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When a person passes before their time, their loved ones must figure out how to manage their affairs and continue living after the loss. Fatal accident cases are some of the most challenging legal actions to litigate, so it is essential to hire a Glendale wrongful death lawyer to handle your case.
At Zanes Law, we recognize no amount of money will bring back your loved one, but monetary damages could help you and your family get back on your feet after such an unfortunate loss. Consider talking to a seasoned personal injury attorney about pursuing a lawsuit.
Filing a wrongful death action is not the same as pressing criminal charges. Success in a civil claim will not result in jail time or other criminal penalties for the defendant.
The purpose of a fatal accident claim is to obtain monetary compensation from the negligent person or entity. An attorney who regularly handles wrongful death cases could help a family pursue damages through a trial or settlement.
The most important aspect of a wrongful death case is proving the negligence of the other party. Negligence refers to the act or failure to act that caused the accident victim’s death. Intent is not a factor in fatal accident claims, as the court typically compares the defendant’s actions with what a reasonable person might do in a similar situation.
In a fatal accident case, the type of accident typically impacts who the plaintiff files the lawsuit against. Any accident can result in a fatality, but some of the most common incidents that lead to death include severe motor vehicle collisions, slip and falls, construction accidents, and swimming pool drownings.
In certain cases, there may be multiple defendants, including government municipalities and private corporations. A skilled lawyer could identify the people or entities responsible for a fatal accident.
State law does not allow everyone to sue for wrongful death. Only spouses, children, parents, and guardians may file a fatal accident claim. If an individual is not one of those permitted family members, they should contact a wrongful death attorney in the area to discuss whether an exception may allow them to sue. Standard exceptions include domestic partners, grandchildren, and estate representatives.
Recovery in wrongful death cases is limited to economic and non-economic losses. Economic damages include any financial support that the accident victim would have given the plaintiff during their lifetime.
Legal professionals typically calculate these wrongful death damages by assessing the deceased’s employment, life expectancy, and prior earnings. Financial losses also include funeral and burial expenses.
Non-economic damages are more difficult to quantify but are equally as important. They refer to what the victim would have contributed to their family and community in terms of society and companionship, protection, moral support, training and guidance, and intimacy.
The death of a loved one is undoubtedly a tragedy, and fatal accident cases often bring up many emotions for families. Selecting the right lawyer to handle your family’s claim can make all the difference in your potential success. Contact a Glendale wrongful death lawyer today to discuss how our firm could help you.