How do you prove fault in a wrongful death case?
If your loved one was killed because of someone else’s carelessness, you may want to consult with a wrongful death lawyer Phoenix, AZ respects from Kamper Estrada, LLP. If a person’s death is caused by another person’s negligence, the deceased person’s family has a right to file a wrongful death claim. Whether a person died during a car accident or on an operating table, a wrongful death claim can help the surviving family members recover their financial losses.
However, in order to win your lawsuit, your wrongful death lawyer in Phoenix, AZ must be able to prove fault in your case. This means you have to prove that the defendant owed the victim a duty of care, breached that duty and that the breach of duty was the direct cause of death.
Duty
A person can only be labeled negligent if he or she owed the deceased person a duty of care. Owing someone a duty of care means avoiding doing something that may cause him or her physical harm. For example, drivers owe all people on the road a basic duty of care to drive responsibly and follow the rules of the road.
Breach of Duty
The next thing a wrongful death lawyer Phoenix, AZ trusts must do is prove that the defendant breached the duty of care. In a car accident case, a lawyer might show that the driver was speeding or talking on the phone while behind the wheel, and that this negligence was a breach of the driver’s duty of care. These actions are considered careless because they may pose danger to other people on the road.
Cause
To win a wrongful death case, a wrongful death lawyer Phoenix, AZ relies on also has to prove that the defendant’s breach of duty was the direct cause of the victim’s death. For a car accident, it must be proven that the defendant did actually crash into the victim’s vehicle and that this crash directly caused the victim’s fatal injuries. If the victim’s injuries were not a result of the crash, this case might not be viable in court.
Proving fault in a wrongful death isn’t easy, so it may be in your family’s best interest to hire a Phoenix wrongful death lawyer as soon as possible. A wrongful death lawyer Phoenix, AZ counts on may begin building your case immediately so that you are one step closer to obtaining the compensation you deserve. During your initial consultation, it is important to bring any evidence you have with you, such as your family member’s medical records and witness statements.
Many wrongful death lawyers work on a contingency basis, so you do not have to worry about owing money upfront. After your case is over, your lawyer would take a percentage of your winnings. If you happen to lose your case, you won’t owe your lawyer any money.
If you are searching for a wrongful death lawyer Phoenix, AZ offers, contact Kamper Estrada, LLP at 602-730-7988.