Scottsdale Wrongful Death Lawyer

Wrongful Death Lawyer Scottsdale, AZ

Losing a loved one is never easy, and a wrongful death lawyer Scottsdale, AZ families trust from SL Chapman Trial Lawyers has seen before, it is even more difficult if a medical error is the cause of their death. Unfortunately, though, medical workers are human, and mistakes do happen. However, there are things that you and your family members can do in this situation. In many cases, you can receive financial compensation. Your claim can also help prevent similar errors from happening in the future. Consider these three things to do if your family member died as a result of a medical worker’s error.

Obtain Hospital Reports

One of the most critical pieces of evidence you can gather for your claim is the hospital record. The hospital should have a report that outlines the incident. If not, ask for all health records of your deceased relative. You can present these records to medical expert witnesses, who can determine if medical errors were made. Medical malpractice occurs when any provider fails to act at the standard level of care. Hospital reports can help identify flaws in the care that your loved one received.

Contact a Medical Malpractice Attorney

There are many branches of law, and one of those pertains to medical malpractice. When filing this type of claim, you want an attorney who has experience in this field, such as a Scottsdale wrongful death lawyer from our law firm. You should review a lawyer’s credentials and track record before hiring him or her. Having the right legal team on your side is essential for winning your case, so take time to research your options. However, do not wait too long to file a claim, as there are statutes of limitations in some states.

Negotiate Compensation

After you hire an attorney, he or she may attempt to directly negotiate with the medical facility. If you do decide to settle, make sure it is a compensation package that you are comfortable with. Your lawyer can help you determine if the compensation being offered is fair under the circumstances. If you are not satisfied with what is offered, your case may proceed to a court hearing. While this is the right option for some cases, it will be a longer period of time before you receive compensation.

After a loved one dies due to medical staff error, there is understandably grief and bitterness. However, it is important to honor your loved one’s memory by fighting to ensure the same errors do not take place in the future. With these tips in mind, you can be on your way to successfully filing a medical malpractice claim. Don’t hesitate to reach out to a Scottsdale wrongful death lawyer from the team at SL Chapman Trial Lawyers today for empathetic and strategic legal support. 

Pursuing Damages for Wrongful Death

As a wrongful death lawyer Scottsdale, AZ will share, accidents happen every day, and for some, these accidents can result in significant injuries. Unfortunately, some victims may suffer fatal injuries. There are several ways a deadly accident can happen, and as a result, it may be possible for eligible parties to file a wrongful death claim against the responsible party. Damages can be extensive, resulting in funeral expenses, costly medical bills, lost financial support, and more. However, when pursuing this as an option to hold the responsible party accountable, victims should seek help from an experienced law firm. There are several complexities involved in the process of filing and negotiating a wrongful death case, which is why working with a firm like SL Chapman Trial Lawyers, is essential. A legal professional can assist with compiling evidence and strategizing a legal case that aims to achieve the best outcome possible. 

Situations Involving Wrongful Death

Losing a loved one is always impactful, but it can be especially devastating when someone passes away from an accident another person has caused. These fatalities are untimely, and people are often unprepared for their occurrence. Because of this, in addition to the grief that loved ones will contend with, they may experience financial losses. Common types of wrongful death cases that may call on the assistance from a lawyer  include:

• Medical Malpractice
• Car Accidents
• Motorcycle Accidents
• Work-Related Accidents
• Product Liability Cases

Amidst enduring the five stages of grief, the family will begin adjusting to their new normal. Filing a wrongful death claim may be a way for the estate to be compensated for losses so that beneficiaries may receive damages due to the negligence that the victim experienced. 

Bringing Forth a Legal Claim

As a Scottsdale wrongful death lawyer will tell clients, if you are considering whether to take legal action for wrongful death, it’s essential to speak with a professional. A consultation with prospective lawyers is typically the most appropriate way to have questions answered and review the details surrounding the accident. While it may seem evident that deceased victims cannot file a wrongful death claim for their case, it’s essential to be aware that only specific people within the family. In addition, in some situations, families may file more than one lawsuit, and only one can be filed, meaning separate claims are typically consolidated into one. 

Proving Wrongful Death

When pursuing cases of this nature, the plaintiff and their lawyer are responsible for providing evidence supporting their claim for damages. To do so, substantial evidence must be provided that supports each key element which includes:

• Duty of Care: to act reasonably and responsibly to prevent harm from coming to another person.
• Breach of Duty of Care: the defendant failed to uphold their duty of care by acting negligently and causing harm to another person.
• Damages: to pursue a claim, the victim must have experienced damages and losses, including injuries, medical expenses, lost wages, and more. 
• Causation: the plaintiff must prove that the damages were because of the defendant’s negligence and breach of duty of care.

If your loved one has passed away and negligence was a factor, it may be in your best interest to seek counsel from our Scottsdale wrongful death lawyer from SL Chapman Trial Lawyers as soon as possible. 

