Personal injury accidents often result in devastating consequences. In the worst cases, the injury results in death. In such instances, the family members of the deceased can bring a wrongful death claim against the responsible party.
Arizona Wrongful Death Statute, ARS 12-612, allows a deceased victim’s surviving family members to bring a lawsuit seeking compensation for the death of their loved one. The claim provides the surviving family members with compensation for the loss of the deceased love, companionship, and financial support that the family would have continued to receive but for the accident.
To recover damages the plaintiff must show that the defendant acted negligently. A negligence claim includes 4 elements. To establish the first element, the plaintiff must prove that the defendant owed the deceased a duty of care, which requires each person to act with the same ordinary care and skill that a reasonably prudent person would use in similar circumstances. The second element requires the plaintiff to prove that the defendant failed to meet this standard of care. The third element requires the plaintiff to show that the defendant’s breach of the standard of care and/or was the direct cause of the death. The final element requires the plaintiff to show that as a result of the defendant’s breach the plaintiff suffered damages. This is always hotly contested.
Losing a loved one is devastating and life-altering. No amount of money can compensate you and your family for the loss. However, it can help you obtain the compensation you need to cover medical, funeral, and other expenses and get back on your feet. Benjamin Eid is here to help you and your family obtain the compensation you are owed.