Top Phoenix Wrongful Death Attorney
Wrongful Death
Have you experienced a wrongful death?
There is no more difficult case for a client’s family or an attorney than that of a lost loved one. Wrongful death cases are can actually be two different types of cases — An estate claim and/or a Survivor’s claim.
We have had the unfortunate experience of handling more wrongful death/fatality cases than we wish. You need a law firm with attorneys who have experience with these difficult cases but also understand the emotions you are dealing with. There is no more difficult case for a client’s family or an attorney than that of a lost loved one. Wrongful death cases are can actually be two different types of cases (An estate claim and/or a Survivor’s claim). In Arizona, wrongful deaths are governed by Arizona Revised Statutes Section 12-611 to 12-613. These three sections explain the basics of wrongful death: when a lawsuit can occur, who can file suit and what damages may be awarded.
An estate claim is when a claim is presented on behalf of the deceased party’s estate. These claims include all the medical bills, loss of earning, and other claims governed by the estate. Often times these claims are presented by the personal representative of the Estate. The personal representative often times is appointed via the probate process and may even require a formal hearing. It is often advisable to consider hiring separate probate counsel on these matters if dealing with a large estate or the probate of a will/trust. We can provide some guidance with these matters and even offer a referral to a Probate attorney. In addition to the Estate considerations, there may be lien issues that need to be resolved before settling this type of case. The liens can be presented from multiple different parties, including but not limited to Hospitals, Doctors, Medicare, Tricare, or Health Insurance companies.
A Survivor’s’ claim is dictated by the statute, ARS 12-612 * limits who can or can’t make a claim for the loss of a loved one. These claims are very complicated and require tack in dealing with all potential family members who are allowed to make a claim against the party responsible for the death. We have experience in obtaining waivers from parties with a legal claim, but with little or less emotional/financial claim to the party who has passed away. Reaching an amicable agreement with all parties can save time, attorney fees, and feelings.
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Professional & Experienced Wrongful Death Lawyer
There is no easy way to face your loved ones’ death in a truck accident, catastrophic injury, cord injury, boating accident, brain injury, birth injury, fatal accident, motorcycle accident, car accident, or death by a defective product.
The grief that you feel with a wrongful death case can be devastating under any circumstances, but what is often highly troubling in a wrongful death case is when your loved one’s death or the death of the wrongful death victim is preventable.
If your loved one is a wrongful death victim, it can impact surviving families in many different ways. The grief of death after a truck accident, catastrophic injury, cord injury, boating accident, brain injury, birth injury, fatal accident, motorcycle accident, car accident, or death by a defective product is challenging emotionally and financially.
Yes, a wrongful death case can also cause the deceased person’s family to undergo financial chaos. Dealing with a loved one’s wrongful death damages can be difficult, especially for people that rely on the deceased person. They could see themselves unexpectedly in dire financial straits.
Thankfully, each state provides for legal action for the wrongful death act called a wrongful death lawsuit.
A wrongful death lawsuit is a civil lawsuit, giving the surviving family the power to pursue compensation from the party that caused negligence resulting in a wrongful death act.
What Is A Wrongful Death Claim?
Understanding what a wrongful death claim really means begins with understanding what it is not. A wrongful death claim is not and will never be a criminal prosecution. A wrongful death claim also will not result in fines with a conviction or prison time. The district attorney carries no part in bringing wrongful death claims’ causes of action.
Wrongful death claims are civil lawsuits. If the wrongful death claims are successful, it will lead to financial compensation from the at-fault party. Wrongful death claims can result from any death which is caused by the negligence of the other party. Wrongful death claims can also result from different acts of negligence or wrongful act. Some wrongful act includes truck accident, catastrophic injury, cord injury, boating accident, brain injury, birth injury, fatal accident, motorcycle accident, car accident, or death by a defective product.
Most of the time, these claims will result in a wrongful death lawsuit. A wrongful death lawsuit is filed by the victim against the at-fault party. The insurance company for the defendant of the wrongful act will have a keen interest if a policy was in place that could cover the death.
What Comprises a Wrongful Death?
Any negligence or illegal act that results in wrongful death action or the death of another person could comprise a wrongful death claim. Our professional and experienced wrongful death lawyer states that these claims derive from negligence, irresponsible, or wanton actions that result in wrongful death damages or fatal consequences.
A wrongful death claim carries with it the potential for financial compensation, economic damages, punitive damage, product liability, and premises liability recovery from the at-fault party. Wrongful death claims can generally serve two roles. The first role is that they serve as a kind of personal injury claim for the victim. The second kind of wrongful death claim implicates the effect the loss has on the surviving family. These families of the deceased could be entitled to wrongful death compensation for their loss of companionship and financial compensation.
Who Has the Right to File Wrongful Death Lawsuits?
Wrongful death lawsuit filing varies across state lines. If you want to file wrongful death lawsuits, you may contact our professional and experienced wrongful death attorney since we have excellent wrongful death lawyers and wrongful death attorneys in our law group with a lot of experience in taking care of wrongful death lawsuits. Here is the list of the parties that may have the right to file a wrongful death suit:
Spouses
If you’re a spouse of the wrongful death victim, then it is best to contact an experienced wrongful death attorney as soon as possible because the spouse typically has the first right to file a wrongful death lawsuit.
Children
The children of a dead person may also ask a wrongful death lawyer or wrongful death attorneys for help because they usually have as much right to receive a wrongful death claim as much as the surviving parent. However, there are some states that only allow a child to bring a claim if and only if the surviving parent is incapable or unwilling to do so.
Parents & Siblings
In wrongful death law and most jurisdictions, siblings and parents of the departed have lesser rights to get a wrongful death claim. Although in wrongful death law, there are some jurisdictions that allow them to do so, under limited circumstances.
What Is The Process For Filing A Wrongful Death Lawsuit?
Before filing a death lawsuit, you must contact a wrongful death lawyer or wrongful death attorneys. The filing of a wrongful death lawsuit differs in every jurisdiction. For example, some courts require a physical copy of the lawsuit to be hand-delivered to the courthouse. While other jurisdictions are paperless, this means that all the filings are electronic and can be done online.
The act of filing the claim for the wrongful death statute is the easy part. Before you and your wrongful death lawyer or wrongful death attorneys can pursue a Wrongful death statute, you need to determine first if you have all the right to file suit at all. Accident Law Group is here to guide you and help you review your situation. Even if you don’t hold the right to file a wrongful death lawsuit, you can still be entitled to the proceeds of a successful wrongful death claim. We can also advise you on everything you need in filing a wrongful death claim.
How Long Does It Take to Resolve Wrongful Death Claims?
There is no such thing as the standard time limit for a wrongful death claim. However, the number of time it takes to resolve a wrongful death claim can vary on a number of factors. For example, the partakers of these claims could accomplish compensation even before a lawsuit is ever filed.
The second example is that a wrongful death claim can be resolved in a few short months. These cases happen where liability is not in dispute, the settlement generally centers on the amount of settlement that is fair. While cases where liability is in dispute typically take much longer to settle.
How Can You Win A Wrongful Death Lawsuit?
Winning any lawsuit is possible with Accident Law Group. But how do you actually win a wrongful death lawsuit? Well, it follows the same process as winning a personal injury claim. You need to prove that the at-fault party acted negligently. In establishing negligence, you should know four elements: the duty of care, breach of duty, causation, and injuries.
Being the plaintiff, you need to establish all of the four we mentioned. If you fail to prove even one of them said elements, then your entire claim becomes fatal.