The death of a love 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 Zanes Law wrongful death lawyer 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.
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 Phoenix wrongful death 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 degree murder 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 Arizona wrongful death law eliminates a loophole that, in the past, had allowed family members who had caused the wrongful death to benefit from a wrongful death lawsuit.
The Zanes Law wrongful death lawyers are located in both our Tucson and Phoenix offices and can be the help that you need to deal with a wrongful death 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.
After I was hit by a drunk driver last year, Zanes Law handled my case and my experience was a positive one. Even though the guy was never given a sobriety test (due to a lot of inconvenient and frustrating circumstances including police incompetence and other thinKayley Self Personal Injury
Good people to work with.Greg King Personal Injury
I never though of myself as a person that would ever file a lawsuit, but sometimes you have to do what you don't want to do to get what you need/deserve this was one of those times i didn't know a thing about the process they we very helpful in answering all of myNate Ash Showers Personal Injury
4222 E. Thomas Rd., #230
Phoenix, Arizona 85018
If you or a loved one has suffered an injury, or worse... we are here to help. Please don't hesitate to reach out.