Losing someone you love because of medical malpractice or an accident is hard, and you find yourself with the horrific pain of losing this person you loved so much. In addition to this you find yourself faced with both the financial crisis and the emotional crisis that goes with a wrongful death. In what way are you to be able to afford the accompanied final expenses? In the event of losing a spouse can you make up that lost income? What about the medical bills that are still left; who will pay for those?
Here at Udall Shumway we’re of the mind that you shouldn’t be troubled with these sorts of issues. You should have this time to focus on being with family and to go through the healing process. We are dedicated to giving you the ability to do exactly that, too. Our Phoenix wrongful death lawyers are able of taking care of every part of your case, and can seek justice for your loved one.
Give our wrongful death lawyer in Phoenix, Arizona a call now at 480.461.5300 for a completely confidential, free review of your case.
What Classifies a Wrongful Death?
An accident victim’s surviving family members might file a wrongful death lawsuit in the event that they think their loved one’s death was directly related to negligence. Settlements for wrongful death are meant to cover final expenses including funeral arrangements, help to cover the lost wages of the deceased, and to help provide compensation for losses that can’t be measured such as the loss of that loved one’s presence.
When negligence or any kind of accident has taken the life of a dear loved on you are able to file a wrongful death suit. Some examples that this includes would be: medical malpractice, slip and fall accidents, car accidents, and even a product that is found to be defective. As for the fault, this can lie with anyone in a wrongful death claim, be they companies, an individual, and the government itself.
Wrongful Death Lawsuit Damages
There are 3 categories that damages are grouped into with a wrongful death claim for those who are qualified to collect:
- Economic (special) Damages – Economic damages can be calculated easily, and might include the deceased’s financial contributions to their family, unpaid medical bills, and expenses for a funeral.
- Non-economic (general) Damages – Non-economic damages are calculated more difficultly since they relate to the loss of intangible things. This covers mental anguish, grief, loss of consortium, loss of protection, and loss of companionship.
- Punitive Damages – Punitive damages are intended as a punishment against the guilty party(s) for extreme negligent behavior. An example of this would be when a company is made to pay for punitive damages because they sold a product or drug that is dangerous, and they were well aware of the risks and dangers associated with it. So, for instance, if a trucking company already knew that their tractor required some repair work, but left it in use on the road. Another example would be if a hospital was fully aware of a doctor’s alcohol or drug problem and continued to allow them their hospital privileges.
If you’d like to know more, a Phoenix wrongful death attorney is able to more fully explain the possible value your case has and what options are available to you.
Wrongful Death Lawsuit – What You Should be Expecting
It is important to be aware of the fact that a wrongful death suit is different from other legal actions (probate court, for example) that you might go through when you unexpectedly lose a loved one. This is very specifically a kind of personal injury law that has the intended end result of making sure that a specific party is held responsible for your loved one’s death.
Below are some examples that one could have expectations of seeing:
- Ongoing Criminal Trial – You might be able to file a wrongful death suit alongside of a criminal trial in the event that the death came from a criminal act. In the state of Arizona both are allowed to occur at the same time. The civil trial is intended to grant compensation to any family surviving the victim, while the criminal proceedings exist to convict the party who is accused of the crime that lead to the death.
- Settlement vs. Lawsuit – Many times you’ll see that a lawyer will attempt to settle wrongful death claims without having to go to court, which means that a wrongful death lawsuit doesn’t always end up going to trial. Often trial is needed in the event that an insurance company isn’t willing to pay what is considered to be fair for the lives destroyed by their insured party. In the event that your particular case does have to go to trial to be resolved, you will need to make sure you have trial attorneys with plenty of experience supporting you.
- Burden of Proof – The burden of proof falls on your family. It is on you to prove that the defendant didn’t do their duty in keeping your loved one safe, and that is what resulted in their death. The specific factors in regards to proof are subject to change based on the specific situation that caused the accident.
It can be hard to estimate the specific aspects of your individual claim without getting legal advice from a qualified lawyer since wrongful death claims are so different from each other. When you work with the wrongful death lawyers in Phoenix here at Udall Shumway, they have a mountain of experience to help you to get a better view of what your case will look like. They can also advise you on how you can start preparations for any potential settlement before going to trial, any negotiations that might take, and of course the trial itself if it comes to that.
The Right Wrongful Death Attorney in Phoenix, AZ
Here at Udall Shumway we believe that nobody should be responsible for other people’s negligence. We have committed ourselves to giving help to families in Arizona and Phoenix so that they can get back damages incurred from claims related to personal injury and wrongful death. Though there isn’t anything that will ever get rid of that grief and distress you’ve experienced emotionally from your loss, getting a settlement for a wrongful death can help to give loved ones security economically in order to help get their lives back on the path they need to be on.
We know that those calling us who have recently experienced the loss of a family member are in pain over losing their loved one. Often a big reason why we’re called upon is that these families want to do everything their situation allows in order to keep another devastating tragedy from occuring to anyone else. This is also the goal of our law office.
Start your settlement today with your free consultation. Allow us to look over your case to find out if there are legal grounds for filing a wrongful death lawsuit. Call 480.461.5300 today in order to schedule a time to come in and meet with us here at Udall Shumway.