By Nina Zade
•
December 23, 2021
Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons. For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke. In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources . In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. In the majority of cases, the survivors have little idea how much compensation is adequate and if it comes with any restrictions. For this reason, many people turn to lawyers and file a wrongful death lawsuit. But many people are not sure how to file a wrongful death lawsuit and/or what legal rights they have. Therefore, if you are not sure about the process, the first step is to consult an Arizona wrongful death attorney. Before you visit the wrongful death attorney, here are a few things you should know. CHOOSING A WRONGFUL DEATH ATTORNEY Selecting a wrongful death attorney for your case can be a challenge because there are so many lawyers in Arizona. Many lawyers frequently advertise their services on the radio, TV, internet, and billboards, but how is an ordinary citizen supposed to know who will be the best choice and who is the most experienced? The fact is that not all lawyers have experience in court and some are just in the beginning phase of their career. Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury. Has the attorney undertaken a similar case before and how much experience does the lawyer have? Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case. Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation.