The loss of a family member due to the negligence of another person or company is devastating for those left behind. As a Mesquite wrongful death lawyer, H&P Law has worked with numerous victims to provide them with exceptional support and compassion during this very challenging time. There is no way to reconcile what occurred, but our Mesquite personal injury lawyer can work with you to get justice for your loved one and support for your financial loss.
Understanding Wrongful Death in Mesquite, Arizona
Wrongful death occurs when a person causes the loss of life to another party due to negligence or recklessness. As a surviving family member, it is up to you to prove that this occurred and then to provide insight into what compensation is owed. Wrongful death can occur in a wide range of accidents, including:
- Medical malpractice
- Workplace injuries
- Truck accidents
- Car accidents
- Dog bites or attacks
- Premise liability
- Motorcycle accidents
- Product liability
If you believe a family member died because of the actions of another person or company, set up a free consultation with our dedicated, highly experienced legal team at H&P Law. With our courtroom experience and proven track record, we can provide you with insight into your rights and fight aggressively to protect them. There is no better time than right now to set up a conversation, with no risk to you, to learn if you may have a case.
How to Prove Wrongful Death Occurred in a Mesquite Accident
To prove wrongful death, you must show that the other party knew of a risk and did not take action to protect the outcome, which led to a person’s death. Filing a wrongful death claim in civil court requires that the burden of proving this falls on your shoulders. There are several aspects that must be met to achieve this:
- The person had a duty to keep your family member safe: This means that your family member could have reasonably assumed they were safe.
- The person failed in that duty in some way: Called a breach of duty, this means that in some way, the other party created a situation or failed to address a situation.
- Their breaching of that duty leads to injury and loss: Proving causation requires showing the direct link between the person’s actions and the outcome that occurred.
In this situation, the death of the individual is the outcome. Though this is never easily proven, our highly experienced Mesquite wrongful death attorney will work very closely with you to ensure that every bit of evidence possible is obtained. At H&P Law, we fight to protect our clients’ rights no matter what they are facing.
Filing a Claim for Wrongful Death in Arizona Requires Consideration
Not just any person can file a wrongful death claim, but rather, the law requires that specific people take this action. This falls under Nev. Rev. Stat. §41.085. According to this law, the following parties can file a claim for wrongful death:
- The estate or representative of the estate
- The child of the person who died
- The parent of the person who died
- The spouse or domestic partner of that individual
If these people do not exist, the court can appoint someone to represent the estate. In addition, there may be other parties that may file a claim, such as those who have been financially dependent on the deceased party for some time. Let our wrongful death attorney in Mesquite determine if you have the right to file a claim.
Let Our Mesquite Wrongful Death Attorney Estimate Your Losses
The value of a wrongful death case is dependent on numerous factors, specifically on what the person lost and suffered through but also what the dependents have experienced. This is a complex area of the personal injury legal process, which is why we never recommend that anyone file a claim like this without legal guidance. Below are some examples of the compensation types you may be owed.
- Medical losses: The final medical bills and life-saving efforts of the individual are the starting point here. Any costs related to the accident can be included in a wrongful death claim.
- End-of-life costs: Burial and funeral costs may also be a factor for many cases. This includes any cost for preparing for and completing the final needs of the party.
- Dependent compensation: If you were financially dependent on a person who has now died, that is going to make it difficult for you to continue to meet your financial needs. Your wrongful death claim may include these losses.
- Property damage: If there was damage to a vehicle, that may also be considered a component of your wrongful death claim.
To calculate the losses in a case like this, we must look at all implications, including non-economic losses such as pain and suffering and loss of support. Other factors, like the life expectancy of the individual, a person’s age at the time of death, and the loss of companionship, are all factors that must be carefully weighed and valued in this claim.
Punitive Damages May Be Awarded in a Wrongful Death Claim
Depending on the circumstances related to the death, the court may award punitive damages as a type of punishment for the defendant. This is an additional level of financial compensation that may be awarded to you in situations where the loss was due to negligence, intentional acts, or other instances of wrongdoing. Our wrongful death attorney will give you insight into whether this type of financial loss may apply to your situation.
Set Up a Free Consultation with Our Highly Trusted Wrongful Death Lawyer in Mesquite
When you are suffering from the grief of losing a family member, you may not be thinking about the financial aspects of this situation and how it will impact you for years to come. Let our Mesquite wrongful death lawyer at H&P Law handle that process for you so you can hold those who did this responsible. Set up a free consultation by calling our team now.
