For example, an employee working for a construction company is asked to install windows, but during the process, he falls five stories and dies. Investigations reveal that his safety harness was defective, and the company had never checked this piece of equipment before. Or a young mother was standing at the crosswalk waiting for the signal to cross and a motorist who was texting crashes into her, killing her instantly.
In both these cases, the deaths are preventable. This is known as
wrongful death, and it can be devastating for the family. If the person who was killed was also the sole wage earner for the family, the situation becomes even worse. You need to
contact a wrongful death attorney now.
Other than the financial losses, wrongful death can, obviously, be emotionally devastating to the surviving loved ones. If a parent is killed because of the negligent actions of another person, the children not only have no financial support but will have no one to look after them or guide them in life.
It goes without saying that no amount of money can compensate for the loss of a loved one; however, through a civil action, the survivors can claim economic damages to ease the financial stress caused by the death. You need to contact a wrongful death defense attorney right now.
There can be many instances of wrongful death and they include the following:
In Arizona, the most common cause of wrongful death incidents is an
auto accident. It is also the leading cause of wrongful death in the United States, simply by the mere fact that so many of us drive cars every day.
Accidental poisoning is the second leading cause, followed by slip and fall accidents. A wrongful death attorney can help you navigate through the litigation process.
In general, when an Arizona resident dies, he or she may have left a will that will reveal the beneficiaries; hence, these individuals can file a claim under the wrongful death
statute in Arizona. If there are many beneficiaries, one individual may file the wrongful death on behalf of the rest of the beneficiaries.
At the same time, the personal representative may also file a wrongful death claim on behalf of any surviving members who are not listed as beneficiaries. A wrongful death defense attorney can help guide you through the process. Under the Arizona wrongful death statute, the following individuals can legally file a wrongful death claim:
Under Arizona law, children of any age are allowed to recover compensation for lost services and support as well as future financial support. In addition, survivors can also recover compensation for any pain and suffering as a result of the death.
In Arizona, the
statute of limitations for filing a wrongful death claim is
two years from the date of the death. If the wrongful death claim is not filed during this time, then the courts will permanently reject it.
The only time when there is an exception to the statute of limitations for filing a wrongful death claim is following a homicide. The reason is that homicide cases often take time to resolve, and the guilty party may not be apprehended for many years.
The survivors of the decedent may be entitled to the following damages:
In the majority of cases, wrongful death claims compensate the survivors both emotionally and financially. These compensatory damages are awarded to repay the family for all the costs related to loss of income of the deceased, medical expenses, funeral, and death expenses. Survivors may also be entitled to pain and emotional suffering caused by the death and loss of companionship.
In addition, in Arizona, the courts may also award
punitive damages to the survivors if the negligent party acted recklessly, intentionally, or was grossly negligent. The punitive damages are intended to punish the defendant as well as discourage others from similar actions in the future.
To file for a wrongful death claim, the following elements are necessary:
After the above elements have been established, the will of the decedent is read to determine if he or she had beneficiaries and a personal representative is appointed. This individual will identify all the survivors, as well any financial losses that they have incurred as a result of the death, and then a wrongful death claim is filed.
After the information is collected regarding the cause of death, the wrongful death attorney will
send a demand letter for damages to the defendant or his insurer. The two sides will try and settle the case out of court in most cases.
However, if that fails, then the case may go to trial. The settlement process will continue even until the day of the trial. The reason is that settlement between the two parties is a faster and less expensive route compared to going to trial.
The trial can take several years because of court congestion, and, with the lingering pandemic, courts are more congested than ever.
Wrongful death cases can be complex, and it may take months to resolve them. If the case is straightforward and there is obvious negligence or carelessness on the part of the defendant, the case can be resolved typically in 6-9 months. However, if the case goes to trial, it may take a few years to conclude. Fortunately, most wrongful death cases are resolved following a settlement usually within 12 months.
Most wrongful death defense attorneys do not charge any money upfront. They work on a contingency basis, which means they only get paid if they win the case. The contingency fee may vary from 25%-33% of the recovered damages.
If someone in your family has been killed as a result of the negligent actions of another party and you want to file a
wrongful death claim,
consult with a personal injury lawyer. The important thing to know is that there is a strict statute of limitations for filing the claim.
The lawyer can assess your case and determine the merits, the consultation is free, and you are free to ask any questions. The
Law Offices of Richard A. Gullette know that experience matters. Rick has more than 30 years of experience and is ready to work directly with you through every stage of the process to ensure your claim is settled.
Call Rick today at 1-602-230-2916.