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Losing a loved one is a painful experience, especially when their death was the result of someone else’s negligence. If you lost someone close to you in an unexpected accident, consider the benefits of filing a lawsuit.
A Gilbert wrongful death lawyer at Zanes Law can handle your claim as you grieve with your family. Though a legal claim cannot bring your loved one back, our compassionate personal injury attorneys will do everything in their power to obtain compensation for your relative’s death.
What Is Wrongful Death?
A wrongful death occurs when someone dies due to neglect or lack of care on the part of another individual or company. In most cases, this means that the deceased person has been killed because someone else did something wrong — such causing an accident through reckless driving or failing to keep a premises safe.
In some cases, however, it can mean that medical professionals failed to provide adequate care for patients who later died from their injuries or illnesses as a result of not receiving proper treatment in time.
Our Gilbert wrongful death attorneys are experienced in handling complex cases that involve multiple parties, including insurance companies and businesses and products that can be held liable for the death of another person.
For a free legal consultation with a wrongful death lawyer serving Gilbert, call 866-499-8989
Wrongful Death Lawsuits
A wrongful death lawsuit can be brought when a family member dies due to the negligence of another party. For example, if your spouse died because he or she was hit by a truck while crossing the street, you could file a wrongful death claim against the driver of that truck.
Wrongful death lawsuits are brought in civil courts. While it’s possible that the at-fault party can face criminal charges relating to the death of your loved one, you can still pursue a civil claim against them for damages that include:
- Funeral and burial expenses
- Medical bills
- Lost wages
- Pain and suffering
- Loss of companionship
The parents, spouse, or children are entitled to pursue damages for their loss under two theories: survival rights and loss of companionship.
Survival Rights
Survival rights are based on the principle that a person has a right to live through his or her natural life span. This right can be asserted by family members if they believe that they would have been financially dependent upon their loved one had he or she lived longer than expected.
For example, if you were planning on caring for your grandmother until she reached age 70, but she died at 60 as a result of someone else’s actions, you may be able to recover damages for survival rights in your wrongful death suit.
Loss of Companionship
Loss of companionship refers to the emotional distress experienced by those who lose their loved ones in the course of a wrongful death. This type of loss is typically recognized as one that is more severe than other types of damages because it cannot be compensated by money.
This type of loss is often difficult to quantify in terms of monetary value. However, if you have lost a loved one due to wrongful death and are experiencing symptoms of depression or anxiety as a result, you may be able to recover compensation for this type of injury.
Gilbert Wrongful Death Lawyer Near Me 866-499-8989
The Purpose of Pursuing a Fatal Accident Case
Unlike other personal injury lawsuits, the plaintiff in a wrongful death claim is not the accident victim. The purpose of a wrongful death action is to provide legal remedies to compensate the decedent’s surviving family members.
Because of this crucial difference, families should not attempt to pursue a case on their own. Any errors in drafting or filing the claim could jeopardize a person’s chances of recovering damages. A skilled lawyer could advise individuals on the proper way to pursue a wrongful death action.
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