If you recently lost a close family member because of someone else’s negligent or wrongful act, filing a civil lawsuit may understandably be the last thing on your mind. In situations like this, though, it can be important to take action now in order to protect your family’s financial security and minimize the harm that you will all have to suffer due to another person’s misconduct.
Support from a qualified Gilbert wrongful death lawyer could do a lot to reduce additional stress and heartache during the civil litigation process, as well as to improve your chances of achieving a favorable case result. There are several rules and restrictions applicable to wrongful death claims that do not apply to other personal injury claims, and a compassionate personal injury attorney’s guidance can be vital to navigating around those possible roadblocks to recovery.
Establishing Grounds for a Wrongful Death Claim
According to Arizona Revised Statutes § 13-611, it is possible to file a wrongful death lawsuit whenever someone passes away as a direct result of another person’s “wrongful act, neglect, or default.” In this context, establishing “causation” of a wrongful death generally entails proving that the death in question likely would not have occurred if the named “defendant” had not acted in the way they did. Another way of phrasing the matter is that wrongful death litigation is possible whenever the deceased person would have had standing to file a personal injury lawsuit had they survived their injuries.
Notably, if a wrongful death stems from a criminal act that results in charges being filed against the defendant, any civil claim pursued against that defendant would proceed separately from their criminal case, and the outcome of each case would have no direct bearing on the outcome of the other. As a Gilbert wrongful death attorney could further explain, this means someone may still be found civilly liable for causing someone else’s death even if they are acquitted of criminal wrongdoing or have their charges dismissed.
How State Law Governs Wrongful Death Litigation
A.R.S. § 12-612 grants the right to file a wrongful death lawsuit to the decedent’s spouse, child(ren), parent(s), or legal counsel representing any of these immediate family members. If there are no qualifying family members available, the decedent’s estate representative may file a claim, but currently, state law does not allow siblings, same-sex partners, or common-law spouses to pursue wrongful death litigation.
Compensable losses that a lawyer could potentially help factor into a wrongful death case in Gilbert may include:
- Funeral and burial costs
- Emotional anguish and suffering
- Lost love, companionship, and guidance
- Lost household services and assistance with childcare
- Lost future financial support, including lost value of inheritance
- Medical expenses for care the decedent received between when they were first injured and when they ultimately passed away
In accordance with A.R.S. § 12-613, courts will award damages to eligible beneficiaries based on the court’s interpretation of their needs.
Let a Gilbert Wrongful Death Attorney Help
No amount of money can possibly replace what a beloved family member brought to your life, even if it comes from the person who unfairly cut that loved one’s life short. What civil recovery can do, though, is make sure your family does not suffer financial and personal losses that could have been prevented by the person truly responsible for causing them.
A conversation with a Gilbert wrongful death lawyer could help you understand what options you have and feel confident about what next steps you should take. Call the Phillips Law Group today to schedule a private consultation.
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