If you or a loved one has experienced a loss as the result of negligence, you may be frustrated, heartbroken, and wondering what options you have. Unfortunately, death is not always an “act of God” or just “someone’s time to go.” If someone has been negligent and it resulted in the death of someone then that is a criminal act and they should be held accountable. When it comes to wrongful death, a spouse, child, parent, legal guardian or legal representative of the aforementioned can file a wrongful death suit against someone.
It is important to understand what exactly constitutes a “wrongful death.” The Arizona State Legislature defines a wrongful death as follows, “When death of a person is caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof, then, and in every such case, the person who or the corporation which would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under such circumstances as amount in law to murder in the first or second degree or manslaughter.”
Because the deceased cannot speak for or argue for themselves, at Alcock Law, we will do it for them. During the trial, a judge and jury will hear the case and facts and, if wrongful death is determined, will then determine the damages incurred. The damages will help determine what level of compensation will be distributed to the survivors of the deceased. Things that will influence compensation for damages are the financial dependency of the survivors of the deceased, past historical earnings of the deceased as well as lost potential future earnings, the cost of all funeral and burial services as well as any medical costs, and finally, the value of the emotional damage and loss to the survivors. There may be additional variables considered depending on the specific case.
At Alcock Law, we have extensive experience in handling wrongful death cases in the State of Arizona. We understand the law and know how to take legal action to hold the responsible party accountable and obtain justice for your loved one. Wrongful death cases can sometimes be an uphill battle but it is a battle we are well-prepared-for. We know how to fight against local and state government, large insurance companies and institutions and other parties to achieve a successful outcome in your case.
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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004