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Wrongful Death

What is wrongful death?
Wrongful death is a legal claim against any person, business and/or insurance company who could possibly be held liable for the death of a person which could have been avoided if reasonable care was used. This could be negligent or willful conduct on the person held responsible.

Who may sue for wrongful death?
A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members). This lawsuit can compensate the survivors' loss, such as lost wages from the deceased, lost companionship, and funeral expenses. The deceasedís child might be entitled to compensation for the personal loss and financial support of the biological parent or custodial parent. For a spouse, the loss of love and companionship of a spouse.

What type of incident?
Wrongful death claims involve all types of fatal accidents: car, boat, airplane accidents, criminal acts resulting in death, medical malpractice or product liability cases. The Plaintiff in these cases is required to show by a preponderance of the evidence a person or corporation was negligent, the negligent act or omission is the cause of the death of your loved one. Wrongful death is the only available remedy against a company.

Has the deceased signed a waiver?
Some people and corporations can protect themselves from liability if a waiver is signed; however, this waiver needs to be reviewed by an experienced attorney. Your recovery can depend on one word or one comma in a waiver. This is a very complex legal document. Not all waivers are drafted equally. Please call for a free consultation to determine your options.

When do we have to decide to start a lawsuit?
There could be some restrictions depending on the circumstances of the case. The best advice is to call Jay Bidwell at (928) 855-5115 as soon as possible to determine what your options are. You will be in a better position once an experienced lawyer can listen to what happened and can give you accurate legal advice. Wachtel Biehn and Malm is aware there is no amount of money can remove the pain and suffering of losing a spouse, a child, a parent or sibling. But, a wrongful death lawsuit result will most likely provide you and your family with the financial means to pay any outstanding medical bills and to support your family moving through this difficult time into the future. Filing a wrongful death action will most likely require the person or entity to make crucial changes that can prevent the tragedy from hurting another family.

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Areas of practice:

  1. Personal Injury (Car, Motorcycle, Boat, Dog Bites)
  2. Wrongful Death
  3. Criminal/ DUI
  4. Wills, Trusts and Estates
  5. Business Law
  6. Real Estate
  7. Construction Law

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