Losing someone in an unexpected accident can put a lot of emotional strain on you and your family. If your relative did not cause the accident in which they lost their life, you and your family could file a legal claim against the at-fault party. With the help of a Phoenix wrongful death lawyer, you should receive compensation for your losses. Get in touch with our compassionate personal injury attorneys to discuss your potential case.
The death of a loved one can hit a person with a wide range of emotions, usually all at once. It is especially tragic when it could have been prevented. A death resulting from negligence can really hit home. However, the family may be effectively paralyzed when it comes to finding a way to deal with the guilty party as the person who usually handles that sort of thing is the hardest hit by the tragedy. Worse, it may be possible that the family lacks the legal expertise required to see that the offending party is effectively held responsible. In this regard, the services of a wrongful death attorney in Phoenix may be required.
In Arizona, a wrongful death is when the death of an individual is due to negligent or willful misconduct. It is usually seen in cases where the death was due to an accident that could have been reasonably prevented had certain steps been followed.
A wrongful death lawsuit is generally used to offset some sort of economic loss, such as the lost future earnings of the deceased, the outstanding medical bills, and funeral and burial expenses from the person’s death. When it comes to establishing the value of the deceased’s life, the emotional pain and suffering are part of that formula. Many times the price of grief can be high. Punitive damages are also considered, especially when such damages are used to make it clear to the responsible party that the underlying actions were wholly unacceptable. If you find yourself in need of help after losing a family member, call the local attorneys at Zanes Law.
A wrongful death occurs anytime someone dies in a situation where they would have been entitled to pursue a claim for personal injury had they survived the accident or altercation. This includes not only situations involving negligence or willful misconduct, but deaths resulting from defective products and dangerous premises as well. Some common examples of accidents, incidents, and fatal injuries that can give rise to claims for wrongful death include:
• Car accidents, truck, motorcycle, and other vehicle accidents
• Choking, malnutrition, fractures, and other dangerous conditions in nursing homes
• Construction accidents and other work-related incidents
• Injuries caused by dangerous and defective products
• Slips and falls from ladders and dangerous premises
• Drownings and swimming pool accidents
Many wrongful death cases involve severe brain and spinal cord injuries. These injuries are exceedingly common in serious collisions, falls, and other accidents – and they often have tragic consequences. According to the Centers for Disease Control and Prevention, as many as 30 percent of all injury-related deaths result from traumatic brain injuries (TBIs), and 92 percent of victims of penetrating traumatic brain injuries die as a result of their injuries. At Zanes Law, our lawyers have particular experience helping clients recover compensation for injuries and deaths resulting from spinal cord injuries and TBIs.
Under A.R.S. Section 12-612(A), an action for wrongful death shall be brought by and in the name of the surviving:
• Husband or wife;
• Children, both natural and adopted;
• Natural parents, adoptive parents, or guardian; or
• Personal representative of the deceased person for and on behalf of the surviving husband or wife, child, parents, or if none of these survive, on behalf of the decedent’s estate.
Additionally, either parent may maintain a wrongful death action for the death of a child. Under Arizona law, however, if any family member who would have been eligible to file a wrongful death lawsuit or benefit from damages awarded by a wrongful death lawsuit, is found guilty under A.R.S. Section 13-3623 (child or vulnerable adult abuse), or A.R.S. Sections 13-1103-1105 (manslaughter, second- and first-degree murder), the law treats the family member as having predeceased the decedent and therefore disqualifies them from recovering benefits. This portion of the state law eliminates a loophole that, in the past, had allowed family members who had caused the fatal accident to benefit from a lawsuit. Speak with an experienced wrongful death lawyer to learn more about the laws governing these cases.
A Phoenix wrongful death lawyer can be the help that you need to deal with a fatal accident case. We can help you find out what you need in order to properly pursue a wrongful death lawsuit, making sure that you know what evidence you need as well as which steps are required. Our lawyers can also help you negotiate the best possible settlement.