The passing of someone we love can throw us for a loop, leading to devastation and heartbreak from the unexpected news. Having a loved one pass on even after living a long and full life can still result in immense grief. When wrongful death occurs and a life is taken far too soon, it can leave friends and family in a state of shock and anger. Many relatives may turn to legal professionals during this time, as they have no idea even where to begin in seeking justice for the life taken too soon. Here in this article, we have answered a few common questions about what wrongful death means in legal terms, what qualities your attorney should have, and more.
What is the definition of wrongful death?
Wrongful death is defined as a death caused due to recklessness or negligence from another person or entity. When family members are interested in their legal options after such an incident, it is usually to seek justice both for the wrongdoing of their loved one and to obtain financial compensation for damages. The family members that may meet with an attorney about a wrongful death case are typically parents, spouses and children of the deceased.
What are the elements of wrongful death in legal terms?
There are four elements of wrongful death that must be proven in court in order for the surviving family to receive retribution for their loved one’s passing. The four elements are briefly listed and defined here as follows:
- Negligence: with the help from an attorney, surviving family members must obtain and show proof that their loved one passed away at least partially from the actions of another person or party.
- Breach of Duty: in order for the surviving family to have a chance at compensation, they must show that the accused person or entity owed a duty to the deceased. Examples of this can include a driver who had a duty to operate the vehicle safely, or a doctor who had a duty to provide quality standards of care.
- Causation: there must also be evidence for the connection between the accused person’s behavior, and how this lead to the death of the family member.
- Damages: finally, the death of the loved one must have resulted in damages that are quantifiable, such as hospital bills, funeral expenses, pain and suffering prior to death, loss of protection, etc.
What qualities should I look for in my attorney?
A wrongful death lawyer Phoenix, AZ trusts in a wrongful death case should be considerate, patient, empathetic, and knowledgeable when it comes to handling these very fragile cases. Understandably, surviving family member’s emotions may be running high as they attempt to seek remittance from the accused. When meeting with an attorney for the first time about your loved one’s death, bring along as much proof and information as you can, so you can receive a thorough consultation. An attorney can provide guidance and representation too, if you decide to file a lawsuit against the accused person or entity for the wrongful death.
Thank you to our friends and contributors from Rispoli Law, PLLC for their insight into wrongful death and damages.