Tucson Wrongful
Death Lawyer

A Tucson wrongful death lawyer specializes in representing families seeking compensation for the death of a loved one caused by another’s negligence. These lawyers handle cases involving medical malpractice, accidents, or intentional harm. They guide clients through legal processes to secure damages for loss of income, emotional distress, and funeral expenses.

Dealing with the aftermath of a fatal accident is an emotionally overwhelming experience. The financial burden and mental suffering that result from such a tragedy can be difficult.

If you believe that the negligence of others led to the wrongful death of your loved one, it’s crucial to seek legal guidance from our Tucson wrongful death lawyers. At Zanes Law, our Tucson personal injury lawyers are dedicated to helping families like yours with legal challenges during these difficult times.

What Qualifies as a Wrongful Death?

Wrongful death occurs when a party or multiple parties’ misconduct or negligence results in someone’s death. The parties usually must follow specific rules to ensure that they do not cause any harm, often known as a duty of care.

When a breach of this duty of care results in someone’s death, the deceased person’s survivors may be able to file a wrongful death claim. According to A.R.S. § 12-612, families can file a lawsuit against the party that they believe to be responsible for the death.

This is a personal injury lawsuit with some special categories of damages that recognize what the family lost. Arizona law factors in that families lose the most when their loved one dies at someone else’s hands. A wrongful death attorney in Tucson can evaluate your case to determine whether you may have a valid claim.

For a free legal consultation with a wrongful death lawyer serving Tucson, call 866-499-8989

Taking Legal Actions for Wrongful Death

A wrongful death action can provide a path to justice and monetary damages for the losses you’ve endured. Funeral expenses, burial expenses, medical bills, and mental suffering are some of the challenges families often face. 

Moreover, the loss of companionship and financial support further intensifies the emotional and financial strain. Our compassionate team of wrongful death attorneys is here to help you hold responsible parties accountable and pursue the compensation your family deserves.

Tucson Wrongful Death Lawyer Near Me 866-499-8989

Common Causes of Wrongful Death in Tucson Our Lawyers See

Wrongful death cases can stretch across many industries and situations. If you’ve lost someone you love, one of the following can help you:

• Tucson car accident lawyers
• Tucson nursing home abuse lawyers
• Tucson construction accident lawyers
• Tucson workplace accident lawyers
• Tucson trucking accident lawyers
• Tucson slip and fall lawyers
• Tucson motorcycle accident lawyers
• Tucson pedestrian accident lawyers
• Tucson burn injury lawyers
• Tucson defective products lawyers

While a diverse range of accidents can cause fatal injuries, there is a common theme between them. Tucson personal injury law principles apply, and you could recover compensation when you prove that someone else was to blame.

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How do Tucson Wrongful Death Accidents Occur?

Common causes of wrongful death include medical malpractice incidents, vehicular accident cases, and workplace safety violations. These are unfortunate circumstances that can result in the loss of a loved one and may require legal action to seek justice and compensation. 

Understanding the common causes of wrongful death is important for navigating the legal process effectively and holding the responsible parties accountable.

Medical Malpractice Incidents

Several factors contribute to medical malpractice incidents, which can often result in wrongful death. These incidents can occur due to hospital negligence, surgical errors, prescription medication errors, birth injuries, and misdiagnosis cases. 

Hospital negligence refers to healthcare providers failing to provide the standard level of care, leading to harm or death. Surgical errors encompass mistakes made during surgical procedures, such as wrong-site surgery or leaving surgical instruments inside the patient.

Prescription medication errors occur when healthcare professionals make mistakes in prescribing or administering medications, resulting in harmful or fatal consequences. Birth injuries involve complications during childbirth that lead to harm or death for the mother or baby. Misdiagnosis cases occur when healthcare providers fail to correctly diagnose a medical condition, leading to delayed or incorrect treatment, which can have fatal consequences.

