If someone you love has passed away suddenly and unexpectedly in an accident that you believe was caused by someone else’s carelessness or wrongdoing, you may have the right to take legal action against the person responsible. By filing a Phoenix wrongful death claim against the negligent person, company, or organization, family members who are left behind can receive money to help with the unexpected costs and emotional losses that often happen after a wrongful death.
We understand that after experiencing such a terrible loss in your family, it might feel overwhelming to think about taking legal action. However, it’s important to talk to a Phoenix injury attorney as soon as you can to see what options are available to get compensation. The team at The Husband & Wife Law Team knows how devastating it is to lose a loved one, and they will work closely with you to make sure your best interests are taken care of. While money can’t change what happened, it can help with any financial difficulties you may face in the future. You can call us at +1 332 282 9557 for a free consultation or fill out an online contact form.
What Rights Do Family Members Have When a Loved One Has Died Wrongfully?
Close family members have the right to ask for money from the person who caused their loved one’s death. In Arizona, close family members are the spouse, parent, or child. If the person who died didn’t have a spouse, child, or surviving parents, then the money from the wrongful death lawsuit can be given to the person’s estate along with their other money and things they owned.
Who May Sue for Wrongful Death?
When someone dies, it can have a big impact on many people’s lives, and sometimes it can cause financial problems too. But not everyone is allowed to sue the person responsible for money. In Arizona, the courts only let certain people file a wrongful death claim.
- A surviving spouse
- Children
- Parents or guardians
- Representatives of the deceased estates on a spouse, child, or parent’s behalf
It’s important to remember that a lawyer should represent the survivors, who are also called beneficiaries, to make sure the case goes smoothly and quickly, especially when there are many family members involved. The courts usually follow the order of family members listed earlier to decide who gets money in a wrongful death claim. However, things can get more complicated if multiple family members try to file a claim or ask for a specific part of the money. It may be necessary to work with a lawyer to make sure you don’t miss out on getting what you deserve.
Furthermore, when there is a surviving child, especially if they are under 18 years old, the surviving spouse usually needs to file the claim on behalf of the child. Even if the child is grown up, the spouse would usually have priority in filing the claim.
What Can Be Recovered in a Claim?
By taking legal action, families have the opportunity to achieve closure, a sense of justice, and financial compensation to cover various expenses. A wrongful death settlement includes compensation for many different costs that the family has faced because of their loved one’s death. In Arizona, a wrongful death settlement can cover damages for:
- Past medical expenses for the treatment the person received before their death.
- Loss of income and services that the person would have provided if they had survived.
- Expenses related to the funeral and burial of the deceased.
- Loss of companionship, love, and care from the deceased person.
- Pain and suffering, which includes the emotional and mental distress caused by grief.
- Punitive damages are meant to punish the person responsible for the death.
Each case is different, and a group of people called a jury will decide how much money should be given as damages based on different factors. These factors include how the person died, how much money they were making, how much money they would have made in the future, and the emotional losses experienced by each family member who can receive money.
Besides the money for economic and non-economic losses, some wrongful death cases may also include punitive damages. These damages are not limited to the amount of money the family lost. They are meant to punish the person responsible for doing something wrong and to make sure others don’t do the same thing in the future. For instance, if a driver makes a mistake and accidentally causes a deadly accident, they probably won’t have to pay punitive damages. But if the driver was driving under the influence (DUI), which is a crime, then the court might give punitive damages as part of the award.
Steps in a Phoenix Wrongful Death Claim
It’s important to remember that, just like with a personal injury claim, there is a time limit for filing a wrongful death claim. In Arizona, survivors need to submit a wrongful death claim within two years of the person’s death to be eligible for compensation. If you don’t take legal action within this time limit, you may lose the right to make a wrongful death claim. While the time limit is usually strict, there are some special situations where you may still be able to file a claim even if the deadline has passed. An experienced and knowledgeable lawyer will be able to review your case and determine if you might still have a valid claim.
If you are still within the time limit for filing a claim and meet one of the criteria mentioned earlier for who can file, you can start the process of filing a claim. The first step is to have a lawyer review your case. They will carefully examine the details to determine if your case is valid. If they decide to represent you, they will conduct a thorough investigation into the circumstances surrounding your loved one’s death.
