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Taking Legal Action for a Wrongful Death

 Experienced Lawyer

Wrongful death can happen when someone passes away due to the negligence or misconduct of another person or entity. During this time, the surviving family grieving the loss of their loved one may consider seeking justice for the incident from the party responsible. Finding out your family member’s passing was influenced by someone else can add anger to the healing process. Many relatives may to reach out to an attorney about fighting for retribution. In the article here, we have answered several questions about wrongful death cases.

What are the most common reasons for wrongful death?

Incidents of wrongful death can arise in many different settings. Understandably, the surviving family may have trouble coping with the news that their loved one was taken too soon. Wrongful death can happen immediately at the scene of an accident, or in the hospital by perishing to a complexity of injuries. Here are the most prevalent scenarios in which wrongful death can unfold:

  • Medical malpractice or negligence committed by either the treating doctor or supportive medical staff (errors during surgery, oversight, misdiagnosis, incorrect medicine prescription).

  • Car accidents (due to another careless driver or vehicle malfunctions).

  • Nursing homes (death as a result of abuse, neglect or medical mistakes).

  • Construction sites (workers falling off scaffolds, cave-in of trenches or defective machinery).

  • Faulty products (with misleading information, lack of warning labels or poor quality production).

What does it mean if someone files a wrongful death action?

Wrongful death actions are typically filed on behalf of surviving relatives or heirs of the deceased. Loved ones may be able to receive compensation for their loss of companionship, love, pain and suffering prior to death, loss of financial support and more. Every state may have its own set of laws regarding which family members are permitted to take such legal action.

Can it be considered wrongful death if an unborn baby dies?

If a fetus passes away either during pregnancy or delivery, whether it qualifies as a wrongful death case depends on the state you live in. Many states do require that a baby be born alive first, for the passing to be actionable.

What is the difference between civil and criminal cases for wrongful death?

Wrongful death cases are held in civil court, where the family is usually seeking financial compensation for their loved one’s passing. In a criminal case regarding the same incident, the offender may face punishment from the government for their behavior or negligence.

How long do surviving family members have to take action?

Family members who want to take legal action against the offender may want to do so with a wrongful death lawyer Phoenix, AZ trusts as soon as possible. There may be limitations for how much time can go by, before relatives or heirs are unable to file a lawsuit. Do keep in mind that the offender may try to destroy evidence related to your loved one’s death, as a way to elude responsibility. By acting faster, it can help prevent key evidence from being tossed away or hidden.

 

 

Thank you to our friends and contributors at Rispoli Law, PLLC for their insight into wrongful death and legal cases.


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