Vehicular Accident Cases

Proving negligence is also essential in vehicular accident cases, as it establishes fault and liability. Severe car accidents can be fatal. There may be several causes, such as driving under the influence, texting and driving, or speeding.

If you’ve lost a loved one in a car accident, our team can help you gather the necessary evidence to get damages for your loved one.

Workplace Safety Violations

Workplace safety violations can often be attributed as the cause of wrongful death cases. When employers fail to prioritize safety measures and neglect their responsibilities, it can lead to devastating consequences for their employees.

Here are some key points to consider:

• Workplace negligence: Employers must provide a safe working environment for their employees. Failure to implement proper safety protocols and address hazards can result in tragic accidents.
• Employer responsibilities: Employers are legally obligated to follow safety regulations, provide necessary training, and maintain a hazard-free workplace.
• Worker’s compensation: In a workplace fatality, worker’s compensation benefits should be provided to the victim’s family to cover medical costs, funeral expenses, and lost wages.
• Liability claims: If an employer’s negligence directly contributed to a wrongful death, the victim’s family may be eligible to file a liability claim seeking compensation for their loss.
• Seeking justice: Holding employers accountable for workplace safety violations is crucial to prevent future tragedies and ensure justice is served.

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Navigating the Legal Process

Suing a corporate defendant can present unique challenges. Big corporations often prioritize profit over safety, even when a small investment could save lives. Our Tucson personal injury attorneys have the experience and determination to oppose these tactics. 

We will meticulously investigate the circumstances surrounding your loved one’s death, collecting evidence to establish negligence. Through consultations with experts and witnesses, we build a strong case to fight for your rights.

Compassionate Counsel, Tenacious Advocacy

At Zanes Law, we understand the emotional turmoil you’re going through. Our team is experienced in legal matters and empathetic to your pain. While we can’t erase your suffering, we can provide comprehensive legal support, helping you secure the compensation needed to alleviate the financial burdens. 

Our dedicated Tucson wrongful death lawyers are ready to stand by your side, fighting for justice and honoring the memory of your loved one.

Why Act Now? Time Is of the Essence

Wrongful death statutes set a time limit for filing a claim, typically within two years of the incident. Delaying the legal process can harm your case, especially if the responsible party prolongs litigation. Acting promptly increases your chances of obtaining the financial relief your family deserves and preventing prolonged legal battles.

Delays Can Weaken Evidence and Negotiating Position

The longer a case goes unpursued, the more likely it is that valuable evidence will disappear, memories of eyewitnesses will fade, or documentation will be lost. 

This weakens the strength of your arguments regarding liability. Insurance providers or defendants also have less incentive to settle promptly if they believe stalling tactics may cause families to give up pursuing justice altogether over time.

Closure and Relief Are Important for Healing

In addition to potential financial assistance, pursuing damages through the legal process can provide closure for grieving families. Delaying the filing of a wrongful death claim prolongs the inability to find a resolution and move forward with grieving. Having advocates aggressively fighting from the beginning increases the likelihood of a quicker, more satisfactory result.

By immediately engaging our experienced wrongful death lawyers to investigate the incident and commence proceedings, we give your case the best chance of a favorable outcome while preventing unnecessary delays that only serve to complicate an already difficult situation further.

Who Can File a Wrongful Death Claim?

Families will also need to identify who will file the wrongful death lawsuits. Courts have crowded and busy dockets, and they can only legally allow one wrongful death claim per family. An order of precedence in Arizona Rev. Stat. § 12-612 dictates who can file a wrongful death claim.

It Is as Follows:

• The deceased person’s surviving spouse has the first right to file a wrongful death claim.
• If no spouse exists, the right shifts to the surviving children (they would file the case together).
• If no children exist, the surviving parent or guardian has the legal right to file the lawsuit.
• If none of the three above categories exist, the decedent’s representative can file a wrongful death lawsuit.

