Gross negligence and unforeseen accidents all too often contribute to devastating consequences for family members who have to bury a loved one and try to move on with their life.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action for surviving family members after their loved one has been killed due to another person’s negligent actions. Only certain people in Arizona are eligible to initiate a wrongful death claim, but it can help to compensate loved ones for lost wages, companionship, and other losses.
Legal Help from Caring & Concerned AZ Wrongful Death Lawyers
Loved ones and family members are often forced to deal with very complicated situations in a sudden manner when they lose a loved one unexpectedly. This can include medical bills, funeral expenses and a general adjustment to their life that they would not otherwise have had to make were the loved one still alive. They may be interested in pursuing a personal injury claim on the behalf of the deceased victim as well as surviving family members who would have been dependent on the care, compassion and financial support of that loved one. As a survivor, you may be able to file a wrongful death claim in Arizona when someone dies due to the negligence of another person or entity.
Dealing with the death of a loved one can be painful and difficult to handle emotionally. It can also include the negative impact of unpaid medical bills, lost wages of the deceased, funeral expenses and lost companionship.
Who Can File a Wrongful Death Claim?
Only a surviving spouse, any surviving child, a surviving parent or guardian, or the personal representative of a deceased person can file a wrongful death claim under Arizona law.
Who Can Be Sued in a Wrongful Death Claim?
Any person who is found to be negligent can be sued for wrongful death in Arizona. A doctor who has committed malpractice, a driver who wasn’t paying attention at the time of a crash, or a property manager that knew about a dangerous condition and failed to correct it before someone died are just a few examples of who could be held accountable in a wrongful death claim.
Types of Damages Often Covered in AZ Wrongful Death Suits
Wrongful death claims in Arizona are expressed as monetary or financial losses for the family members. The first category of damages has to do with losses inflicted on the deceased person’s estate and these include medical bills, burial expenses, value of lost wages, pain and suffering, and replacement or repair of property damaged in the event. The second category has to do with the family’s losses, including pain and suffering, loss of care and companionship, and the lost value of household services performed by that family member.
No longer being able to pay the utilities, rent and other living expenses can put additional pressure on family members who have already lost someone they love. An experienced wrongful death attorney in Arizona may be an important advocate to consider if you or someone you know has recently lost a loved one.
While there is no amount of money that will ever compensate you for the loss of a family member, taking action and holding a relevant party accountable in court by filing a wrongful death claim may empower you to get the funds you need to move on into a more successful future.
If you have experienced the unexpected and sudden loss of a loved one because of an accident that was caused by someone else’s wrongdoing or recklessness, Arizona law enables you to take legal action against the responsible party. Surviving family members may be able to file a wrongful death claim against the negligent entity, company or person to help to cope with the non-economic losses and unexpected expenses that occur after a wrongful death. It may seem like an additional burden to take legal action after you have lost a loved one. However, speaking with an attorney can help to clarify your options for gaining restitution. No family member should have to bury a loved one because another person was not paying attention behind the wheel or was engaged in other reckless behavior. Immediate family members in Arizona maintain the right to claim wrongful death damages against the person who caused the loved one’s death. The law in Arizona classifies immediate family members as a parent, spouse or a child. In the event that a victim does not have a child, spouse or surviving parents, the estate of a deceased person can file a wrongful death lawsuit with the proceeds combined with the victim’s assets. When a person passes away, many lives will be affected by these consequences but not every person is able to file a lawsuit against the at fault party.
One of the most common questions surrounding wrongful death claims is whether or not a settlement offer that has been presented by the responsible party should be accepted. Taking your case to court for a decision may seem like one way to prolong the grief and agony of an already difficult situation. However, a settlement offer presented by an insurance company or another responsible party may not fully and fairly compensate you for the losses you’ve suffered because of a loved one’s death. Having an Arizona wrongful death attorney in your corner, however, can help you better understand the many ways that all the family member’s lives have been affected by the loss of your loved one and an attorney can go to bat for you and explain how a low settlement offer should be rejected.
Your attorney should be prepared to negotiate outside of court in the event that a settlement offer is probable and fair, however, having an attorney who is also comfortable going to the stage of litigation is extremely powerful for your wrongful death claim in Arizona. Having sound legal counsel from an experienced and knowledgeable attorney is a crucial component of filing a successful wrongful death claim. Having a legal team on your side with a strong track record of favorable outcomes for other families who have had to go through this unfortunate situation is extremely important.
Do not wait to get help because filing a wrongful death claim may take some time and taking action sooner rather than later is strongly recommended. Get help from Petersen Johnson today with your wrongful death claim.