Arizona: Wrongful Death
Wrongful death suits, claim the liability of a manufacturer or entity responsible for the death of an individual. The blame that is represented by the fault of a manufacturer or company that has knowledge of the dangers and have not fully educated the public in their foreknowledge of presented dangers. Legal representation are necessities in any case brought before the courts of government. Not only does it increase the chances for awarded monetary solutions, but when definite and specific claims against an entity at fault, the court can recognize the significant blame of the said entity in question.
Accidental death occurs at an alarming rate throughout the world. According to the U.S. National Safety Council, two people every ten minutes are killed in this manner. What a lot of people overlook, is that there is compensation available to victims, as well as family members of a victim of an accident. The eligible recipients of such a claim are as follows:
1. Immediate family members: Includes parents, spouses, and children are able to file a claim with the court. Providing that a minor has an adult who can file the claim on their behalf.
2. Other family members: Stepparents, grandparents, and dependents.
There are many diverse wrongful death claims available. With each claim, there are specific circumstances that place fault on the defendant of such a case, as knowingly withholding safety information from the public or pertaining to a specific event that leads to a person’s death. Some examples, that have been produced in court are as follows:
1. Prescription drugs: Over 200,000 Americans die per year, due to prescription drug reactions.
2. Auto accidents: Approximately twelve million occur per year (according to the NSA.)
3. Transportation accidents: Around 40,000 of the three million accidents a year, result in death.
4. Amusement Park accidents: Over 5,000 emergency room visits occur from these injuries.
5. Bicycle accidents: One million children per year are injured from bikes.
6. School Bus accidents: Of the 12,000 estimated injures, 130 people die each year.
7. Boating accidents: According to the U.S. Coast Guard, over 700 fatalities occur per year.
8. Swimming accidents: Over 1,000 children die annually.
9. Motorcycle accident: 80 percent of all accidents result in injury or death.
10. Train accidents: Of the 3,00 train accidents per year, 1,000 people lose their lives.
11. Slip & Fall accidents: 15 percent of all these accidents, result in death.
12. Truck accident: Every year results in 5,000 car drivers and passengers to lose their lives.
13. Construction accidents: One out of ten construction workers die on the job.
14. Mesothelioma: 4,000 people die every year from this cancer caused by asbestos exposure.
There are many more specific detailed wrongful death claims available to the public. As in each of the examples listed, there are specific faults that are presented. With the proper representation, and the self educating of the specific laws and statutes, compensation can be awarded to victims and family of the deceased.
Statutes Of Arizona State Legislature: Wrongful Death
1. Liability (12-611): When the resulting death of a person is due to wrongful acts, neglect, or default; plaintiffs in such a case can be awarded compensation for damages incurred by the death. This statute holds the company or person liable, who caused or propagated the occurrence of an accident, resulting in death.
2. Parties Plaintiff; Recovery; Distribution(12-612):
A. The action for wrongful death is brought before the court by the surviving member or members of the family as a representative of the deceased.
B. Parents and/or guardians are permitted to file a claim on their dependent or child behalf, who has suffered a wrongful death.
C. The awarded amount shall be distributed to all parties in subsection “A” for damages incurred. If recovery of property is presented, that too shall be awarded to the plaintiff(s).
D. A personal representative are legally able to pursue wrongful death claim, without any further action necessary on the plaintiff(s) behalf.
3. Measure Of Damages; Nonliability For Debts Of Descendant(12-613): In an action for wrongful death, the jury is instructed to give damages as is fair and just in reference to the injury resulting from the death to the surviving parties. The amount recovered shall not be subject to the debts or liability of the deceased, unless the action is brought before the court on the behalf of the descendent’s estate.
You must always consider the legal ramifications that ensue the companies and corporations who own, employ, or are directly responsible, when considering a wrongful death suit. The government and law requires accountability of these institutions and their own liability of the actions of manufacturing and employment of any structured involvement in the death of a person. No matter how vague it may seem at first, the legal representative that you employ to distinguish the guilt of an external person or object that has resulted in the death of another person. Taking the correct steps, and giving foresight to the problem at hand, can award you the necessary and rights to receive monetary evaluation. Furthermore, to take no step at all in such a dire situation, and not institute the legal representation necessary in the court of law, can be the downfall of any case.