The hope is that all eligible family members can agree on the legal direction of the case and how to distribute the proceeds of any settlement or jury award.

Types of Recoverable Damages in a Tucson Wrongful Death Lawsuit

A wrongful death claim brought forth by family members may include compensatory and punitive damages. Compensatory damages encompass the plaintiff’s economic and non-economic losses.

This Might Include:

• Medical bills
• Lost wages, loss of benefits, loss of future earnings
• Loss of consortium
• Funeral expenses
• Loss of companionship
• Loss of inheritance

Punitive damages are awarded if the liable party acts egregiously. There is no cap on the number of damages you may receive. A wrongful death attorney from our Tucson legal team can review your family’s claim to determine what damages may be available in a civil lawsuit.

You Must Prove Both Negligence and Your Damages in Tucson

A Tucson wrongful death lawsuit has two parts. The first is proving that someone else was responsible. This is the same as any other negligence lawsuit, and the same principles apply. 

The same four-factor test that applies to every other personal injury claim would also apply to your wrongful death claim.

Specifically, You Must Show that:

• Another person owed your loved one the duty of care
• That person breached the duty of care by acting unreasonably under the circumstances
• Your loved one suffered an injury
• Your loved one’s injury happened due to the other person’s actions

In a Wrongful Death Case, the Elements of the Case Are as Follows:

• A person died
• The death resulted from the negligence of another person
• The deceased person’s surviving family suffered a monetary loss
• The decedent has a personal representative to file a lawsuit

You must provide sufficient evidence to prove each element to have a successful case. Our Tucson wrongful death lawyers at Zanes Law will investigate the responsible parties, work to establish negligence, determine liability, and fight for your fair settlement.

Challenges of Suing a Corporate Defendant

If you are suing a corporate defendant, you should be ready for every excuse in the book for why they can’t give you the compensation you deserve. When our Tucson personal injury attorneys go after a corporation, we hear the same reasons repeatedly.

A company is usually worried about losing profit due to making its products safer. This same company that makes millions of dollars every quarter won’t add a standard safety feature that only costs the manufacturer $100.

These tactics are common among big corporations, but our personal injury team is ready to take them on. If a corporation’s negligent actions caused the death of a loved one, our wrongful death lawyers can help you get justice and compensation for your loss. We can answer any questions you have about your case.

What Are Common Injuries that Can Lead to a Wrongful Death Case?

Many cases arise from initial injuries that can sooner become fatal without the proper treatment. Our team can help you if your loved one died due to any of the following injuries:

Traumatic Brain Injuries

Traumatic brain injuries occur when your head experiences a sudden impact, which causes an object to enter your brain tissue. During this impact, the brain can bounce around or twist inside the skull, damaging brain cells and tissues. Even seemingly mild impacts have the potential to cause TBIs.

The severity of injuries can range from mild concussions to severe permanent damage or even death. Concussions involve a brief disruption of typical brain function that is usually not life-threatening. However, more serious TBIs initiate damaging cascades at the brain’s molecular, cellular, and systems levels.

Spinal Cord Injuries

Spinal cord injuries result from fractured or displaced vertebrae that pinch, tear, or crush the delicate spinal cord tissue. This often severs the pathways that carry nerve signals between the brain and body. Even if the vertebrae are fused back together, permanent nerve damage may have already occurred.

The severity of impairments from spinal cord injuries depends on the level and completeness of the cord injury. Quadriplegia or paraplegia with loss of mobility and bodily functions below the injured area is possible. 

Long-term complications can include chronic pain, respiratory issues from weak chest muscles, and acute episodes like blood clots. Without proper long-term care, SCI patients may succumb to any number of related medical complications.

Burns

Severe burns over large portions of the body pose many health risks, such as dehydration, infection, and toxic shock syndrome. Second and third-degree burns damage tissues and nerves and increase susceptibility to complications.

