Wrongful Death

What is a Wrongful Death Lawsuit?

Determining Wrongful Death Damages

Phoenix Wrongful Death Lawyer

The death of a loved one is devastating, no matter how it occurs. When a family member or loved one dies, it is a traumatic and painful experience. However, when a loved one’s death comes unexpectedly due to someone else’s negligence, the loss is amplified. The shock can be disabling, and it can be difficult to navigate day-to-day events, let alone the mounting debt and crippled emotional state that follows.

At Lebovitz Law Group, we can help you file a wrongful death lawsuit against the person(s) or business(es) responsible for this tragic event. Even when unintentional acts have led to a loved one’s passing, there may be people and businesses to hold financially responsible for negligence that caused such a tragic loss.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a claim filed by a family member (or authorized agent) against the person(s) or business(es) liable for a death. A wrongful death case is a civil claim, separate from a criminal case, where surviving family members can seek damages, in the form of compensation, for expenses and personal trauma resulting from the death. Civil cases follow a different set of laws and guidelines, and are brought about by the (one or more) surviving:

  • Husband or wife;
  • Child or children;
  • Parent(s);
  • Adoptive parent(s);
  • Legal Guardian;
  • Authorized legal representative of the deceased’s estate.

 

It’s Not (Always) Personal

If the negligence that led to your loved one’s loss of life is that of a person or business you or a family member know on a personal basis, you may be placed in a very difficult position. However, recovering for your financial and emotional losses does not always require damaging or ruining relationships.

Filing a lawsuit or claims against someone doesn’t always mean you’re going after them personally. In many cases, your wrongful death case can be directed to a third-party, such as the offender’s home or auto insurance. These situations often result in out-of-court settlements, avoiding additional conflict with your friend, neighbor, or other acquaintance.

Damages Available in a Wrongful Death Claim in Arizona

There are two major types of damages in a wrongful death lawsuit that Lebovitz Law Group can help you pursue to hold the offending party accountable, and to seek the maximum amount of compensation you may be entitled to.

1: Damages associated with the victim’s income:

⇒Loss of victim’s pension, insurance, and/or benefits;
⇒Lost earnings, inheritance, or other income;
⇒Medical, funeral, and other expenses connected with the death.

2: Damages for the pain and anguish inflicted on the survivors:

⇒Loss of parental guidance, presence, and nurturing care
⇒The overwhelming grief, pain, and loss suffered
⇒Lost spousal consortium, love, and companionship

In some cases, the wrongful death may be caused by extreme negligence in which case additional, punitive damages may also be recoverable.

Determining Wrongful Death Damages

When a tragedy occurs, it can be difficult to see beyond the present moment. Oftentimes surviving family members are caught off guard by the loss of income and mounting expenses after the initial shock has passed. Bereaved spouses and children dependent on the lost income must, in addition to everything else, find a new source of immediate financial support. In a wrongful death case, the court will look at past earnings, future earnings that would have been earned if the incident had not occurred, a record of financial dependency, and a list of expenses and costs associated with the incident and death.

In addition, damages such as pain and suffering, loss of consortium, and other damages that take into account the pain and loss suffered from a loved one’s death can be claimed. A Phoenix wrongful death attorney can help you decide what kind and how much of these damages you can claim in your case.

 

How Are Wrongful Death Damages Awarded?

Wrongful death cases are civil cases rather than criminal, meaning they require a lesser burden of proof for the plaintiff. Whereas the burden of proof in a criminal case is beyond a reasonable doubt, a wrongful death case must only be proved by a preponderance of the evidence. 

If there are multiple individuals involved in a wrongful death lawsuit, the court will group them together as a singular plaintiff entity.

Once the court reviews the evidence, it may decide to award compensation; compensation would then be distributed amongst the parties in an amount proportionate to their damages.

If you have lost a loved one due to the negligence or intentional act of another, you may be entitled to damages for that loss. Contact the Lebovitz Law Group to schedule a free consultation.

 

Call the Lebovitz Law Group at 602-975-5550

Get the Answers you deserve. The legal and insurance systems are confusing and intimidating. The Lebovitz Law Group has the experience and knowledge to guide you through them, and to help you get the maximum compensation you are entitled to.

Feel Empowered. Lebovitz Law Group has successfully helped people just like you get compensation for their personal injuries. We will give you the knowledge, counsel and advice to help you make wise decisions for your physical, mental, emotional, and financial well-being.

One on One Attention. You are important to us and we show it. Meet one-on-one for your initial consultation with our Managing Attorney, Brandon Lebovitz. Feel confident knowing that you will have Mr. Lebovitz’s personal attention every step of the way.

Save Time, Money and Stress. We know you have already lost time, most likely money, and have suffered stress because of your personal injury. Your time is important and valuable. Let Lebovitz Law Group take it from here; we will fight hard to quickly get results for your case, while you focus on your recovery.

About LLG

LLG prides itself on being trustworthy and dependable. At an incredibly difficult time for you, LLG will relieve the burden of navigating the legal process to recovery.

55 E. Lexington Ave,
Phoenix, Arizona 85012

Our No-Fee Pledge

At Lebovitz Law Group, we offer free, no-obligation consultations. If we accept your retention of our firm, we will finance your case costs. We only get paid when we obtain a favorable settlement or verdict in your case, and we stand by that promise.