Seeking Compensation After an Avoidable Death in Phoenix, AZ

by | Oct 27, 2023 | Attorney

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Losing a loved one is hard enough, but you want justice when a negligent act causes their death. In Arizona, personal injury laws require a personal representative to start the best wrongful death lawsuit in Phoenix, AZ. While it’s a civil case, the family can seek financial compensation for their economic losses because of the victim’s death.

What Circumstances Warrant a Lawsuit?

The first objective of starting the lawsuit is to show cause. The defendant’s actions must be negligent or criminal to prove wrongful death. Most wrongful death cases involve a car accident where the accountable driver was intoxicated or under the influence when they caused the accident. Other reasons include medical malpractice and intentional crimes such as domestic violence, murder, assault, and battery.

Autopsy Reports and Evidence

The autopsy report must show a cause of death that proves the defendant’s negligence. Medical records, witness testimony, and sometimes, a pathologist or medical doctor’s insights provide evidence. A personal injury attorney gathers proof according to the cause of death.

The defendant’s accountability is the foundation of a wrongful death lawsuit in Phoenix, AZ. These civil lawsuits don’t result in a prison sentence; however, if a crime is the cause of death, the state may prosecute the defendant in criminal court, too.

Is a Conviction a Prerequisite?

No, the family doesn’t have to wait for a criminal conviction to start a motion in civil court. The purpose is to prove that the defendant caused the victim’s death and hold them financially accountable for economic losses incurred by the plaintiff.

A wrongful death lawsuit isn’t the same as a survivor’s action. In these cases, you are proving liability and collecting the money you paid for medical treatment and funeral expenses. Discussing your case with an attorney helps determine which legal action is appropriate.