Burn victims require extensive wound care, medicated dressings, skin grafts, and antibiotics to prevent deadly infections from taking hold in open, injured areas. Even with treatment, infections or organ failures are still dangerous when over 20% of the body’s surface is burned. 

The stress response and energy demands on the body during recovery from extensive burns can also lead to multiple organ dysfunction in severe cases.

How the Tucson Wrongful Death Legal Process Will Unfold

The first thing that your wrongful death attorney will do is talk to you about the case. We will ask you questions during the initial consultation to learn more about the facts. After all, since you only pay us if you win, we want to ensure you have a plausible case before we invest the time fighting for you.

After that, your personal injury lawyer will begin to investigate and learn more about what happened to cause your loved one’s death. At this phase, we will begin collecting and gathering the evidence that you would need to prove the negligence that is a prerequisite for legal responsibility.

We may speak with witnesses and consult experts to help assemble your case. We will be ready to file your complaint or claim at some point. This could happen quickly, depending on the strength of the evidence in the case.

Families Could Also Consider a Survival Lawsuit

The estate of the decedent has the legal right to file this lawsuit. They can hold the defendant legally accountable for what the decedent experienced before their death. While some accidents happen in a matter of an instant, others leave the decedent with injuries that will eventually cost them their lives.

The defendant could cling to life for months or years. What happens between the injury and death could be compensable. These damages could include:

• Lost wages that the decedent would have earned between their injury and death
• The pain and suffering that the decedent experienced before they died
• Medical expenses were paid for their care while they were alive.
• Funeral and burial costs
• Possible punitive damages based on how bad the defendant’s conduct was (this is not available on the wrongful death side of the claim)

If the estate succeeds in this lawsuit, it will receive the settlement proceeds. The money goes to beneficiaries according to the estate’s instructions for the distribution of assets.

A wrongful death lawyer in Tucson can help you pursue a wrongful death claim or survival action.

How We Might Value Your Tucson Wrongful Death Claim

One of the first questions families ask is how much their wrongful death case is worth.

Some factors that could come into play include:

• The age of the decedent: Cases of younger people with jobs and smaller children would be worth more than the wrongful death of the retired person or someone nearing retirement.
• Whether they were a parent: The family would presumably suffer even more if they lost a parent who actively provided guidance and support in person every day.
• Their specific job and earnings: Higher-paid earners would lose more in prospective earnings.
• How the death hurt the family that they left behind: This requires consideration of the unique family situation in the wake of their loved one’s death.

Another major factor is the amount of insurance coverage that the defendant has. A wrongful death lawyer in Tucson can identify all potential sources of liability to ensure that you can seek maximum compensation for your loss.

The Process of Filing a Tucson Wrongful Death Lawsuit

When filing a Tucson wrongful death claim, there are three important points to understand:

1. Understanding what constitutes a wrongful death and the legal requirements for filing a claim is crucial.
2. Preparing a strong legal case involves gathering evidence, interviewing witnesses, and consulting experts to establish liability and damages.
3. Navigating settlement negotiations with insurance companies or pursuing a lawsuit in court requires experience, negotiation skills, and a comprehensive understanding of the legal process.

Understanding Tucson’s Wrongful Death Claims

Zanes Law provides comprehensive support and representation for individuals who file a Tucson wrongful death claim. Regarding Tucson’s wrongful death claims, having the right legal representation is crucial. 

Our team is experienced in handling these sensitive cases and understands the complexities of seeking justice for your loved ones.

Here Are Five Key Aspects to Consider in the Compensation Process:

• Legal case preparation: Our attorneys will thoroughly investigate the circumstances surrounding the wrongful death and gather all necessary evidence to build a strong case on your behalf.
• Settlement negotiations: We will negotiate with the responsible party’s insurance company to seek a fair settlement that adequately compensates you for your loss.
• Timely filing: It is important to file your claim within the designated timeframe to protect your rights.
• Expert consultation: We work closely with medical and financial experts who can provide valuable insights and testimony to support your claim.
• Compassionate support: Throughout the entire process, we will provide you with the support and guidance you need during this difficult time.

