What Is Wrongful Death?
- By Chris Zachar
- Published 07/29/2011
- Legal
- Unrated
Phoenix wrongful death lawyers specialize in getting compensation in those tragic cases where someone you love has been killed through the misdeeds of another. No amount of compensation can replace a loved one of course, but there is no need to add financial hardship to an already devastating emotional loss. An Arizona wrongful death lawyer can make sure that the person responsible for your loss makes you as whole as possible. There are three main questions to ask when you're trying to figure out if you have a wrongful death claim: (1) who is allowed to sue?, (2) what do I need to prove?, and (3) when can I sue?
In Arizona, only close potential heirs of a person who has been wrongfully killed may bring a wrongful death lawsuit. Specifically, the law allows spouses, children, parents, legal guardians, or personal representatives to bring a wrongful death action. "Personal representative" is Arizona's term for the executor of a person's estate. Other family members such as the person's siblings or grandparents have no right to file a wrongful death claim, nor do any of the person's friends, no matter how close they may have been. If you're not sure whether you are allowed to bring a wrongful death action, a Phoenix wrongful death lawyer can advise you, often at no or very little cost.
Arizona law defines two basic types of wrongful death. The first is based on a negligence theory like many other tort claims. To bring a case under this theory, you must be able to show that someone or some legal entity had a duty to act with reasonable caution toward your loved one, breached that duty, and caused their death as a result. For example, if someone were crushed by a train car when a light rail train drove through a red light into an intersection, that person's loved ones or estate would probably have a wrongful death claim against the conductor,
and possibly against the city or the train manufacturer as well. However, there would be no claim against a person who could have pushed the victim out of the way but didn't, because there is no general legal duty to rescue someone else.
The second theory is based on intent, as is the case in torts like assault or in crimes like murder. If you can prove that someone generally acted in a way that rises to the level of manslaughter or murder and caused the death of your loved one, you may have a wrongful death claim in addition to any criminal charges the guilty party may face. There are several kinds of manslaughter and murder in Arizona and the law governing them can be complex. In general, manslaughter means that the person responsible for the death was acting in a way that they knew was highly likely to cause the death of another, while both first and second degree murder imply some degree of intent to kill.
There are several exceptions, so if you think your case may fall into this category, it's a very good idea to check with an experienced Phoenix wrongful death lawyer. The fact that someone's conduct was criminal and the person is being prosecuted in criminal court does not necessarily mean you cannot also sue in civil court. An experienced Phoenix wrongful death lawyer will be able to evaluate whether you have a valid claim.
Arizona law provides two years in which to file a wrongful death claim. The two-year period begins as soon as your loved one dies, not when you discover that the death was wrongful, so it's a good idea to get help from a professional Phoenix wrongful death lawyer as soon as you can.
It is crucial to understand that wrongful death lawsuits are very serious because of the issues and stakes involved. How the case proceeds can often depend heavily on specific details and careful case management. It is important to have the guidance of an Phoenix wrongful death lawyer with extensive experience to ensure that you get the compensation you deserve.
In Arizona, only close potential heirs of a person who has been wrongfully killed may bring a wrongful death lawsuit. Specifically, the law allows spouses, children, parents, legal guardians, or personal representatives to bring a wrongful death action. "Personal representative" is Arizona's term for the executor of a person's estate. Other family members such as the person's siblings or grandparents have no right to file a wrongful death claim, nor do any of the person's friends, no matter how close they may have been. If you're not sure whether you are allowed to bring a wrongful death action, a Phoenix wrongful death lawyer can advise you, often at no or very little cost.
Arizona law defines two basic types of wrongful death. The first is based on a negligence theory like many other tort claims. To bring a case under this theory, you must be able to show that someone or some legal entity had a duty to act with reasonable caution toward your loved one, breached that duty, and caused their death as a result. For example, if someone were crushed by a train car when a light rail train drove through a red light into an intersection, that person's loved ones or estate would probably have a wrongful death claim against the conductor,
The second theory is based on intent, as is the case in torts like assault or in crimes like murder. If you can prove that someone generally acted in a way that rises to the level of manslaughter or murder and caused the death of your loved one, you may have a wrongful death claim in addition to any criminal charges the guilty party may face. There are several kinds of manslaughter and murder in Arizona and the law governing them can be complex. In general, manslaughter means that the person responsible for the death was acting in a way that they knew was highly likely to cause the death of another, while both first and second degree murder imply some degree of intent to kill.
There are several exceptions, so if you think your case may fall into this category, it's a very good idea to check with an experienced Phoenix wrongful death lawyer. The fact that someone's conduct was criminal and the person is being prosecuted in criminal court does not necessarily mean you cannot also sue in civil court. An experienced Phoenix wrongful death lawyer will be able to evaluate whether you have a valid claim.
Arizona law provides two years in which to file a wrongful death claim. The two-year period begins as soon as your loved one dies, not when you discover that the death was wrongful, so it's a good idea to get help from a professional Phoenix wrongful death lawyer as soon as you can.
It is crucial to understand that wrongful death lawsuits are very serious because of the issues and stakes involved. How the case proceeds can often depend heavily on specific details and careful case management. It is important to have the guidance of an Phoenix wrongful death lawyer with extensive experience to ensure that you get the compensation you deserve.
Chris Zachar
Since 1996, Personal Injury Lawyer, Christopher J. Zachar, has provided legal experience to his clients. As an experienced litigator, Chris Zachar has earned a respected reputation among his peers for the favorable settlements and verdicts obtained for injured clients. With distinction among other law firms, Christopher Zachar obtains many referrals from other firms that put their trust in him and his successful track record.
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