MEDICAL MALPRACTICE EXPERTS
Wrongful death is a devastating thing to deal with because it involves the loss of a loved one. Even if you sue the individual, the emotional distress caused by negligence cannot be minimized although it helps with the financial aspect of the loss. These types of claims seek to compensate the survivors of such a loss so that they do not suffer unduly from the distress of lost income, companionship, and expenses related to the loss.
A wrongful death claim can apply to any person in any profession whose legal negligence causes the death of another not just medical malpractice. The wrongful death statutes vary from state to state and were created mainly to aid widows and orphans after the death of their loved ones.
Who Qualifies for a Wrongful Death Claim
- A surviving spouse
- Parents (even parents of a dead fetus)
- Immediate family members
DEALING WITH A WRONGFUL DEATH CLAIM
This claim has to be brought to court by a personal representative of the deceased person. Apart from wrongful death claim, the representative can also bring claims on personal injury, conscious suffering and pain plus the expenses incurred during the deceased’s treatment if they contributed in any way to their wrongful demise.
YOUR WRONGFUL DEATH LAWYER
When to look for a wrongful death lawyer consider the expertise, skill, and professionalism of the attorney you settle for. At Auxilium Car Accident Law Phoenix we understand that litigation is an expensive undertaking and we will advise you accordingly as to whether you should pursue legal recourse in front of a jury or settle out of court where you may end up with an even better deal. Contacting an experienced law firm like ours ensures that your decision to seek justice for your loved one is handled with compassion, within the stipulated lawsuit filing deadlines and is aggressively pursued. Just as importantly we will help you understand your legal rights under the law and how your potential case will hold up under scrutiny.
PROVING A WRONGFUL DEATH CLAIM
If you have lost your loved one in such circumstances the burden of proof about your claim lies mostly with you. It will entail:
- Proving a death took place
- Proving negligence on the other party’s part
- Proving hardship, pain, and suffering by the immediate family of the deceased
- Appointing a personal representative of the deceased’s estate
THE DAMAGES TO EXPECT FROM WRONGFUL DEATH
Wrongful death damages are compensated in monetary terms. The monetary compensation covers financial injuries also referred to as pecuniary injuries to the family of the deceased. The damages awarded should be fair to the loss of support or services, medical expenses, funeral expenses, and other lost prospective benefits and inheritance. It is important to note that the damage award includes interest from the date of the deceased death.
Understandably, no one wants to define the loss of their loved one in economic terms. At Auxilium Car Accident Law Phoenix, we strive to endure that our clients understand that the pursuit of justice for their loved one has to be compensated in one way or another and economic terms help alleviate the financial burden only. We advise our clients to seek more professional help like therapy to cope with the other aspects of their loss.