Wrongful Death FAQs

Information from Our Phoenix Wrongful Death Attorneys

If you believe that the death of your family member or loved one was wrongfully caused by negligence or some other liability, you may have a viable wrongful death claim. Although there are differences between each state’s wrongful death statutes, it’s important to be aware of the general guidelines of wrongful death claims. Below are several frequently asked questions to help you clarify and understand your rights. Families can also contact Cullan and Cullan , serving Arizona, Kansas, and Missouri, to speak with our wrongful death attorneys. We understand the tremendous grief and stress you are feeling, and we can help you during this difficult time.

Frequently Asked Questions: Wrongful Death

What is a wrongful death lawsuit?

A wrongful death lawsuit is a civil suit filed against the party responsible for causing a death. Almost always filed by close relatives of the decedent, wrongful death claims allege that the victim was killed by either the deliberate or unintentional actions of the defendant. For example, medical malpractice, drunk driving accidents, distracted driving accidents motorcycle accidents, defective products, car accidents, semi tractor trailer accidents, and nursing home negligence are common causes of wrongful death.

Who can file a wrongful death claim?

The law differs from state to state as to who can file a wrongful death claim. Therefore, it is very important to check with a lawyer for specific information about your state. If you are an immediate family member (parent, spouse, or dependent child), grandparent, or legal dependent of the deceased, you could be qualified to file a wrongful death claim. In order to file the claim, there must be proof that it was indeed the accidental, negligent, or intentional actions of the defendant that caused the death. Residents of Arizona, Kansas, and Missouri can contact our wrongful death attorneys for more information. We can evaluate your case and help you understand your rights.

Is there a time limit to filing a wrongful death claim?

Yes; wrongful death claims do have time limitations. The statute of limitations (the length of time in which a claim must be filed) for wrongful death suits vary from state to state. They can also vary depending on the party who is responsible for the death. For example, in some states, if the defendant is a government entity, the plaintiff might have to file a notice of injury or death within a very short period of time. In some states, the limitations begin at the time of death, and in other states, they proceed from the time that a wrongful cause of death is discovered. In some cases, the time that the events which cause the death were set in motion. For example, if a man does not discover that his wife was the victim of medical malpractice until a year after her death, he might still be able to file a wrongful death claim. It can be complicated, and you should not assume that you do not have a case. Call a lawyer. To learn more about the statutes of limitations, contact our wrongful death attorneys today.

What damages can be recovered in a wrongful death lawsuit?

Although no amount of money can compensate for the loss of your loved one, financial security can be an important step in helping your family heal. Increased stress from financial burdens can be greatly relieved with a wrongful death lawsuit. In general, the damages recovered in a wrongful death lawsuit relate to the medical and funeral expenses incurred; the loss of future income, inheritance, and consortium. Recoverable damages, including punitive damages, vary between jurisdictions.

Our Phoenix wrongful death attorneys are experienced with helping the families and loved ones of victims through this kind of lawsuit. Please contact Cullan and Cullan  today to consult with a member of our legal team.