When someone you care about passes away, grieving their loss is always hard. But when the death occurs because of injuries that were caused by another person, that adds another layer of complexity to the grief.
In Arizona, the law recognizes this type of loss as giving rise to a wrongful death claim. While damages cannot take the place of their lost loved one, they can help a grieving family regain financial stability and provide for any dependents in the future. A Scottsdale wrongful death lawyer can sit down with family members and help them decide if filing a claim is the right decision. Our compassionate personal injury attorneys are ready to guide you in this situation.
Who Can File a Wrongful Death Claim?
Not all relatives can file a wrongful death claim. Arizona law limits it to close relatives such as a surviving spouse, child, parent, or other legal guardian. If none of these apply, then a personal representative may also bring the lawsuit on behalf of the estate.
Even if there are multiple parties who could file the wrongful death claim, only one case is filed. Regardless of which party initiated the case, the damages that are ultimately awarded will be shared by all of the people who could have filed a claim. The court will determine how to divide the damages in accordance with the degree of each party’s loss; and if the estate recovers damages, it will become an asset of the estate.
Establishing a Wrongful Death Claim
To win a wrongful death claim in Scottsdale, there are four specific elements that the claimant and their attorney must prove. Because a wrongful death case is a civil case, not a criminal matter, each element must be proven by a “preponderance of the evidence.” This legal standard simply means that it is more likely than not that each element is true.
Duty of Care
The first element involves showing that the defendant owed a duty of care to the deceased. The duty may be as straightforward as the legal obligation to act with a reasonable amount of caution to avoid harming others. For example, business owners have a duty to keep their businesses free of hazards, and drivers have a duty to follow traffic laws.
Breach of Duty
The next element is to demonstrate that the defendant breached the duty they owed to the deceased. A Scottsdale wrongful death lawyer can demonstrate this by using the facts of each circumstance to show the court how the responsible party failed to act as a reasonably prudent person would have done.
Causation
The next element is to show that the defendant’s breach of duty was the direct and proximate cause of the death. Again, an attorney will have to use the specific facts of each case to show that the defendant’s actions led to the injuries that caused the death. The plaintiff’s attorney can use medical records, expert testimony, and other evidence to prove that the accident or hazard was the reason the person died, and not another illness or injury.
Damages
The last element is to show that the death caused damage to the plaintiff. Family members can produce evidence demonstrating the financial and emotional harm that they experienced and will continue to deal with because of the wrongful death.
Contact Us If You Need to Speak With a Scottsdale Wrongful Death Attorney
Grieving families do not have to pursue wrongful death claims alone. Having an experienced Scottsdale wrongful death attorney can help families understand what to expect throughout the case.
At Valiente Mott Injury Attorneys, our team can assist people who have suffered an unimaginable loss obtain justice for their loved one. Though damages can never replace the person, they can help families regain a sense of financial security and hold the responsible party accountable. Contact us today to learn more.
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