The death of a family member or loved one can be a difficult thing to process, particularly if there is reason to believe the death was preventable. From a legal standpoint, if a death was caused by careless, negligent or intentional acts of another individual, there may be cause to pursue wrongful death damages.
The Arizona wrongful death law makes a simple comparison for those wondering if they should pursue a wrongful death claim following the loss of a family member or loved one. It states that wrongful death liability may be present if an individual had survived the incident and would have likely been awarded damages for what happened. As straightforward as that may sound, these cases can be complex, which is why working with a wrongful death law firm may be beneficial.
A wrongful death claim can come about by a number of circumstances, any of which involve neglect, carelessness or intentional harm. However, a few scenarios are more common than others.
Car, truck and motorcycle accidents are among the top three instances where wrongful death claims come into play. Negligence on the part of the driver is a common issue when someone involved in a crash is killed, be it another driver, a passenger or a pedestrian. Driver impairment, as well as distracted driving and drivers who simply disobey traffic laws, often factor into wrongful death claims in Arizona.
Dog attacks are also a common wrongful death circumstance, in part because the responsibility for protecting others from the unpredictable or predictable actions of a dog lies with its owner. If a dog that is known to be aggressive isn’t restrained properly, for example, that detail could be pivotal to a wrongful death claim.
Workplace accidents also commonly result in wrongful death claims as fatalities while working are often preventable or due to mistakes. Circumstances like falls, vehicle accidents, being pinned between two objects, exposure to chemicals or electrocutions could be the result of negligence at the workplace.
Regardless of the type of circumstance that leads to a wrongful death claim, it’s important to understand who can file a wrongful death claim and what type of compensation a claim may include. Generally speaking, wrongful death claims can be filed by the individual’s spouse, his or her children, his or her parents, or his or her personal representative. Any of those parties may file for their own losses or on behalf of the individual’s estate, and that might be surprising to some people. However, it makes more sense when you consider the type of damages that can be pursued.
The damages that are often included in wrongful death settlement include funeral and burial costs, costs associated with medical treatment, loss of income and benefits, loss of companionship and emotional suffering. Many of those categories include economic impacts that reach beyond a spouse or parent. Of course, damages can’t be collected unless negligence is proven.
Experienced wrongful death attorneys, like the team at Torgenson Law, work to determine and prove negligence based on four factors. Those factors include:
No one should navigate a wrongful death case alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests and the interests of your lost loved one are represented. If you have lost a loved one and suspect you may have a wrongful death claim, reach out to our team today to speak to an attorney for wrongful death .
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
