Posts tagged Wrongful Death

• The Difference Between Wrongful Death and Survival Actions

  Geoff Trachtenberg | April 22, 2007 9:44 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Arizona law provides for two causes of action when someone dies: a wrongful death claim and a survival action. The purpose of providing both actions is to give the parties damaged a complete remedy and opportunity to recover the loss sustained.The wrongful death action is intended to benefit certain survivors -- called statutory beneficiaries -- such as the decedent's parents, children, and...

• The Full Scope of Arizona's Wrongful Death Statute is Still Uncertain

  Geoff Trachtenberg | April 21, 2007 11:13 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Arizona's wrongful death statute still has some ambiguity. For example, ARS 12-612 permits a wrongful death claim to be brought "on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate." What does this last part mean?What damages can the estate recover in a statutory wrongful death action (as opposed to a statutory...

• Is a Medical Malpractice Claim "Mature" If There Is No Present Injury?

  Geoff Trachtenberg | April 19, 2007 8:57 AM | 0 CommentsScottsdale, AZ Category: Medical Malpractice
  

  As a rule, every medical malpractice claim must have four elements -- duty, breach, causation and damages -- and, at least as a general rule, you need all of them to have a cognizable claim. Sometimes, however, there can be an issue as to when a claim is "mature," i.e., complete or ripe.Take, for example, a person who has an increased risk of disease because he has been exposed to a defective...

• The Nature of the Wrongful Death Remedy

  Geoff Trachtenberg | April 13, 2007 10:33 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Unlike most injury claims, wrongful death claims are governed by statute. This has some important and surprising consequences.By way of some background, the reason wrongful death statutes were enacted was because, at common law, there was no such cause of action. As a result, it was often cheaper to kill someone than it was to simply injure them (there was a saying that, "if your carriage runs...

• Wrongful Death and Negligent Loss of Frozen Embryos

  Geoff Trachtenberg | March 21, 2007 10:22 AM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  Unlike most injury claims, wrongful death claims are created and governed by statute. Those statutes typically permit claims by certain family members for the negligent loss of a loved one or, in pure legal terms, a "person." But what qualifies as a "person" is subject to a great deal of political, philosophical and even legal debate.What about frozen embryos? They are genetically complete...

• Settlement Reached in Lawsuit Over Teen's Death

  Christina Cole | March 15, 2007 7:55 PM | 0 CommentsScottsdale, AZ Category: Wrongful Death
  

  A wrongful death lawsuit involving a 16-year-old girl who was killed by a motorist on her way to school, has settled for $225,000 with the city paying up.The suit was filed by the Mother of a junior at Alhambra High School that was killed on November 20, 2004 while she was attempting to catch a Valley Metro bus to get to class.The lawsuit accused the city of negligence in its operation of...