Wrongful Death Lawsuits - Frequently Asked Questions
A wrongful death can be an unexpected and tragic event in a family's life. Litigation for these sorts of legal cases can be quite complex. These frequently asked questions can help you understand essential facts about wrongful death lawsuits.
Who can bring a claim?
A close family member is able to file a wrongful death lawsuit against the wrongdoer on behalf of the deceased individual.
What are family members able to sue for?
The family members can sue for loss of companionship and loss of financial support from the deceased. Sometimes pain and suffering can be included in the complaint as well.
What do you have to prove?
Plaintiffs must prove that the wrongdoer had a majority of negligence responsibility in the death. The courts will come to a determination of responsibility based on the facts of the case. In addition, family members will have to show a preponderance of the evidence which shifts the proof of burden over to the defendant.
Why are family members allowed to bring suit?
A person has to be actually living in order to file a claim with the courts. Since the deceased is not living, a close family member is allowed to bring the claim on their behalf.
What will a judge consider when determining the size of the damage award?
Judges will look at a number of factors to derive at a suitable damage award. They will look at the loss of financial support, companionship, and the pain and suffering caused by the wrongdoer.
What are some of the common causes of wrongful death?
The actual cause of death can vary from person to person. However, some of the more common forms of death arise from product liability; an auto accident, truck accident, or motorcycle accident; and medical malpractice.
Should I use an attorney?
Whenever you are about to enter any type of legal proceeding, it is highly recommended that you use the services of a qualified attorney. They have the necessary experience to get the job done right.
To learn about important legal matters from experts who care, be sure to speak with our personal injury lawyers in Phoenix for more information.