Phoenix Wrongful Death Lawyer: Because Personal Injury Law Protects More Than Just The Injured

If you have recently lost a loved one in an accident, contact your Phoenix wrongful death lawyer as soon as possible. Let the legal professionals handle your case and help you recover the damages you deserve. Losing a family member is always a long and painful process of mourning and facing reality, and that is why you should not have to prolong the horrible memories by failing to hire an experienced Phoenix wrongful death lawyer to help you with the legal issues that arise afterward. A Phoenix wrongful death lawyer can help you get the compensation you deserve for the loss of your loved one and the pain and suffering (among other things) that it has caused.

Negligence is probably the most litigated area of personal injury cases. “Negligence” is an extremely broad category and it may range from the mostly-common automobile accidents to the more-obscure mishandling of the remains (or corpse) of a deceased family member. Generally, in order to succeed in a negligence case against another party, the plaintiff must prove: (i) existence of a duty by the other person to the plaintiff; (ii) breach of that duty; (iii) proximate and actual causation; and (iv) damages. In other words, every person owes a duty to conform to a standard of conduct to protect others from an unreasonable risk of injury. Breach of this duty actually and proximately causing injury to another person (physical, emotional, pecuniary, etc.) are the bases for a negligence case against another. Your Phoenix wrongful death lawyer can explain in much more detail how the law of negligence may directly affect your case.

Two common subcategories of the field of negligence are that of wrongful death and mishandling of the remains of a deceased family member. Of course, both of those cases may arise solely from intentional actions by the liable party; but let us focus on the “negligent” aspect of the law in regards to (i) wrongful death, and (ii) mishandling the remains of a deceased family member (e.g., funeral home negligence). Contact your Phoenix wrongful death lawyer for an in-depth discussion and analysis of these two topics and what role they might play in your current case.

Phoenix wrongful death lawyer, fighting on your side after the loss of a loved one to help you get back on your feet

The first step to analyzing a wrongful death claim is understanding what it is. In essence, in a wrongful death claim, the defendant is claimed to be liable to the plaintiff for the (wrongful) death of the plaintiff’s loved one. In these types of cases, some of the common causes of death may include products liability accidents, motor vehicle accidents, and medical malpractice. Generally, the underlying theory for the cause of death in all of these cases will be that of “negligence,” or some other varying degree of fault on part of the defendant.

So, who can bring a claim for wrongful death? In Arizona, wrongful death claims are brought by the surviving spouse, child, parent or guardian, or the personal representative of the decedent, on behalf of the surviving spouse, children, or parents (or, if none of these survive, on behalf of the decedent’s estate). Additionally, either parent may maintain the action for the death of a child, and a guardian may do so for the death of a ward. Furthermore, damages are distributed to the surviving spouse, children, or parents in proportion to their damages. The measure of recovery in these types of claims is generally for the pecuniary injury resulting to the plaintiffs. Damages include, but are not limited to, recovery for loss of support and loss of consortium. For more details, consult with your Phoenix wrongful death lawyer.

Fortunately, the law’s protection goes beyond the death of a loved one. Even when the remains of deceased family member are in the care of a funeral home, they, too, must abide by their duties as to avoid a negligence lawsuit. Arizona recognizes what is called as “negligent infliction of emotion distress” (“NIED)”. Unlike its counterpart (intentional infliction of emotional distress), NIED requires different facts to be proved in order to succeed in such a case – those inherent to the category of negligence, among others. In order to establish a NIED claim, the plaintiff must prove, among other facts, that he or she suffered physical symptoms that manifested as a result of the severe emotional distress caused by the defendant’s actions. However, Arizona does away with the “physical symptom” requirement in special circumstances, including the mishandling or improper care of the remains of a deceased loved one. Thus, funeral homes may be held liable for the emotional distress they cause to family members of the deceased person for any negligent interference on their part with the dead body or remains of the plaintiff’s loved one.

Because wrongful death cases are so broad and they require a strong foundation of knowledge of personal injury law, hiring a Phoenix wrongful death lawyer that is certified in personal injury is your best bet. Let a Phoenix wrongful death lawyer handle the complexities and nuances of your case, while you focus on mourning your dear loss and getting back on your feet.