Yuma Wrongful
Death Lawyer

The loss of a loved one in an accident is an overwhelming tragedy; fortunately, there is help available. If your loved one has been killed in a wrongful death accident in Arizona, you may be entitled to compensation to help deal with the financial consequences through a wrongful death lawsuit.

While no amount of compensation can make up for your loved one’s death, a settlement can alleviate the financial hardship caused by the tragedy. Zanes Law’s wrongful death lawyers in Yuma, AZ, can handle the legal technicalities of filing a claim to help your family seek the compensation you deserve.

Wrongful Death in Arizona

A wrongful death case may be thought of as a personal injury case for the deceased person who can no longer file a suit, so it is brought to court by close family members on their behalf.

Arizona liability laws are complicated, but a wrongful death attorney in Yuma, AZ, can navigate through them to help you pursue the settlement you deserve. The wrongful death accident lawyers at Zanes Law know the courts, the judges, and the system to help you get started with your case.

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

Causes of Wrongful Death

There are many ways a wrongful death accident may occur. Common ways include:

• Vehicle accidents
• Medical malpractice
• Premises liability
• Construction site accidents
• Product liability

In most situations, we can have to show that the individual, corporation, or government entity you are suing was negligent and failed to exercise ordinary care to prevent foreseeable injury to others. An example of this kind of negligence would be a driver who caused a car accident by speeding through a red light.

No matter what caused your loved one’s death, we can assist you in pursuing the negligent party and help your family begin to heal.

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What You Should Know About Making a Wrongful Death Claim in Arizona

Arizona law places limits on who can file a wrongful death claim, the time limit for filing, and the damages that may be collected. There are also comparative negligence laws involved. Your wrongful death accident lawyer will examine your situation and determine how the laws apply to your case.

People Who Can File for Wrongful Death in Arizona

Only certain close relatives are entitled to file wrongful death claims in Arizona. These typically include:

• the surviving spouse, child, parent, or guardian of the deceased person
• the personal representative of the above
• the personal representative of the decedent’s estate

Time Limits on Arizona Wrongful Death Claims

Similar to Arizona’s statute of limitations for filing personal injury claims (ARS § 12-542), Arizona law requires that wrongful death claims must generally be filed within two years of the date of the victim’s death, or the court will likely refuse to hear the case.

In cases where a public entity such as a school district, municipality, or the State of Arizona contributed to wrongful death, there are special timing requirements and procedures. A “Notice of Claim” must be filed within 180 days, and a lawsuit must be initiated within one year after the cause of action.

These deadlines may be extended under certain circumstances. Your Yuma wrongful death lawyer will assist you in complying with all deadlines.

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Who to Hold Accountable for Arizona Wrongful Deaths

It can be difficult to assign liability for a loved one’s passing. While you may instinctively want to take action against an individual, there are other parties that may direct your claim elsewhere.

Consider, for example, the story of Vivian Varela. Daughter of Melissa and Mitchell Varela, Vivian passed after a car accident in Phoenix, AZ. The family hasn’t taken up a complaint against the other driver, though. Instead, discovery revealed that the brakes in the driver’s car were poorly made, and that the car didn’t come with an automatic emergency brake.

In light of this oversight, the Varela family has charged Fiat Chrysler Automobiles with the loss of their daughter. At this point in time, the Arizona Supreme Court has moved the family’s case forward despite arguments submitted by Fiat Chrysler.

How to Assign Liability in a Wrongful Death Case

When it comes time to assign liability in a wrongful death case, you can talk to an attorney about who you might have good reason to name. To do so, you can consider who owed you a duty of care at the time of your accident and what evidence of negligence you have on hand. You must be able to back your assertion of liability if you want to take your claim to court.

The evidence that you can submit alongside an assertion of liability in your wrongful death claim includes:

• Footage of your accident
• Bystander reports
• Police testimony
• An assessment of a loved one’s injuries
• Statements from expert witnesses
• Accident recreations

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You Can Recover Damages in a Wrongful Death Case

In a wrongful death case in Arizona, liability is expressed solely in terms of money damages. A wrongful death lawyer in Yuma normally outlines two general categories of damages – losses to the deceased person’s estate and losses suffered by family members.

Losses to the estate are typically paid to the estate and may include:

• Estate administration expenses
• Funeral and burial expenses
• Medical bills for the decedent
• Lost wages and benefits that would have been earned by the decedent
• The cost of the event-damaged property
• Pain and suffering endured by the deceased person before death

Family Members May Be Entitled to Additional Support

Losses suffered by family members are typically paid to them directly and may include:

• The lost value of household services the deceased person performed
• The loss of care, companionship, and guidance for a child or spouse
• Pain and suffering to the family members

In Arizona, family members must decide how to divide the total damages award among themselves or the court will order how the damages will be divided.

Arizona’s Comparative Negligence Laws

Arizona wrongful death cases are judged based on a percentage of responsibility. Even if your loved one was partially at fault for their accident, the comparative negligence law protects your right to recover damages from the liable party on a prorated basis.

For example, if the court found your loved one 10% responsible for the accident, your wrongful death claim could still seek compensation for the remaining 90% of the resulting damages.

Get Help From a Wrongful Death Attorney in Yuma, AZ, Today

If you have lost a family member in an Arizona wrongful death accident, you do not have to face going through the complicated process of recovering your damages alone. The wrongful death accident attorneys in Yuma, AZ, at Zanes Law know what you are going through and have the resources to fight for the settlement you deserve.

The loss of a loved one in an accident is an overwhelming tragedy; fortunately, there is help available. If your loved one has been killed in a wrongful death accident in Arizona, you may be entitled to compensation to help deal with the financial consequences through a wrongful death lawsuit. Contact us today to get started with a free consultation.

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