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Losing someone you love unexpectedly, because of someone else’s negligence or wrongdoing, can be one of the most difficult kinds of grief with which to cope. In Arizona, when death of a person is caused by neglect a “wrongful death” action may be maintained if the person would have been entitled to maintain an action and recover damages if death had not occurred. While a lawsuit can never bring back a loved one, a wrongful death case can provide compensation for not only the financial implications of the death, but also for the pain and suffering and loss of companionship. Causes of Wrongful Death Some of the most common factual causes of wrongful death in the United States include: •Automobile accidents when another individual, company or other type of entity caused a fatality •Tractor-trailer truck accidents when a truck driver or trucking company fails to follow procedures and regulations, causing a fatal wreck •Medical malpractice when a healthcare professional falls below the standard of care in making a fatal error, such as a failure to diagnose properly, delaying a needed surgery or other care, or prescribing wrong or incorrect doses of medications •Construction Accidents when a site supervisor, company or equipment manufacturer’s negligence causes a death •Nursing Home Abuse and Neglect Cases when a patient’s death is caused by a staff member’s intentional or negligent harm or where a pattern of conduct causes harm. Wrongful Death Compensation In the case of a wrongful death, the victim’s family members may be able to receive compensation through a civil personal injury lawsuit. Damages are often awarded for: •Medical costs •Funeral and burial expenses •Long-term loss of support •Loss of companionship •Emotional pain and suffering •Contributions for living expenses and education funds the victim would have given surviving children •Punitive damages Who Can Receive Compensation in a Wrongful Death Claim? Arizona allows a surviving spouse, children or parents to be compensated. If none of them survive the wrongful death action may be brought on behalf of the decedent’s estate. Your First Step in Filing a Wrongful Death Lawsuit If you believe your loved one has died because of another party’s negligence or misconduct, it is important to contact an experienced personal injury and wrongful death attorney right away. These types of cases can be highly complex and will require a thorough investigation by someone who is on your side. Plus, the longer you wait to start the discovery process, the higher the risk that evidence will be destroyed or no longer available. For more information on wrongful death lawsuits in the Phoenix, Arizona area, please schedule a free wrongful death consultation with the experienced attorney Jerrold A. Mayro at the Mayro Law Firm. Mr. Mayro’s office is located at 2415 E. Camelback Road, Suite 700, Phoenix, AZ 85016.
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