How Do I Know If I Have A Wrongful Death Case?

Wrongful Death Lawyer Phoenix, AZ

Wrongful Death Lawyer Phoenix, AZIs there a wrongful death lawyer Phoenix, AZ recommends? What is wrongful death? How do I know if I have a wrongful death case? When you lose a loved one, it can be a highly emotional time and there can be a lot of unanswered questions. If your loved one dies due to another’s negligence or intentional act, you may be eligible to file a wrongful death case.

A wrongful death claim is a civil lawsuit that can be filed against a person or entity who wrongfully caused someone’s death. “Wrongfully” in this context usually means recklessly, or negligently, but it can also include intentional criminal acts such as murder.

Common Wrongful Death Causes

A wrongful death lawyer Phoenix, AZ can count on will know the many causes that can lead to a wrongful death, including the following:

  • Automobile and Motorcycle Accidents
  • Medical Malpractice
  • Faulty Manufacturing
  • Criminal Acts
  • Elder Abuse

Who Can Bring Forth the Lawsuit?

The deceased cannot bring forth the lawsuit themselves, so it is often filed on their behalf by their estate, or by immediate family members who have been directly impacted by the wrongful death. Who qualifies to bring a wrongful death suit varies in each state, but in general, wrongful death claims can be brought by:

  • Immediate Family Members, including children and parents
  • Distant Family Members (if there are not immediate family members), including grandparents, siblings, aunts/uncles.
  • The Surviving Spouse
  • Personal Representative of the deceased’s Estate

How Do You Win a Wrongful Death Case?

At Kamper Estrada, LLP, we have experienced wrongful death lawyers Phoenix, AZ trusts. Our lawyers know that in a wrongful death case, the party who files the claim must prove the 4 main elements of negligence.

  1. Duty of Care. The Plaintiff must prove the Defendant had a duty of care to the deceased person. For example, every driver on the road as a duty to all the other drivers to follow the rules of the road and drive responsibly.
  2. Breach of Duty of Care. The Plaintiff must prove the Defendant breached that duty of care as evidenced by their actions, or lack of actions.
  3. The Plaintiff must prove the Defendant’s breach of duty directly or proportionately caused the wrongful death.
  4. The Plaintiff must prove the wrongful death caused the damages that the estate or family members are now seeking to be compensated for.

What Kind of Damages Can Be Recovered?

There are several types of damages a Plaintiff may be awarded in a wrongful death claim.

  • Medical Bills
  • Funeral Expenses
  • Property Damage
  • Pain and Suffering
  • Loss of Income
  • Loss of Love and Companionship
  • Punitive Damages

If you’ve lost a loved one to someone else’s negligent or intentional acts the best way to find out if you have a potential wrongful death case is to speak with an experienced wrongful death lawyer.  At Kamper Estrada, LLP, our knowledgeable lawyers have over 40 years of experience with personal injury and wrongful death cases. Our team can help you determine if you have a case, then guide you every step of the way. Call Kamper Estrada, LLP today, and talk to a top wrongful death lawyer Phoenix, AZ has to offer.