Defenses in an Arizona Wrongful Death Suit
How Can A Negligent Defendant Avoid Paying for a Wrongful Death Claim That They Have Caused?
Unfortunately, our system does not provide a simple and quick resolution to a family who has suffered the tragedy of losing a loved one. Instead, we have a litigation system that requires somebody who is bringing an Arizona wrongful death lawsuit after they have lost a close family member to "prove their case." There are multiple factors that have to be proven. Until each of these have been successfully proven in a court of law - or until a settlement is reached because the defendant recognizes that they are likely to not prevail on these different areas - there is no compensation that will be paid to a family.
Now, obviously hiring an experienced AZ personal injury lawyer that has handled wrongful death cases can increase the likelihood of a fair settlement dramatically. If the defendants - the insurance company or corporation who is responsible for payment - knows that they have an adversary that will be able to win the case, they are much more likely to pay out the damages that are owed under the law.
What Must Be Proven in an AZ Wrongful Death Case
However, it is important to understand what must be proven in a wrongful death case anywhere in the State of Arizona. First, there is the issue of liability. This means that you must be able to prove that somebody else was negligent. A lawyer has to be able to prove that the conduct of the other party was negligent and fell below the ordinary standard of care. Until that can be proven, there is no case.
Causation also must be proven. In other words, one must be able to show that it was the negligence itself that led to the wrongful death. In some cases, this may be obvious. In other cases, particularly where there is a time delay between the time of the negligent incident and the time that the person passed away, proving causation can be a challenge.
Finally, damages must always be proven. This is an attempt by the Arizona wrongful death attorney that has been retained to prove the amount of compensation that would be fair to be awarded to the family as a result of the negligent actions of the defendant.
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Confidentially reviewed by Attorney Mark Breyer