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

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.