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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.
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
There are many ways a wrongful death accident may occur. Common ways include:
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.
Yuma Wrongful Death Lawyer Near Me 866-499-8989
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.
Only certain close relatives are entitled to file wrongful death claims in Arizona. These typically include:
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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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.
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:
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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:
Losses suffered by family members are typically paid to them directly and may include:
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 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.
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.
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This was the 1st time I've used Zanes Law. It was a fantastic experience for having to go through a situation most would rather not. The attorney and staff were always available to answer my questions and explained things clearly and were obviously 100% in my corner. My attorney, Jim, was very genuine and made me immediately comfortable when I came in to speak with him about my case. Every case manager I dealt with was patient and helpful. I would definitely return to Zanes should the time ever come again that I need a personal injury firm.
Hello! As client of Zane law I was recently involved in accident last September and my recovery is still healing but Zane law checked on me and made sure everything was going smoothly and made sure I was on the right step every single time. I definitely would used them again ! They have helped my recovery so much and being a mom of 6 it has made my days alittle more better/easier! From chiropractor to message therapist and making sure I had that extra help like trauma counseling to get through my days! I thank you so much Rachel and Annabelle!
Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS
Zanes Law was a terrific legal experience. I first went to a law firm that only wanted me to go to physical therapy and pad the bill, so they could utilize my insurance policy to its capacity. Once I went to Zanes, they were honest, professional and prompt with calls almost once a week. Sometimes I got a call just because we did not have contact for close to two weeks. Some calls were to just ask how I was doing. I also received more money than originally discussed. Great job Zanes Law!!!!! If need be I will use their services again. THANKS
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