When a person passes before their time, their loved ones must figure out how to manage their affairs and continue living after the loss. Fatal accident cases are some of the most challenging legal actions to litigate, so it is essential to hire a Glendale wrongful death lawyer to handle your case.
At Zanes Law, we recognize no amount of money will bring back your loved one, but monetary damages could help you and your family get back on your feet after such an unfortunate loss. Consider talking to a seasoned personal injury attorney about pursuing a lawsuit.
Understanding Wrongful Death Actions
Filing a wrongful death action is not the same as pressing criminal charges. Success in a civil claim will not result in jail time or other criminal penalties for the defendant.
The purpose of a fatal accident claim is to obtain monetary compensation from the negligent person or entity. An attorney who regularly handles wrongful death cases could help a family pursue damages through a trial or settlement.
For a free legal consultation with a wrongful death lawyer serving Glendale, call 866-499-8989
Assigning Liability in a Lawsuit
The most important aspect of a wrongful death case is proving the negligence of the other party. Negligence refers to the act or failure to act that caused the accident victim’s death. Intent is not a factor in fatal accident claims, as the court typically compares the defendant’s actions with what a reasonable person might do in a similar situation.
In a fatal accident case, the type of accident typically impacts who the plaintiff files the lawsuit against. Any accident can result in a fatality, but some of the most common incidents that lead to death include severe motor vehicle collisions, slip and falls, construction accidents, and swimming pool drownings.
In certain cases, there may be multiple defendants, including government municipalities and private corporations. A skilled lawyer could identify the people or entities responsible for a fatal accident.
Glendale Wrongful Death Lawyer Near Me 866-499-8989
Beneficiaries of Wrongful Death Damages in Glendale
State law does not allow everyone to sue for wrongful death. Only spouses, children, parents, and guardians may file a fatal accident claim. If an individual is not one of those permitted family members, they should contact a wrongful death attorney in the area to discuss whether an exception may allow them to sue. Standard exceptions include domestic partners, grandchildren, and estate representatives.
Compensation after an Accident Resulting in Death
Recovery in wrongful death cases is limited to economic and non-economic losses. Economic damages include any financial support that the accident victim would have given the plaintiff during their lifetime.
Legal professionals typically calculate these wrongful death damages by assessing the deceased’s employment, life expectancy, and prior earnings. Financial losses also include funeral and burial expenses.
Non-economic damages are more difficult to quantify but are equally as important. They refer to what the victim would have contributed to their family and community in terms of society and companionship, protection, moral support, training and guidance, and intimacy.
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Call a Glendale Wrongful Death Attorney to Discuss Your Case
The death of a loved one is undoubtedly a tragedy, and fatal accident cases often bring up many emotions for families. Selecting the right lawyer to handle your family’s claim can make all the difference in your potential success. Contact a Glendale wrongful death lawyer today to discuss how our firm could help you.
Wrongful deaths include any fatalities that occur due to the negligence of another person or entity. In 2017, almost 169,936 accidental deaths occurred in the United States, according to June 24, 2019 edition of National Vital Statistics Reports.
Some of these accidental deaths could qualify as wrongful deaths in Arizona, which occur when a wrongful act, negligence, or recklessness leads to death. Another way to look at the definition is to consider if the person who passed away—had he or she survived—would have filed a personal injury claim. Arizona law allows close loved ones to file a wrongful death case on behalf of the deceased to pursue damages related to their loss.
Understanding a Wrongful Death Claim
With a wrongful death claim, loved ones of the deceased person seek justice for their loss. Sometimes, a wrongful death claim may follow the results of a criminal trial. Other times, the family may choose to file the wrongful death claim before any criminal proceedings. Wrongful death claims are civil actions and can be pursued regardless of whether the liable party was charged with or convicted of a crime.
Parties Who Can Bring a Wrongful Death claim
Multiple people who were close to the deceased person have the right to file a wrongful death claim, including the deceased person’s:
- Life partner
Additionally, anyone who is financially dependent on the deceased has the right to bring a wrongful death claim.
Should the deceased have no living relatives, a personal representative may bring the suit on behalf of the deceased’s estate. If multiple family members are going to be part of the claim, the personal representative can act on behalf of all the family members together.
With Zanes Law on your side, you can spend time with your family while a wrongful death accident lawyer handles the negotiations. Call us today at (866) 499-8989 to get started.
Potentially Recoverable Damages in a Wrongful Death Action
If you are eligible to receive damages in a wrongful death claim, you may receive payment for any or all of the following depending on the specifics of your case:
- Funeral costs
- Burial costs
- Other costs related to the death
- Costs related to medical treatment after the accident
- Loss of the loved one’s financial contribution to the family
- Loss of rights to an inheritance
- Loss of property
- Emotional trauma and grief for the family members
- Pain and suffering the loved one may have suffered in the accident
- Loss of consortium
- Loss of companionship
If the case goes to trial, jurors under Arizona state law are instructed to issue damages that they deem to be fair and just. Ultimately, the actual damage amount you may be able to recover in a wrongful death lawsuit will depend on the facts in your case.
How Wrongful Death Occurs
Multiple types of accidents could result in a wrongful death. Some specific situations may include:
- Automobile accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents with a motor vehicle
- Bicyclist accidents with a motor vehicle
- Workplace accidents
- Construction accidents
- Medical misdiagnoses
- Improper administration of medication
- Slip and fall accidents after improper maintenance of a building or property
- Defective products
- Acts of neglect in a hospital or nursing home
- Acts of violence
- Accidental poisoning
These examples do not list every potential cause of wrongful death. A situation in which another person failed to prevent an accident that leads to death can be considered negligent, as well. Your wrongful death attorney in Glendale can help you determine the next steps that may be available to you following your loved one’s accident and passing.
Services a Wrongful Death Lawyer Provides
When you hire Zanes Law to represent your family in your loved one’s wrongful death claim, our team of lawyers will provide a number of services, including:
- Handling paperwork and communications: We will file all the necessary documents within the state’s deadlines.
- Negotiating with insurers: We will negotiate with the responsible party’s insurance company, giving you more time to grieve with your family members.
- Studying the case: We will analyze police reports and other information related to the case, ensuring that we can present the facts that show the damages you deserve.
- Interviewing witnesses: We can speak with people who were present during the accident, ensuring all the facts in the case are represented correctly.
- Ensuring fair treatment: We will take the time to make sure an insurance company is not trying to bully you into accepting an insufficient offer when the facts in your case indicate you should receive a greater award.
Protecting the Rights of Our Clients to Pursue Damages
As wrongful death accident lawyers in Glendale, AZ, we know how to negotiate with insurance companies on behalf of our clients. We will fight for your right to compensation for the death of your loved one.
Contact Zanes Law today at (866) 499-8989 for a free consultation. We work on a contingency-fee-basis, so you pay nothing upfront or unless we secure awards on your behalf.