If you have lost a loved one due to someone else’s negligent actions, you may be able to bring a wrongful death lawsuit against the party responsible for their death. Through this claim, you may seek compensation for your loss. This can include the deceased’s lost wages, loss of companionship, funeral expenses, and more.
Although you may feel a crushing sadness over the loss of someone that was important in your life, you have the option of seeking compensation for this loss. The Yuma, Arizona fatal accident attorneys at Wattel and York are prepared to guide you through this painful process. Set up an initial no-obligation consultation and let us hear about your case and offer you the legal options available. Let us start building a case on your behalf and help you recover the compensation you deserve.
Wattel and York: Your Arizona Fatal Accident Attorneys
If someone important to you has died due to the fault of someone else, you have the right to file a wrongful death claim. There are many reasons why someone can suffer a fatal accident through no fault of their own. It could be a car or truck accident or maybe a defective product, or a medical misdiagnosis, just to name a few examples. Whether your loved one died because of the negligent actions of another person, a business, or a government agency, Wattel and York have a team of fatal accident attorneys in Yuma, Arizona ready to help you pursue your case.
If you are the person that has suffered damages due to this person’s death or is the executor of the decedent’s estate, you have the right to file a lawsuit. Some of the parties who have the right to file a claim or lawsuit include:
- The decedent’s immediate family, such as their spouse and children. Also, their parents, if the deceased was unmarried.
- Distant family members such as grandparents who were raising a child who died.
- Individuals who were financially dependent on the deceased, even though they may not be related by blood.
Who may be sued for compensation in a wrongful death claim?
This type of lawsuit can be brought against a wide variety of parties, such as:
- The driver who was at fault for the accident or their employer, if they were driving for someone else.
- The person who sold the alcohol to the impaired party or the owner of the premises where the alcohol was sold.
- The person or company who manufactured a defective product.
- The healthcare professional who misdiagnosed a patient’s condition or made a surgical mistake, or prescribed the wrong medication
What elements must be present in a wrongful death case?
When negligence plays a role in the death of an individual, it means that the party at fault did not behave in the way a reasonable and prudent person would have under similar circumstances. To prove that negligence played a role, your accident attorney from Wattel and York will have to prove that:
- The negligent party had a duty of care to the individual who died
- Their behavior or lack of it breached the standard of care
- Their negligent actions caused the death
- There are damages to surviving family members or dependents as a result
What are the most common causes of wrongful death?
Some of the most common causes of wrongful death are:
- Car accidents
- Truck accidents
- Birth injuries
- Workplace accidents
- Medical malpractice
What factors will the court consider when determining the amount of damages awarded in a wrongful death case?
The court will consider several factors when it comes to damages awarded in a wrongful death case. Among them:
- The relationship between the individual who died and the survivors who are filing the claim.
- The amount of the deceased’s net income.
- The replacement value of the services performed by the deceased.
- The life expectancy of the deceased before their premature death, and the life expectancy of their survivors.
What can the survivors recover in a wrongful death lawsuit?
Survivors may recover the value of the support that was lost from the day of the decedent’s initial injury or death. There is also the value of future loss of support and any medical or funeral expenses. In some cases, the court may also consider adding punitive damages if they consider that it was gross negligence that caused the wrongful death.
These and all your wrongful death questions and concerns can be addressed by your Wattel and York wrongful death attorney. Schedule an initial consultation today, and let us help you fight for the compensation you deserve.