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Wrongful Death Settlements: Here’s What You Should Know

Wrongful Death Settlements: Here’s What You Should Know

David Shapiro Law Team April 22, 2022 Personal injury,Wrongful Death

Phoenix Wrongful Death Attorneys

Experiencing the wrongful death of a loved one is devastating. Nothing can make up for the void you may feel. But a wrongful death attorney may be able to secure justice for unforeseen expenses and damages.

As a beneficiary, you have the right to pursue a wrongful death negligence case against the at-fault person, entity, family members, or company.

Below, we’ll review everything you need to know about wrongful death: causes, settlement amounts, how to prove fault, and time limits.

What Is a Wrongful Death Lawsuit?

When an individual is killed due to the misconduct or negligence of another, the surviving beneficiaries will file a lawsuit against the responsible parties.

Keep in mind wrongful death lawsuits (conducted in civil court) are different from criminal charges (conducted in criminal court). Criminal offenses are filed by the state and seek jail time; civil cases are filed by family and seek monetary compensation.

Common Types of Wrongful Death Cases

Unfortunately, wrongful deaths are caused by a variety of situations and factors. Review the most common reasons for wrongful death cases nationwide.

Common-Types-of-Wrongful-Death-Cases - Infographic

Accidents at Work

Depending on the occupation you have, the risk of injury varies. Similarly, if you work a significant amount of hours, the likelihood of suffering workplace injuries and fatalities is significantly higher.

Occupations with higher fatality rates include but aren’t limited to:

  • Fishermen and hunters
  • Logging workers
  • Roofers
  • Construction workers
  • Aircraft pilots and engineers
  • Garbage collectors
  • Structural iron and steelworkers
  • Commercial delivery drivers
  • Mining and underground operators
  • Farmers and agricultural workers

Car Accidents

As you may have predicted, car accidents are the most common cause of wrongful deaths.

Negligent behavior that usually causes deaths includes:

  • Speeding
  • Reckless driving (running lights, stop signs)
  • Not paying attention (improper turns, wrong-way driving)
  • Driving under the influence (alcohol, drugs)
  • Road conditions (no signage, potholes)
  • Night driving

Defective Products

When a loved one dies due to a malfunctioning product’s manufacturing, design, or marketing, the product manufacturer is responsible for the wrongful death.

Malfunctioning product wrongful deaths may include:

  • Toxic foods
  • False claims
  • No warning labels
  • Unsafe children’s products
  • Motor vehicle defects
  • Incorrect user instructions
  • Defective pharmaceutical products
  • Ads encouraging improper use

How-do-you-prove-Wrongful-death

Pedestrian Accidents

Driver negligence incidents involving pedestrians have a higher likelihood of fatality because there is no protection for pedestrians.

Semi-Truck Accidents

18-wheelers are in a separate category because, in the event of an accident, wrongful deaths are much more likely.

The majority of semi-truck wrongful deaths are caused by:

  • Driving with an oversized load
  • Mechanical issues
  • Driver error
  • Aggressive driving
  • Loss of control
  • Driving while fatigued

Less common wrongful death accidents include:

  • Nursing home abuse
  • Premises accidents
  • Birth injuries

How Are Wrongful Death Settlements Paid?

If your case is successful, the at-fault party’s insurance company will send a check to the plaintiff’s lawyer for the agreed amount. After legal representation deducts a small fee, funds will be paid to the plaintiff’s estate and go to the beneficiaries.

How Much Can You Sue for Wrongful Death?

Each case is unique, but typical wrongful death settlement amounts are based on the monetary damages associated with his/her death. This process is followed by assessing and evaluating damages for pain and suffering.

This may seem like a complex process, but don’t worry. Your representing attorney will properly calculate the necessary numbers to reach a fair figure.

Time Limits for a Wrongful Death Lawsuit

The victim’s beneficiary has up to two years from the date of their death to file a wrongful death claim in Arizona*. If you’re looking to prove wrongful death negligence, it’s best to seek legal counsel as soon as possible.

How Do You Prove Wrongful Death?

To prove negligence resulting in death, your representing litigator needs to do the following:

  • Prove duty
  • Prove breach of duty
  • Prove causation
  • Prove damages

Despite what you may think, when it comes to wrongful death, the intent is irrelevant. Your lawyer only needs to prove that misconduct led to the loss of your loved one’s life.

Reach Out to David Shapiro Law Team in Scottsdale

Wrongful death lawsuits can be confusing and stressful. That’s why you need a trustworthy law firm like David Shapiro Law, PLLC, to help you get justice. We specialize in wrongful death lawsuits, and we’ll provide the legal support you need. Unexpected deaths are difficult to process, but wrongful death negligence should always be held responsible.

Secure the compensation for an untimely loss of life with the David Shapiro Law team. Request your free legal consultation today.

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