Wrongful Death
Losing a loved one is an unimaginable tragedy, and when that loss is due to someone else’s negligence or wrongful act, it’s even more devastating.
In Phoenix, our experienced wrongful death attorneys at Breit Biniazan are here to guide you through the legal process, ensuring that you receive the justice and compensation your family deserves. Let’s explore what wrongful death is, examples of wrongful death cases, how to prove negligence in such cases, compensation options, and why choosing the right legal counsel is crucial.
Wrongful death occurs when a person dies as a result of someone else’s negligence, intentional actions, or wrongful acts. These cases can arise from various situations, including fatal accidents, medical malpractice, product liability, and premises liability.
One of the most common contexts in which wrongful death claims arise is fatal accidents. These include devastating scenarios like car collisions, workplace incidents, or slip-and-fall accidents. When such accidents occur as a direct result of someone else’s negligence or reckless behavior, they transform from unforeseeable tragedies into matters for the legal system to address.
Within the realm of wrongful death cases, medical malpractice stands as a particularly distressing category. When healthcare providers fail to meet the standard of care expected in their profession and their actions or inactions result in the loss of a patient’s life, it becomes grounds for a wrongful death claim. The suffering inflicted on families in these cases is immeasurable.
In cases involving defective products, wrongful death can occur when a manufacturer’s negligence or failure to meet safety standards leads to a fatal accident. Such instances often involve a profound sense of negligence, as consumers place their trust in products and regulatory bodies such as the Product Safety Comission (CPSC), only for them to cause injury, illness or fatality instead.
Property owners are entrusted with the responsibility of maintaining safe conditions on their premises. When someone loses their life due to dangerous conditions on another’s property, such as a hazardous environment leading to a slip and fall incident, it may give rise to a wrongful death lawsuit under premises liability laws.
To succeed in a wrongful death claim or lawsuit, it is imperative to demonstrate that the defendant owed a duty of care to the deceased person, breached that duty, and directly caused the victim’s death. This multifaceted process necessitates the careful gathering of evidence, soliciting witness testimonies, and often relying on expert opinions to substantiate the claim of negligence.
The foundation of any wrongful death claim begins with establishing that the defendant owed a duty of care to the deceased individual. In simpler terms, this means that the defendant had a legal obligation to act in a manner that would not cause harm to others. For example, drivers owe a duty of care to fellow motorists, healthcare professionals owe it to their patients, and property owners owe it to visitors.
This often revolves around demonstrating that the defendant breached this duty of care. This breach signifies that the defendant’s actions or inactions failed to meet the established standard of care. For instance, a driver who operates a vehicle while intoxicated breaches their duty of care to others on the road.
In a wrongful death case, it is not sufficient to merely prove that the defendant breached their duty of care. It is equally crucial to establish a direct causal link between the breach and the victim’s death. This means demonstrating that the defendant’s negligent actions were a proximate cause of the fatal accident or incident.
To build a compelling case of negligence in a wrongful death claim, a meticulous gathering of evidence is essential. This evidence may include accident reports, medical records, surveillance footage, expert analyses, and any other documentation that supports the claim of negligence. An experienced attorney, such as the Phoenix wrongful death lawyers at Breit Biniazan, can play a pivotal role in ensuring that all relevant evidence is uncovered and properly documented.
Eyewitness accounts can be invaluable in corroborating the events leading to a wrongful death. Surviving family members, bystanders, or individuals involved in the incident may provide testimonies that shed light on the defendant’s negligence and its consequences. Witness testimonies can significantly strengthen the case by providing a human perspective on the events.
In many wrongful death cases, expert opinions play a crucial role in establishing negligence. Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide insights and analyses that clarify the cause-and-effect relationship between the defendant’s actions and the victim’s death. Their expertise lends credibility to the claim and bolsters its validity in court.
Navigating the complexities of proving negligence in a wrongful death claim requires the expertise of an experienced attorney, especially when dealing with the intricacies of wrongful death claims in Phoenix. The Phoenix wrongful death attorneys at Breit Biniazan have a track record of successfully handling such cases. They understand the nuances of wrongful death law, the importance of securing financial compensation for surviving family members, and the significance of holding responsible parties accountable for their actions.
The aftermath of a wrongful death is often rife with emotional turmoil and financial burdens for surviving family members. Pursuing a wrongful death claim can help alleviate some of the economic hardships and provide a sense of justice. Surviving family members, such as a surviving spouse, may be entitled to various forms of compensation to address the tangible and intangible losses they have endured:
One of the primary components of compensation in a wrongful death case is coverage for medical expenses related to the deceased person’s injuries or illness. This encompasses the costs incurred in attempts to save the victim’s life or provide necessary medical care before their passing. Compensation in this regard helps alleviate the financial strain on the family.
The unexpected loss of a loved one brings with it the responsibility of arranging a funeral and burial. Wrongful death claims often include reimbursement for the substantial costs associated with these services. This compensation ensures that surviving family members are not burdened with these expenses during an already emotionally challenging time.
The untimely death of a family member often means the loss of their income and financial support. Compensation for lost earnings is intended to address this financial setback, providing for the income the deceased would have contributed to the family had they not been tragically taken away. It helps maintain financial stability for the surviving family members.
While financial losses can be quantified, the emotional toll of losing a loved one cannot be measured in monetary terms. Pain and suffering damages are designed to acknowledge the mental anguish and suffering endured by the surviving family members. These damages recognize the emotional scars that can persist long after the loss.
In cases characterized by extreme negligence or intentional harm, punitive damages may be awarded in addition to the aforementioned compensation. Punitive damages serve a dual purpose: to punish the responsible parties for their egregious actions and to serve as a deterrent against similar behavior in the future. While not always applicable, they are a means of holding wrongdoers accountable for their actions.
Seeking financial compensation through a wrongful death claim is not merely about financial recovery; it is about achieving a sense of justice and closure for surviving family members. It aims to alleviate the financial burdens that often accompany an untimely death while holding those responsible accountable for their actions.
In Phoenix, there is a statute of limitations for filing a wrongful death claim – Claims are usually filed within two years. It’s crucial to seek legal counsel as soon as possible, as this time limit varies depending on the circumstances of the case. Failing to file within the prescribed time frame can result in your claim being barred.
While both involve seeking compensation for harm caused by someone else’s negligence, a wrongful death lawsuit is filed when the victim has died as a result of the negligence, whereas a personal injury lawsuit is filed when the victim survives with injuries.
Yes, you can file a wrongful death claim even if the responsible party is facing criminal charges. Wrongful death cases are civil actions and are separate from criminal proceedings.
To choose the right attorney, look for experience in handling wrongful death cases, a track record of successful claims, and a compassionate approach. A free consultation with a prospective attorney can help you assess their suitability for your case.
Selecting the right legal representation for your wrongful death case is paramount. Breit Biniazan stands out for our experienced attorneys who have a proven track record of successfully handling wrongful death claims. We provide compassionate support to surviving family members while aggressively pursuing justice and compensation on your behalf. We offer free consultations to assess your case and guide you through your legal options during this challenging time.
Losing a loved one due to someone else’s negligence is a profound injustice. If you’re seeking justice and financial compensation for your loved one’s death, contact a Phoenix wrongful death attorney at Breit Biniazan. We are here to help you navigate the complexities of a Phoenix wrongful death lawsuit and ensure that responsible parties are held accountable for their actions.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
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