Preparing Your Legal Case

After understanding the key aspects of a Tucson wrongful death claim, it is essential to focus on preparing your legal case. Preparing your legal case involves gathering evidence, obtaining necessary legal documentation, and identifying expert witnesses who can provide valuable testimony. 

This stage requires careful attention to detail and thoroughness to build a strong case. Gathering evidence may include collecting medical records, accident reports, and witness statements.

Legal documentation, such as filing the necessary paperwork with the court, is crucial for initiating the wrongful death claim. In addition, identifying expert witnesses who can provide specialized knowledge or opinions relevant to the case can greatly strengthen your position. 

Lastly, trial preparation is essential, and your attorney will work diligently to ensure all necessary steps are taken to present your case effectively in court.

Navigating Settlement Negotiations

Engaging in open and effective communication with all parties is crucial to successfully negotiating a settlement for a Tucson wrongful death claim.

Here Are Some Key Strategies and Considerations to Keep in Mind During the Tucson Wrongful Death Negotiation Process:

• Understand the available settlement options and their potential implications.
• Seek legal representation from an experienced Tucson wrongful death lawyer who can guide you through the negotiation process.
• Gather strong evidence to support your claim, such as medical records, accident reports, and witness statements.
• Calculate the compensation you deserve by considering medical expenses, funeral costs, lost income, and emotional suffering.
• Be prepared to negotiate and consider alternative dispute resolution methods, such as mediation or arbitration, if necessary.

Choosing the Right Tucson Wrongful Death Lawyer for Your Case

Selecting the right lawyer for your case is crucial to ensure the best possible outcome when searching for legal representation. Finding representation that aligns with your needs and goals is essential in navigating the complex legal process. One of the most important factors to consider when choosing a lawyer is their legal experience.

Look for a lawyer with experience in the law area under which your case falls, such as wrongful death. This experience ensures that the lawyer has in-depth knowledge and experience in handling similar cases. Another crucial aspect is the lawyer’s ability to evaluate your case effectively.

 A skilled lawyer will carefully assess the details of your situation, considering the evidence and applicable laws, to determine your case’s strengths and weaknesses.

How a Tucson Wrongful Death Lawyer Can Help You Build a Strong Case

This evaluation is crucial in developing a solid legal strategy. Client testimonials can also provide valuable insight into a lawyer’s reputation and ability to deliver favorable outcomes. Reading testimonials and reviews from previous clients can help you gauge a lawyer’s track record and their level of client satisfaction.

In addition to legal experience and case evaluation, communication and accessibility are vital components of a successful attorney-client relationship. Choose a responsive and readily available lawyer to address your concerns and answer your questions. 

Effective communication ensures that you are informed about the progress of your case and allows for a collaborative approach.

Navigating the Tucson Wrongful Death Legal Process

Filing a Claim: Filing a wrongful death claim involves several critical steps. Initially, it is essential to gather evidence that proves the defendant’s liability, such as medical records, accident reports, and witness statements. The claim must be filed within the statute of limitations, generally two years from Arizona’s death date. Our legal team will meticulously prepare your case, ensuring all documentation is accurate and submitted promptly.

Types of Damages Families can seek compensation through a wrongful death claim. These may include economic damages like medical and funeral expenses, lost wages, and the value of lost household services. Non-economic damages, such as loss of companionship, emotional distress, and pain and suffering, are also recoverable. In certain cases, punitive damages may be awarded to punish the defendant for particularly egregious behavior.

Should I File an Insurance Claim or a Lawsuit In A Tucson Court?

You have two different ways to get financial compensation in your wrongful death claim, and our wrongful death lawyers in Tucson can help with both.

