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Losing a loved one is always difficult, but it’s even more painful when the loss is due to someone else’s negligence. You want to hold the other party accountable, but if the actions weren’t criminal, you might not be sure what to do. Filing a wrongful death lawsuit is a way to seek justice for your loved one.
It’s hard to know what steps to take when immersed in grief. Our wrongful death lawyer will advocate for your loved one and your family and work to bring the at-fault party to justice. Contact us today for a free consultation about your case. You will speak directly to our attorney during your consultation.
You might be able to file a wrongful death claim if someone caused your loved one’s death. Most of these claims are filed as a result of:
Contact our wrongful death lawyer today if you think you have a case. Our attorney will go over the matter with you and explain the next steps.
Wrongful death is the legal term used when someone passes away due to negligence, default, or a wrongful act. Essentially, someone doesn’t uphold his or her duty of care, which leads to an accident or action that causes fatal injuries. This is much like a personal injury lawsuit, but it’s on behalf of the deceased.
For example, assume that a drunk driver collided with your loved one, causing fatal injuries. By driving while intoxicated, the motorist breached his or her duty of care. Additionally, the breach caused an accident, which led to the victim’s death. This is a basic example, but it illustrates the process of proving personal injury claims.
Since you must meet specific criteria to pursue damages, consult with our wrongful death lawyer before moving forward. After going over the evidence, your attorney can let you know if you have a claim.
The law for filing wrongful death claims differs in Arizona. the estate’s personal representative would need to file the claim. However, if the person did not create an estate plan, the court would name the personal representative to settle the estate. Then that person can move forward with a wrongful death claim. Any compensation awarded will go to the beneficiaries of the estate, not the personal representative, though.
The law is different in Mesa and the rest of Arizona. The personal representative for the estate can file a claim here as well. However, surviving spouses, parents, children, and guardians have the same right to file a claim.
If you’re unsure if you have legal rights to a wrongful death lawsuit, contact us today. Since you’ll speak directly to our wrongful death lawyer, you can get answers to this and other questions during your consultation.
The damages vary based on the nature of the claim. However, you might be eligible to collect compensation for funeral and burial expenses, lost wages, financial contributions, medical expenses, and more. First, your wrongful death lawyer will need to investigate the claim. Then your attorney can value your case and begin the negotiation process. If the insurance company refuses to provide a fair settlement, your attorney can escalate the case to trial. Then your lawyer will advocate for your loved one in the courtroom.
Wrongful death cases are treated as personal injury claims, so they have the same statute of limitations. You have up to two years from the date of the death to file your claim in Arizona. However, if the wrongful death occurred, you have up to three years to file the claim. Still, it’s wise to consult with a lawyer shortly after the wrongful death. Then the attorney can investigate while the evidence is still fresh.
