Perhaps the most heartbreaking of all cases, wrongful death arises when someone’s action or inaction causes another’s death. No one is ever prepared to lose a loved one, and certainly no one wants to lose a family member due to another person’s negligence. Arizona has laws that allow families or estates of those killed by the intentional or unintentional misconduct of others to file a wrongful death lawsuit and recover compensation for damages.
Wrongful death claims are relevant in multiple situations, but some recurrent conditions and characteristics surface in these lawsuits. The following information discusses six of the most common types of wrongful death accidents in Arizona.
Trucking accidents form the basis of a large portion of wrongful death claims each year. While trucking accidents may be thought of as any other automobile accident, several notable distinctions make these accidents far more devastating for those involved, particularly for passenger vehicle occupants.
For one, the list of potential causes and liable parties is extensive. From mechanical error and driver negligence to improper maintenance and driver fatigue, the sources leading to trucking accidents can arise from the driver themselves, their employer, the trucking company, a maintenance crew, or other sources.
Due to the sheer weight and size of semi-trucks, tractor-trailers, and 18-wheelers, the force exerted on passenger vehicles during impact is significantly greater than that of another vehicle. Factor in conditions like high speeds and the location of impact, and these collisions usually end up causing catastrophic damage and injuries. Surviving victims experience long-lasting recovery, medical treatment, and emotional distress. Others have wounds so severe that they turn fatal, either immediately on impact or post-injury.
Car accidents happen daily, and it’s an overwhelming fact to comprehend. Because they are hundreds of thousands of people commuting and traveling every day, anything from fender benders to life-threatening car accidents can take place anywhere on the streets of Arizona. Elements like speed, time of day, weather condition, and driver age all play a significant role in the risk of vehicle occupants suffering fatal injuries.
Not all fatal car accidents warrant a wrongful death lawsuit. To pursue wrongful death action, you must prove the at-fault driver’s conduct was in some form negligent or reckless, perhaps in one of the following ways:
People who travel by bicycle, motorcycle, or on foot are much more vulnerable to sustaining fatal injuries than other road users. These individuals lack the necessary protection that other drivers have during a crash, so their body rather than a vehicle frame will be hit with a great deal of force, both when making initial contact with the vehicle and when hitting the ground.
In many cases, bicyclists, pedestrians, and motorcyclists are wrongfully killed in crashes due to another party’s negligence or recklessness. These are often brought on by drivers who aren’t paying attention or who speed uncontrollably in and out of lanes, some intoxicated and others not.
When we think of hospitals or facilities that provide long-term care, we assume they’re safe places. Doctors, staff, and other professionals should implement safety protocols to reduce the risks of hazards and ensure the wellbeing of every patient or resident. The healthcare workers that provide care should be experts with the skill set necessary to handle anything that comes their way. Unfortunately, this isn’t always the case.
Medical malpractice occurs in various ways, including misdiagnosis, improper treatment, surgical errors, and more.Nursing home abuse, also a form of neglect, constitutes any physical, emotional, financial, or sexual harm to a resident.
Medical malpractice and elder abuse are major crises in the United States. These are two separate legal situations that each involve their own set of intricacies, but one of the commonalities shared by the two is that the care provided was below the standard and the lapse resulted in wrongful death.
Some professions present a higher risk of injury for workers. Everyone deserves to be protected from harm at their workplace by working in a safe environment. This is especially true for employees who work long hours or shifts, and duties necessitate physical exertion, driving, or other potentially dangerous conditions.
When employers fail to prevent hazards, maintain workplace settings, and repair damages, workers can sustain a serious injury, illness, or death. Research shows that the most common causes of work-related accident deaths in Arizona include:
Defective products are always harmful to people, even when used the right way. Using a product in the proper way won’t stop it from failing—and that’s what makes these types of cases so devastating. You never know when to expect failure or malfunction of something you use, which means you can’t prepare for it.
In other words, a defective product is any product that poses an unreasonable risk when used correctly as intended—or even when misused, if the manufacturer knew that use was possible. Whether through a flaw in the design, an error during the manufacturing process, or a failure to provide sufficient warning, any product can be defective and cause catastrophic injuries or death to victims.
The wrongful death lawyers at the Jensen Phelan Law Firm are detail-oriented, rigorous, unyielding, and intelligent. We put client satisfaction at the center of everything we do. Our firm is committed to fighting for those who can no longer fight for themselves and for the families who have suffered as a result. No matter your legal situation, we have the resources, insight, and experience necessary to guide you through this time.
From car accidents to serious elder abuse cases, we are well versed in nearly all areas of personal injury and wrongful death. You can trust that we’ll work tirelessly to get you and your family fully compensated after the loss of your loved one. Get started on your claim by calling (928) 910-7268 or filling out an online contact form to request a free consultation today.