Personal Injury: Wrongful Death
Have you lost a loved one in an accident? Were they fatally injured by a defective product or by medical malpractice? A wrongful death lawsuit is probably the last thing on your mind after the death of a loved one, but it could be the only way to get them justice.
Wrongful death claims were designed to help families who have had a loved one suddenly taken away due to an accident or illness. What makes these claims different from other deaths is that the victim died as a result of another personís actions. The laws regarding these claims are relatively new but there are now similar regulations in every state regarding wrongful deaths. Anyone who suffered damages because of a death could have the right to file a lawsuit. In most cases, these are members of the family. However, people who suffered could also include people who were financially dependent on the victim, such as partners or wards. Depending on the state, extended family members such as cousins, aunts, uncles, and grandchildren may also be entitled to compensation.
In any given situation, there may be a number of different people or organizations that are responsible for the death. For example, in a death due to a dangerous drug, the pharmaceutical company could be responsible either for a manufacturing flaw, a design error, or a failure to warn about possible life-threatening side effects. A doctor or hospital could also be responsible if they misdiagnosed the illness and therefore prescribed the wrong medication. The same is true in a traffic accident. A driver could have been under the influence of alcohol, talking on the phone, or speeding. In truck accidents, the trucking company could have been breaking safety regulations by failing to keep their equipment up to standard or by requiring the driver to spend more time on the road than is allowed by federal law. If the accident was caused by a drunk driver, the establishment that served them alcohol could be liable under dram shop laws.
Discovering who is liable is one step in the process of seeking compensation for a wrongful death. However, you will also have to prove what damages were caused because of their death. The first type of possible damages is economic. This could include medical expenses, funeral and burial costs, lost income, lost insurance benefits, lost inheritance, and more. Non-economic damage could include the pain and suffering that follows an untimely and violent death, the loss of care, loss of companionship, loss of consortium, and much more. Another type of damages you could claim is punitive damages. This is given as a punishment for the offender rather than directly related to what the survivors went through. If these damages can be proven, you could receive compensation in a settlement or a verdict. In order to be sure that you receive the fair amount of compensation, it is important to have a strong legal representative on your side.
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If you were injured or lost a loved one in an auto accident, by a dangerous product, by medical malpractice, or nursing home negligence, you should contact Palumbo Wolfe & Palumbo, a Professional Association of Lawyers. This personal injury law firm is dedicated to serving victims and their families in Phoenix and the entire State of Arizona. Named among the Best Lawyers in America, the Multi-Million Dollar Advocates Forum, and the Best Law Firms, you can be 100% confident that they have what it takes to help you. Each Phoenix personal injury attorney from their team has over 150 years of shared experience. Contact a Phoenix personal injury lawyer to learn more!
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.