During this time, we will gather evidence to show that someone acted negligently. We will also review the insurance policies that cover the responsible person or company. We will determine how much money you should get from them as compensation. To do this, we might look at your loved one’s financial records to see how much money they would have earned if they were still alive. We might also talk to their doctors to understand the pain and suffering they experienced before they died.
Negligence and responsibility in a wrongful death claim are similar to those in a personal injury claim. If someone had a duty to take care of your loved one while they were alive, and they failed to fulfill that duty because of their careless actions, you have the right to file a claim on behalf of your loved one. Wrongful death claims are based on the idea that if the person had not died, they would have been able to file a claim. So, the same types of evidence that are used in a personal injury claim can also be used in a wrongful death claim.
When we are prepared, we will contact the person or party who is responsible for the accident, also known as the defendant. We will let them know that we plan to file a claim to ask for money to cover the losses. This will start discussions about reaching an agreement called a settlement. We will talk with their lawyer and negotiate to get a fair amount of money. If they don’t want to settle or their offer is not fair, we can then go ahead and file a lawsuit to take the case to court.
Catastrophic Injury Victims Require Certified Specialist in Injury and Wrongful Death Law
Families in Arizona who need a lawyer for a loved one who had a serious injury have to be really careful when picking one. It’s very important to choose an experienced lawyer when someone you love has had a life-changing injury. Any lawyer can work on personal injury and wrongful death cases in Arizona. But when you’re looking for a lawyer for these kinds of injuries, we think it’s important to hire someone who is certified as a specialist or who can show they have a lot of knowledge and experience in this area of law.
Every state has its own State Bar. In Arizona, it’s called the State Bar of Arizona (www.azbar.org). The State Bar of Arizona wants to help the public and make the legal profession better. They want to improve the legal profession by promoting good skills, ethics, and professionalism among lawyers. People often don’t trust lawyers very much, but they play an important role in fighting for fair compensation for those who have been seriously hurt or killed because of someone else’s carelessness.
The State Bar of Arizona gives special recognition to lawyers who are experts in specific areas of law. They certify attorneys as specialists in eight different types of law. These areas include cases related to injuries and wrongful death, bankruptcy, criminal law, estate and trust matters, real estate, taxes, and workers’ compensation. To become a certified specialist, an attorney must meet certain requirements. They must have been practicing law for at least five years and be a member of the State Bar of Arizona for the two years before applying. They should also focus on the specific area of law they’re applying for, with at least 50% of their work related to that area. Additionally, they have to pass a difficult written exam. The attorney also needs endorsements from other lawyers and judges that they have worked with in court. These requirements ensure that certified attorneys have the necessary knowledge and experience in their specialized field of law.
Maximize Your Settlement with Our Phoenix Wrongful Death Attorneys
At Our Law Team, we know a lot and have done this kind of work for a long time. We can figure out exactly how much money you should get for all the things you lost, and we can talk to the other side and try to get you a good deal. Our attorneys are experts in injury and wrongful death law in Arizona. If you get an offer to settle the case, we can tell you if it’s enough money to make up for everything you went through.
Having a legal team that has a good history of winning cases can be very important in getting a fair settlement offer. When the other side knows that you have Phoenix wrongful death attorneys who are ready and determined to fight for your rights and interests in court, they are more likely to make a reasonable settlement offer. Our law firm has a successful track record, with 98% of our cases ending in a positive outcome.
The caring legal team at our Law Team in Phoenix understands what families going through a tough time need. They will work very hard to make sure you get the money you need and should have. We have helped many clients who have suffered because of someone’s carelessness or wrongdoing. Please get in touch with us to find out more about how we can help you. Your first meeting with us is always free. You can call us at +1 332 282 9557.
To make sure we handle serious injury and wrongful death attorneys in Arizona, we don’t just rely on our own legal knowledge. We also work with medical and vocational experts who help us in court. These experts help us figure out things like how much money was lost because of the injury and what kind of medical care will be needed in the future. It’s important for us, as attorneys in Phoenix, to have experience and know trustworthy medical and vocational experts when dealing with catastrophic injury cases. By combining our legal expertise with the experts’ knowledge, we can present a strong case to the jury and make sure that people who have suffered unjustly receive a fair decision.