Wrongful death claims involve tort cases in which a defendant’s negligent behavior causes someone else’s death. As a result of wrongful death, surviving family members suffer financially and emotionally. Wrongful death lawsuits take compensatory action in the aftermath of an accident and seek to secure compensation from negligent individuals. Oftentimes, these individuals cause the death of a loved indirectly due to negligence, medical malpractice, or criminal activity.
Furthermore, wrongful death claims can be based on whether the defendant’s conduct is criminal, justifiable or unjustifiable. For example, if a drunk driver hits and kills a pedestrian and is later convicted of involuntary manslaughter, they may also be subject to a wrongful death claim by the deceased’s family.
Individuals convicted of justifiable or excusable homicide (or homicide without criminal intent) can also be subject to a wrongful death claim. An example of an excusable homicide would be a casualty that occurred after someone was defending others, like a police officer who accidentally kills someone while on duty.
Public prosecutors always file criminal cases, but wrongful death claims and other civil tort cases must be filed by the family of the victim. In this way, these families are able to receive compensation for their benefit. Additionally, families and their attorneys must prove the tort underlying wrongful death lawsuits. Families must convince juries that the defendant is guilty of extreme negligence. This is one of the primary differences between civil cases and criminal cases. Proving reasonable doubt versus a lower burden of proof is why defendants can be found not guilty of criminal charges but still found liable in wrongful death lawsuits.
If you file a wrongful death claim, the defendant’s attorney will examine the relationship between the deceased and the defendant. Attorneys will uncover these details in a discovery process. Furthermore, a plaintiff’s attorney may also conduct investigations into the defendant’s past. Attorneys will also examine their current activities to boost the case. This investigation can force the defendant to surrender emails, documents and other types of evidence pertinent to the case.
Lost wages, financial support from the deceased, and funerary costs are just a few of the damages obtained in wrongful death suits. Damages could also include lost emotional support due to the reckless behavior of another.
If you’ve lost a loved one as a result of another person’s negligence, you may be suffering in the aftermath. But the wrongful death attorneys at ELG want to help you determine your best legal options. Our attorneys will help you file a claim to recover your fair compensation. When it comes to securing justice after the loss of a loved one, our attorneys have years of experience.
Contact our compassionate Phoenix attorneys to set up a consultation. Call our Phoenix lawyers at (623) 321-0566, and learn more about safeguarding your legal rights today. Our attorneys have spent decades advocating for victims and their families and are ready to help you through your devastating loss.
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