4 Common Issues In Wrongful Death Cases

You may want to speak to a trusted Scottsdale, AZ wrongful death lawyer about your options if you have lost a loved one who you believe to have died because of negligence. When a loved one dies because of a tragedy that could have been prevented, it makes the grieving process much more difficult and challenging. Wrongful death cases are especially tough to work on because of the tragic circumstances, so having a lawyer to help you can relieve you of the burden. There are many things that can come up in a wrongful death case, but a lawyer will know how to navigate all of them. Issues that many wrongful death lawyers like one at SL Chapman Trial Lawyers often see are explained below. 

The insurance company is disputing you.

The insurance company is rarely on your side whenever you are working on a legal case. For wrongful death cases, insurance companies are even more skeptical to compensate victims. They often ask claimants questions about the case and its credibility, and it is common for them to even dispute them. If you are struggling to deal with the insurance company because of a dispute over your claim, you can depend on a Scottsdale wrongful death lawyer to step in and resolve the matter. 

You do not have much evidence.

Not having enough evidence for a wrongful death case is a problem that many surviving loved ones have. Preparing evidence for a wrongful death case is not the easiest task to complete. You may have difficulty getting the evidence that you need because it is being withheld from you. However, with the help of a lawyer, you may be able to gather evidence more quickly. They can speak to whoever they need to in order to get the evidence for your loved one’s wrongful death case. You can count on a lawyer to gather enough compelling evidence to prove that the elements for wrongful death are present. 

Your settlement offer is too low.

When the settlement offer is too low, you will benefit from hiring a lawyer to assist you with your case. They will know what to do when the insurance company is trying to argue that the settlement off they have reflects the compensation that you deserve. However, do not accept the offer if the insurance company is telling you this argument. Have a lawyer do the negotiations necessary until the insurance company agrees to a settlement that you deserve. 

You need to know if you are eligible to file a claim.

Only certain family members are eligible to file a wrongful death. It is restricted to parents, spouses, children, and guardians. However, there are exceptions. If you are struggling to file a claim, meeting with a lawyer can help you move forward and determine whether you have a legal right to file a wrongful death claim. Reach out to a trusted Scottsdale wrongful death lawyer so you can get the urgent legal counsel that you need and get justice for your loved one. 

4 Common Issues In Wrongful Death Cases Infographic

Wrongful Death FAQs

A Scottsdale, AZ wrongful death lawyer understands that any time a loved one dies, it is difficult for the family they leave behind. But when their death was caused by the negligence or recklessness of another party or parties, the loss and grief for their family can be devastating. In these tragic situations, Arizona law does allow the survivors to file a wrongful death lawsuit against the party liable for the accident that caused the death. The following is a brief overview of wrongful death lawsuits. For more detailed information about your situation, call SL Chapman Trial Lawyers.

Can a wrongful death lawsuit be filed even if there were no criminal charges filed against the at-fault party?

There are many accidents that occur that result in a person’s death that – although avoidable if not for the negligence of the at-fault party – were not criminal in nature. For example, let’s say a driver is talking to passengers that are in the vehicle with him. He may not be as focused on the road as he should be because he is having an animated conversation with the other people in his vehicle. Due to this distraction, he doesn’t see a person who is crossing the street in the crosswalk and ends up slamming his vehicle into the pedestrian, who dies from their injuries. Although the driver was negligent, his acts were not criminal, so he is not charged with a crime. However, the victim’s family can file a wrongful death lawsuit against the driver.

If there are criminal charges, does that interfere with any civil action a family may want to take?

Absolutely not. In fact, criminal charges can even be used as evidence in a wrongful death lawsuit. Looking at the example used above – let’s say that driver who hit the pedestrian had been with those passengers at a bar where they were all drinking. That driver was then arrested at the scene of the accident and charged with driving under the influence. The family can still pursue their civil claim against him.

Does the family have to wait until the criminal case has been resolved before filing their lawsuit?

As a Scottsdale wrongful death lawyer can explain, the state has a statute of limitations for how long a family has to file their wrongful death lawsuit. Once that window has closed, so has any opportunity of filing a lawsuit. Given how slow the criminal justice system can move, you do not want to wait to file your case.

What type of fatal incidents can result in a wrongful death lawsuit?

Both unintentional and intentional incidents that cause the death of someone can result in a wrongful death filing. The following are some of the incidents our lawyers have seen in the wrongful death cases we have handled:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle and pedestrian accidents
• Slip and fall accidents
• Premises liability
• Dangerous or defective products
• Medical malpractice
• Workplace accidents
• Negligent supervision
• Assault
• Sexual assault

What damages are recoverable?

The victim’s family may recoup damages for a number of losses their loved one’s death has caused:

• Funeral and burial expenses
• Medical expenses for the life-saving attempts of the victim
• Loss of the victim’s love and guidance
• Loss of the victim’s financial support
• Emotional anguish

In cases where the at-fault party’s behaviors were especially egregious, the family may be awarded punitive damages, as well.

If you have lost a loved one, call our office today to learn more. A Scottsdale wrongful death lawyer from SL Chapman Trial Lawyers will evaluate your case to determine what damages your family may be entitled to.