A wrongful death is a case where a person is prosecuted for another person’s death in any form, whether it’s accidental, homicide or suicide. Any type of fatal accident that is caused by the negligence of another falls under this category. That also includes roadway accidents and medical malpractice.
Nothing in this world can prepare you for the sudden death of a loved one. But, if you are looking to get compensated for their death, a wrongful death lawyer can help you file a case. In Arizona, only certain people can file a case, like the spouse, children, guardian or legal representative of the deceased. A wrongful death lawyer arizona or attorney will guide you through the legal process.
Before filing a case, your wrongful death attorney will check that:
- There are beneficiaries, dependents or children of the deceased.
- The death of a person is caused by negligence.
- Monetary damages have occurred due to the death.
The burden of proof remains in the hands of the wrongful death lawyer. The wrongful death lawyer is required to prove many things with or without the help of documents of proof or witnesses of the incident.
A number of damages in a wrongful death claim are agreed upon through settlement and resolved through third party mediation or declared by a jury.
There are various factors that determine the value of a wrongful death case. Some of them are:
1. The authority of the wrong doer
The jury will determine the extent of which it was the duty of the wrongdoer or say whether the accident was really an accident. A wrongful death attorney is crucial to influencing the jury's opinion on the case.
2. The venue of your case
The place where your accident occurred is really important because there are different laws for different states. Some trial courts move cases quickly while others take years. The law of one state can be far different from the others.
3. Perspective of the judge and jury
There are some judges and jury members who are far more biased than others. Some intentionally favor the defending party or the accusing party, it all depends on their perspective.
This a can create a problem because a judge has the power to call or reject the witnesses or evidence. Sometimes getting your case heard correctly depends on the skills of your wrongful death attorney arizona.
4. The amount of insurance coverage
Usually, the amount of loss is derived from the insurance coverage of the wrongdoer. The amount of loss suffered by the family members of the deceased is calculated and reimbursed according to the policy amount. You almost never see a situation where the family of the deceased gets an amount that is higher than the policy amount without going to court.
If you are looking for a settlement that is more than the defendant’s insurance policy limits, you will have to go to court and get a jury verdict.
5. Value of the Deceased
The value of a teenager will be considered lower than the life of a 40-year-old man with two children and wife. A wrongful death attorney will help define the value of your deceased loved one.
If you are in a need of an experienced wrongful death attorney, we are here for you.