Insurance Claim

Since an insurance company is involved, you could explore a claim and settlement agreement with the insurance company. There is a claims process that you would follow, submitting evidence of someone else’s legal responsibility and your damages.

We may then offer a settlement, and you would negotiate the amount. This is not an easy process because insurance companies often make an initial low settlement offer and only raise it after your lawyer rejects it on your behalf and intensively negotiates.

Lawsuit

The other option is filing a wrongful death lawsuit. If you try to work with the insurance company, it does not keep you from filing a wrongful death claim at another time. You can do it before the statute of limitations expires if the insurance company denies the claim or if they are being unreasonable in settlement negotiations.

Sometimes, this is the best way to show the insurance company that you mean business and that they should not try to take liberties with your legal rights. Many families will file a wrongful death lawsuit right after the accident. A settlement can still be negotiated during the process without ever needing a trial. A court hearing is very rare.

Frequently Asked Questions

What Is the Statute of Limitations for Filing a Wrongful Death Claim in Tucson?

The statute of limitations for filing a wrongful death claim varies by jurisdiction. It is important to consult with a qualified attorney to determine the specific time frame in Tucson.

When pursuing a wrongful death claim, it is crucial to understand the filing process, eligibility requirements, and compensation options. Having legal representation can greatly assist in navigating these complex matters and ensuring your rights are protected.

Are There Any Exceptions to Who Can File a Wrongful Death Claim in Tucson?

There are exceptions to filing a wrongful death claim in Tucson. Minors, incapacitated individuals, non-dependent adults, and non-dependent parents may face limitations when seeking to file a wrongful death claim. 

These exceptions ensure that the proper legal representatives, such as guardians or personal representatives, are involved in the process. It is important to consult with a knowledgeable and experienced attorney to understand the specific requirements and exceptions that may apply in your situation.

How Long Does It Typically Take to Resolve a Tucson Wrongful Death Claim?

On average, the resolution time for a wrongful death claim in Tucson can vary depending on several factors. These factors include the case’s complexity, the involved parties’ cooperation, and any potential legal challenges that may arise. 

It’s important to have legal representation throughout the process as it can significantly impact the outcome. Settlements in wrongful death claims can vary and are determined based on the specific circumstances of each case.

How Can a Tucson Wrongful Death Lawyer Help Navigate the Legal Process and Protect My Rights?

Legal representation in Tucson’s wrongful death cases is crucial for protecting your rights and navigating the complex legal process. A skilled Tucson wrongful death lawyer can guide and support your case. 

They will advocate for your rights, ensuring you receive the compensation you deserve. With their experience and dedication to justice, we will fight on your behalf, providing peace of mind during this difficult time.

Local Legal Resources and Support

Courthouses

• Pima County Superior Court, 110 W. Congress St., Tucson, AZ 85701, Phone: (520) 724-4200, Website
• U.S. District Court, District of Arizona, 405 W. Congress St., Tucson, AZ 85701, Phone: (520) 205-4200

Police Stations

• Tucson Police Department, 270 S. Stone Ave., Tucson, AZ 85701, Phone: (520) 791-4444

Hospitals

• Banner University Medical Center Tucson, 1501 N. Campbell Ave., Tucson, AZ 85724, Phone: (520) 694-0111
• St. Joseph’s Hospital, 350 N. Wilmot Rd., Tucson, AZ 85711, Phone: (520) 873-3000

Seek Help from a Tucson Wrongful Death Law Firm

If you have recently lost a loved one, you may be experiencing a lot of emotional pain. Though no amount of money can bring back your loved one, filing a wrongful death claim could provide you with an opportunity to recover damages for your losses. An attorney could help you seek justice for your family.

Please take action today and call our Tucson wrongful death lawyers at Zanes Law. We understand this is a difficult time for you, but the legal process often favors those who act quickly. For a free consultation, call us or fill out our simple form on our contact page.

Call or text 866-499-8989 or complete a
Free Case Evaluation form

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