Life is priceless and you do everything that you can to keep your loved ones safe. Sadly, there are still situations outside of your control. Whether it is due to recklessness, intentional wrongdoing, or negligence, you may need to file a wrongful death lawsuit in Scottsdale, AZ.
Legal Elements of a Wrongful Death Case
As a surviving family member, you can file this type of claim. No amount of money can replace the person you love, but you have a right to receive compensation for financial losses.
However, several elements must be established to prove that death could have been avoided. These elements include:
- Duty of Care
- Breach of Duty
Duty of Care
The first crucial element to establishing a wrongful death claim is proving someone failed to exercise care to prevent harming another person. You must prove that their negligence caused the death.
Breach of Duty
This element shows the negligent person, such as a doctor, failed in their legal obligation to ensure that your loved one was safe.
Next, you must prove that but for wrongful actions by the other person, your loved one would not have died.
The final element requires evidence to justify the amount of damages you are requesting. An experienced lawyer can help you collect evidence to support damages for medical bills, funeral expenses, and loss of income.
Getting Help with a Wrongful Death Lawsuit
Proving a wrongful death lawsuit in Scottsdale, AZ can be a difficult and complex process. Help from a lawyer experienced with Arizona laws can help to ensure your rights are protected.