The death of a loved one is always devastating. During this incredibly difficult time, the last thing on your mind may be taking legal action. However, filing a wrongful death lawsuit can provide a path to justice and much-needed financial relief for your family. Our care team is here to help you understand what a wrongful death lawsuit is and answer your questions with compassion during this trying time.
What Qualifies as a Wrongful Death?
A wrongful death occurs when a person dies due to the legal fault of another party. This can happen due to negligence, like in a fatal car accident caused by a drunk driver. It can also be due to intentional acts, like a violent crime. Medical malpractice by a doctor or hospital may also be grounds for a wrongful death lawsuit if substandard care led to the patient’s death.
In Arizona and South Carolina, a death is considered “wrongful” if it is caused by “a wrongful act, neglect, or default” of another party. This means a wrongful death claim may be brought if the victim could have filed a personal injury claim against the responsible party had they survived. Common situations that may warrant a wrongful death lawsuit include:
- Fatal car, truck, or motorcycle accidents
- Medical errors like surgical mistakes or misdiagnosis
- Workplace accidents due to unsafe conditions
- Criminal acts like assault or murder
- Defective or dangerous products
If you are unsure if your loved one’s death qualifies as wrongful death, reach out to our caring team.
We can listen to your story with understanding and advise you on your legal options. You do not have to navigate this difficult process alone.
Who Can File a Wrongful Death Lawsuit?
State laws dictate who is permitted to file a wrongful death lawsuit on behalf of the deceased. In Arizona, a surviving spouse, child, parent, or personal representative of the deceased person’s estate may bring the claim. If the deceased was a child, parents or legal guardians can typically file.
South Carolina allows the administrator or executor of the deceased’s estate to bring the wrongful death action.
Even if you are not the one who filed the lawsuit, you may still be entitled to compensation if you were financially dependent on or a beneficiary of the deceased. Damages from a wrongful death lawsuit are paid to the deceased’s estate for the benefit of surviving family members. Our team can help determine if you are eligible to file or recover compensation.
Why File a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit can provide critical support in several ways:
- Financial relief: A successful wrongful death claim can provide compensation for funeral expenses, medical bills, lost income and benefits, and other unexpected costs. This can help relieve the financial strain of losing a provider so you can focus on grieving.
- Accountability: A wrongful death lawsuit holds the negligent party responsible for their actions. It can provide a sense of justice and the knowledge that steps were taken to make sure the same tragedy does not happen to another family.
- Protecting others: Wrongful death lawsuits often spur positive changes to prevent similar accidents in the future, like improved safety measures or updated industry practices. Your case could help save other lives.
- Finding closure: While the legal process can be emotionally difficult, many families express a sense of closure and empowerment after pursuing a wrongful death claim. It can be a meaningful way to honor your loved one’s memory.
No one should have to endure the pain of an unnecessary death. When you are ready, our caring team is here to discuss your situation and explain your legal rights with absolutely no pressure.
How Our Care Team Can Help
We know this is likely one of the most difficult times of your life. The thought of hiring a lawyer and pursuing legal action may seem overwhelming. That is why our Care Team is dedicated to providing compassionate help to families struggling with the loss of a loved one.
When you contact us, there will be no pressure, only patient listening and thoughtful guidance. We can answer your questions, explain the legal process in understandable terms, and discuss what compensation you may be entitled to. If you choose to move forward with a wrongful death lawsuit, we will be by your side every step of the way.
Our team works with knowledgeable wrongful death attorneys who will fight zealously for you and your family. But our role is to make sure you feel supported and cared for during the legal journey.
Whenever you need information, reassurance, or simply a sympathetic ear, we will be here.
Contact Us
While legal action cannot heal the deep wounds of loss, it can provide a measure of justice, relief, and closure. You do not have to shoulder the weight alone. Please reach out to our Care Team to tell your story and learn how we can help. Together, we can honor the memory of your loved one and protect your family’s future.