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We live in a fast-paced world; things have to get done ASAP and sometimes people cut corners, some speed in their cars to get places, some do not follow safety rules in the workplace, and yet others are simply careless. All these actions can and often do result in the accidental death of a person. Any illegal or negligent act that results in the death of another individual may be classified as wrongful death.
In general, a claim of wrongful death arises when the reckless, careless, or wanton actions of another party result in death. What is the difference between wrongful death and accidental death? They are dealt with legally as separate matters. Accidental death results from an accident that did not purposefully or negligently occur.
Wrongful death cases are not uncommon, sadly, and neither are accidental death cases. They can occur from many types of activities. When a family member dies unexpectedly as a result of the negligent or careless actions of another individual or party, or unintentional accidental reasons, this can be devastating to the surviving family, especially when there are young children involved.
This is especially true when the deceased was the sole wage earner in the family. If you have recently lost a loved member of your family through an accidental death and are faced with medical bills, funeral expenses, and uncertainty or absence of financial support, then you should consult with an accidental death lawyer.
It is important to understand that an accidental death claim takes place in civil court; it is not a criminal prosecution. The defendant(s) are not incarcerated or face a monetary penalty. If your claim in civil court is successful, then you will receive financial compensation from the party at fault. Because these claims are civil, they are filed by an accidental death attorney.
While no lawyer can make the pain or grief of death go away, they do understand your predicament and can take steps to help ensure that you will have a secure financial future. An experienced accidental death lawyer will not only protect your rights but will try to get the maximum compensation for the death of your loved one so at least you will not struggle financially.
The law is clear - any individual(s), companies, or even government institutions who cause death as a result of negligent or careless behavior or accidentally can be held legally responsible. Every state has its own rules as to who can file a claim for wrongful death. In the majority of cases, it is the immediate surviving members of the decedent who can file the claim. Arizona law states those who can file a claim include:
The law permits survivors (family members - spouse, children, parents, guardians, personal representatives) of the accidental death victim to file a claim for wrongful death and seek compensation for the following:
Determining an actual amount of damages for accidental death or wrongful death case is not easy and usually requires actuarial experts to provide information on the earning potential of the deceased and his or her life expectancy.
Based on this, can build a very robust case that will enable you to get the compensation you deserve and need to take care of the surviving family.
Filing a claim for accidental death is a complex matter and is best done with assistance from an experienced accidental death attorney:
The legal right to file an accidental death claim depends on which state you reside in. Every state has its own rules. In Arizona, the following parties can file a wrongful death lawsuit:
To file an accidental death lawsuit, a physical copy of the lawsuit has to be submitted to the local court in your jurisdiction. Some courts will want a hard copy (paper) and others allow you to file the claim electronically.
However, before you file an accidental death claim, you must consult with an accidental death lawyer to make sure you are eligible to file for the lawsuit. Not all members of the family are permitted to file a lawsuit. The accidental death attorney can help review your case and advise you on the specific laws in Arizona.
Finally, it is important to know that there is a statute of limitations for filing an accidental death lawsuit. That time limit is two years from the date of death and, because there is extensive documentation required, this time period can easily lapse, but don’t let it. If you are late in filing, the court can permanently refuse to hear your case.
The best advice is to consult with an experienced accidental death lawyer who knows the court processes and can help you navigate through them. Call the Law Offices of Richard A. Gullette today at 1-602-230-2916 to learn more.