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How Do You Prove a Wrongful Death in Court?

Nina Zade • Nov 22, 2021

When a person dies as a result of careless behavior or negligent actions of another individual or party, the surviving members of the family have the legal right to file for a wrongful death case in civil court.

In all states, including Arizona, there are specific rules that govern claims for wrongful death cases. Just because someone dies in a hospital, at work, or in a motor vehicle accident, that fact in itself doesn't automatically mean there can be a wrongful death lawsuit.

What Exactly is a Wrongful Death Case?

Unlike a criminal trial, a wrongful death claim is a civil lawsuit pursued primarily to obtain monetary damages. The individual bringing the wrongful death lawsuit (plaintiff) does it on behalf of the other family members of the deceased.

The opposing individual (defendant) or party does not go to jail, but pays a monetary fine. If the individual who died had no Will, then the court appoints a personal representative or an executor of the estate.

In this scenario, the estate's personal representative will be the plaintiff and file a lawsuit on behalf of the heirs of the deceased. In all cases, when the wrongful death claim is filed, the plaintiff will allege that the defendant acted negligently or intentionally, resulting in the premature death of the decedent.

Proof of Negligence

How do you prove wrongful death? Once a wrongful death lawsuit has been filed, the responsibility is on the plaintiff (or the wrongful death lawyer) to prove to the court and jury that the defendant(s) was(were) careless or negligent in his or her actions resulting in the death of the decedent.

For example, if your father was crossing the road and got hit by a car, the onus is on the plaintiff to show that the defendant was negligent. Was the defendant distracted, was he drunk, was he texting, eating, or talking to someone in the car that led to the accident? This evidence may be obtained from the police report which may indicate that the driver was texting or talking on the phone, or perhaps was intoxicated. The lawyer may also get more evidence from any nearby cameras, and by speaking to witnesses in the vicinity.

In another scenario, say your brother goes to the hospital for an elective hernia repair surgery and dies a day after surgery from a blood clot in the lungs, then a lawyer can order the medical records to determine what exactly happened. The current standard of care to prevent blood clots is to place patients on blood thinners and recommend wearing compression socks.

Did the hospital do that? Was the blood clot diagnosed during the early stage? Was any treatment given? This may require the consultation of a medical expert to review the chart and determine the chronology of events. The key is to find out if there was negligence and who was responsible for the death before one can be awarded any damages. In general, the attorney for the wrongful death lawsuit will need to prove the following elements of the case:

Duty of Care: The lawyer has to prove to the court that the defendant owed a duty of care to the decedent. For example, if your father was crossing the road and got hit by a speeding car, the lawyer has to prove that the defendant did not obey the traffic laws and wasn't driving with caution. If it is discovered that the defendant failed to obey the traffic laws, and his/her actions resulted in a death, that could be classified as a wrongful death case.
Breach of duty of care: The lawyer also has to prove that the defendant breached the duty of care to the defendant. Again, if your brother died in a hospital as a result of a blood clot, then the lawyer has to prove to the court that the current standard of care of such patients was breached. What was expected of the physicians in the same scenario? Forgetting to provide compression stockings and a blood thinner are acts that fall below the standard of care.
Causation: Just stating that the defendant was negligent or breached the duty of care may not be sufficient to win the case. Often the lawyer for the plaintiff has to show that the defendant's actions directly caused the death. For example, if your brother had a blood clot in his legs, was he ever examined by anyone to discover a clot? Did anyone ask him about symptoms? Was any testing done to look for blood clots? Was any treatment provided to dissolve the blood clot? The key is to show that whatever the defendants did or did not do resulted in the death of the patient.
Burden of Proof: The onus is on the plaintiff’s lawyer to meet the burden of proof. What this means is that the plaintiff/lawyer must present all the facts of the case and show that the weight of the evidence clearly indicates that the defendant and no one else was responsible for the cause of the death. Or, in other words, that “it is more likely than not” or is “beyond a reasonable doubt that the defendant was responsible for the cause of the wrongful death. Just presenting medical experts at the trial is not enough to meet the burden of proof; rather, the lawyer must have credible and measurable evidence that the defendant did something wrong or was negligent. If the burden of proof is not met, then the plaintiff will not recover any damages.

Fortunately, the majority of wrongful death lawsuits are resolved during a pretrial settlement. In some states, the judge or the jury may decide if the plaintiff has met the burden of proof based on the evidence presented.

The Damages

How do you prove a wrongful death in court? The wrongful death lawyer has to show that the defendant owed the victim a duty of care and because the duty was breached, it resulted in the death of the loved one.

Finally, to be eligible for damages, the plaintiff has to show that the family has suffered financial damages as a result of the death. The following financial losses can be compensated:

All funeral and burial expenses
Cost of any medical care your loved one received before his or her untimely death
If the decedent was the breadwinner, then the family can claim for all the living expenses, lost income, and potential future income, including any pension that the individual may have earned
The family may even be able to claim for non-economic damages, like pain and suffering, loss of companionship, etc.

Know the Statute of Limitations

In Arizona, the statute of limitations for wrongful death claims is two years from the time of death. If you are late by even one day, the court may refuse to hear your case. It is, therefore, important to consult with a wrongful death attorney as soon as possible,

Conclusion

How do you prove wrongful death? To win a wrongful death lawsuit requires the collection of the best quality evidence to present to the court. Hence you need an experienced attorney who knows what is at stake and knows what has to be done regarding the collection of good evidence and facts. The lawyer can help build a case based on the evidence to indicate to the court and jury that the burden of proof has been satisfied.

Give us a call today if you think you might need a wrongful death lawyer: 602-230-2916

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Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. 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Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. 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Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.

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Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons. For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke. In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources . In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. 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In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation.