If someone you love dies in an accident, there may be grounds for a wrongful death action. A wrongful death claim means the death was due to the negligence of another person or party. This type of action is filed on behalf of the victim’s estate against the liable party. The estate includes the real parties who may be immediate family members. However, some states allow domestic partners and other financial dependents to recover. To navigate this complex legal process, it’s important to consult a knowledgeable wrongful death lawyer in Peoria, AZ who can guide you through your rights and help seek the compensation your family deserves.The persons or parties that can be sued include:
1. an impaired driver in a fatal accident
2. manufacturers of faulty products
3. a hospital or nursing home
People who need a wrongful death lawyer in Peoria, AZ should explore the wrongful death lawyers nearby. These lawyers have years of experience handling a variety of cases. Lawyers often explain that wrongful death actions are complex because the burden of proof is on the plaintiff. The plaintiff has to prove that the defendant owed a duty of care to the deceased person. For example, in a car accident, the driver has the responsibility to drive without being impaired. Further, the plaintiff needs to show the Court that the defendant breached a duty of care owed to the plaintiff. An example would be a doctor who fails to diagnose a patient properly. Finally, the plaintiff has to prove causation. For instance, the doctor misdiagnoses the patient and they die of cancer as a result.
The Wrongful Death Lawyer in Peoria, AZ explains estates may recover economic, non-economic and punitive damages. Economic damages include:
1. medical and funeral expenses
2. loss of the deceased’s pension
Non-economic damages include pain and suffering and loss of love and companionship. Punitive damages are awarded to punish the defendant if they show extremely bad conduct. For example, a driver may be punished if they kill someone in their third DUI accident. Additionally, some states allow victims to recover triple damages in actions against negligent nursing homes. The statute of limitations on wrongful death actions is usually two years. However, in certain cases, like medical negligence, the time does not start to toll until the act is discovered. Be sure your rights are protected by hiring the most experienced lawyer possible—Gerber Injury Law offers the legal expertise and compassion needed in such difficult times.
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