Each state has its own time limit for bringing a legal action for wrongful death. Do not delay. Contact our firm today to schedule a consultation with an attorney.
Wrongful Death Information Center | Phoenix, Arizona Lawyers
Our law firm focuses entirely on personal injury and wrongful death claims. We help survivors whose loved ones have been wrongfully killed because of a product defect, a car accident, motorcycle accident, semi-tractor trailer accident or a drunk driving accident, an attack on improperly secured premises, or any other negligent or intentional action that cut short your loved one's life.
To learn more about your legal rights, accident injury law and how we can assist you in seeking justice, please call to schedule a free initial consultation with one of our experienced personal injury lawyers: 602-285-4450. E-mail us.
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If you are uncertain what your legal rights are or even what a wrongful death lawsuit is, you are not alone. Many people turn to us to help them understand just exactly what it means to file a wrongful death claim.
Our law firm offers free initial consultations to help you understand your legal rights and help you determine the action that is right for you to take.
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When Tragedy Strikes, Our Law Firm Is Here
The law office of Stark Williamson & Clausen LLP represents clients who have lost loved ones in wrongful death legal claims on a contingency basis. This means that we charge no attorney's fee unless we win compensation on your behalf. This is how most personal injury and wrongful death lawyers work. Please call to schedule your free initial consultation today: 602-285-4450 or e-mail.
Wrongful Death - An Overview
Losing a loved one is painful. Losing a loved one due to wrongful death can be even more difficult. If someone's wrongful actions caused injuries that resulted in your loved one's death, that is a wrongful death. In common law, there was no legal action that surviving family members could take. That changed, however, when governments began to make laws protecting survivors. Now, in every state in the US, the representative or heirs of a person lost to wrongful death may file a lawsuit for monetary damages. The laws, however, vary quite a bit from state to state, so consulting with an attorney from Stark, Williamson & Clausen LLP in Phoenix, Arizona, is advisable.
Monetary Damages for Wrongful Death
The main method courts have for measuring loss in wrongful death lawsuits is pecuniary damages — that is, the court must determine the proper compensation for the financial loss that the death has caused. Though this may seem harsh or cold, money damages are the remedy that civil courts have at their disposal. Thus, when the courts measure loss, the first thing most of them turn to is quantifiable data:
- How much money did the deceased earn?
- How much money did the deceased save?
- How financially dependent were the survivors on the deceased?
The court will also take into consideration:
- Funeral expenses
- Medical expenses
The wrongful death lawsuit is meant to compensate certain surviving family members, not necessarily to punish the party responsible for the death. Punitive damages are available, however, in some states when the actions of the defendant were reckless or malicious.
Factors in Determining Economic Loss
Courts look at a number of elements when they determine the level of financial loss the plaintiff in a wrongful death lawsuit has suffered. Most of the considerations take into account characteristics of the person who has passed away:
- Earning potential
- Health
- Life expectancy
- Assets
Courts assess these factors when considering the financial dependence of the plaintiff on the deceased.
Some activities that might not seem economic at first glance can be characterized as such by the court. This is because it would cost money to have someone besides the deceased perform the activities. They include:
- Child care
- Housekeeping
- Assistance with family member's medical or daily living needs
The plaintiff may wish to use expert testimony to establish the amount of loss.
Factors in Determining Emotional Loss
Not all of the emotional harm suffered by the plaintiff can be compensated by the court. Some aspects of what the decedent contributed to the family, however, are "calculated" by the court:
- Parental guidance
- Companionship
- Affection
In making this determination, the court will look at the strength of the relationship between the plaintiff and the decedent. The weight the court gives this type of loss changes based on the particular state's laws.
Survival Action for the Injuries of the Deceased
Some courts will allow the plaintiff to sue for injuries sustained by the person who died. This is called a "survival action" because the legal claim survives after the injured person's death. This claim could be presented at the same time as the wrongful death lawsuit. If this is allowed, the plaintiff may need to show that the injured person was aware of and emotionally affected by the injuries before passing away.
Contact an Attorney
Each state has a rule — a statute of limitations — about how long a plaintiff has to file a wrongful death claim. After that time has elapsed, it is too late to take legal action. It is therefore important to speak with an attorney from Stark, Williamson & Clausen LLP in Phoenix, Arizona, about your rights and options soon.
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