death that occurs before it should, due to circumstances caused by another party. Wrongful death results from negligence, possibly due to:
- Birth injury
- Brain injury or brain damage
- Auto accidents due to defective parts
- DUI or drunk driving accidents
- Elder abuse
- Medical malpractice
- Motor vehicle accidents
- Nursing home injury
- Premises liability
- Product liability
Cantor Injury Lawyers heavily emphasize their practice on cases involving wrongful death. Our highly skilled lawyers work hard to help those left behind after wrongful death gain the financial settlement they should. This helps many victims move on in their lives, knowing that the party responsible for their loved one’s death has been held financially accountable.
Who files a wrongful death lawsuit?
Anyone who is a “first order relative” can sue the negligent party responsible for a loved one’s wrongful death. First order relatives are parents, children and spouses. Children are those born to the deceased person or adopted ones.
If you have lost a loved one you have been emotionally and/or financially dependent on, and that loved one was killed due to the negligence of someone else, you may be able to secure financial compensation for your damages from the Cantor Team in a wrongful death settlement.
What is a wrongful death lawsuit?
A wrongful death lawsuit is a civil claim filed against someone who is alleged to have caused someone else’s death. The responsible party in the wrongful death may be an individual or business. They may have caused the death through underlying actions, such as:
- Careless or negligent conduct, such as a motor vehicle accident or through medical malpractice
- Design or manufacturing of a product with defects in how it is designed or made
- A grossly negligent act or an act of recklessness, such as a motor vehicle accident due to the driver being under the influence of drugs or alcohol
- An intentional act like a physical assault
Damages You May Be Entitled to Under a Wrongful Death Case
When you file a wrongful death lawsuit, you are entitled to multiple types of damages. When you lose a loved one due to another party’s negligence, you may be entitled to your loved one’s employment losses, such as money your loved one would have earned in his or her life, had they survived. You may also be entitled to damages like pain and suffering, as that applies to your case.
Losing a loved one is a very difficult, traumatic experience. Hirsch & Lyon Accident Law believe that the compensation you recover under a wrongful death claim is designed to help you pick up the pieces of your life and go forward. These damages will never bring your loved one back. But they can help you maintain your life quality and start rebuilding.
Your wrongful death claim may also enable you to receive punitive damages. These damages compensate you when your loved one died within circumstances that were particularly egregious or negligent. Punitive damages deliver punishment to the negligent party through financial accountability. These damages are meant to make them understand the true extent of their actions and how they affected others. They are also meant to make the negligent person be more responsible in his or her future. Finally, punitive damages serve as a reminder to others that there are stiff penalties in civil courts for people who act negligently.
What is the difference between murder and wrongful death?
There are several clear differences between murder and wrongful death. A murder case results in criminal court charges filed by the state. When this case is prosecuted, the defendant may be found guilty or innocent. If they are found guilty, they are punished through incarceration and other penalties, such as fines.
A wrongful death case is filed in civil court by individuals, such as a parent, spouse or child of the lost loved one. This case is against the person or entity allegedly responsible for the loved one’s death. If the case results in the negligent party being found liable for the death, the defendant must pay financial damages to the surviving family members or their estate.
These cases also differ in their burden of proof. A criminal case involves the burden of proof of “guilty beyond a reasonable doubt.” The defendant is also presumed innocent until he or she is proven guilty. In a civil wrongful death case, the burden of proof is “by preponderance of the evidence.” This means it is more likely than not that the wrongful death was caused by the defendant.
What if there is a criminal trial? Can I still sue for wrongful death?
Wrongful death lawsuits may follow a criminal trial or the civil lawsuit may be brought on its own. The two types of cases use similar evidence. Sometimes a civil wrongful death lawsuit can help surviving family members have a sense of justice when a criminal trial fails to deliver a guilty verdict. Or the wrongful death lawsuit may provide this justice through financial damages on its own, when there are no criminal charges.
The Cantor Team has found that a good example of a successful wrongful death lawsuit exists in the case of OJ Simpson, the former football player and Hollywood actor. The criminal courts failed to find him guilty beyond a reasonable doubt. But a civil trial resulted in a verdict of liability, for which he is financially responsible for the wrongful deaths of the two victims.
When Wrongful Death Happens You Need a Skilled Attorney
When wrongful death happens, it can be from a wide variety of circumstances or negligent actions. Despite how it occurs, this type of death leads to major emotional and financial loss for surviving loved ones left behind.
If your loved one was killed due to the negligent or harmful actions of another party, you may be entitled to wrongful death damages. These damages can help you get your life back on track. Contact Cantor Injury Lawyers experienced wrongful death attorneys now for a free, no-obligation case consultation. You can gain your free consultation by calling 602.254.2701 or by using the online form. By meeting with our attorneys you can learn more about how we can help you recover the financial damages of your loved one’s wrongful death. A wrongful death case can help you gain some financial relief and achieve some justice for your loved one’s death.