How to File a Wrongful Death Lawsuit in Arizona
If your loved one was involved in an accident that resulted in their death, you may have a wrongful death claim. Whether it be a hit-and-run accident or a construction injury that results in death, wrongful death lawsuits are enforced to help the family of the deceased financially cope and obtain justice for their loss of a loved one.
What is Wrongful Death?
The law in Arizona defines “wrongful death” as death which is caused “by a wrongful act, neglect or default. As per the A.R.S. Section 12-611, this type of case is applicable if the deceased could have filed a personal injury case in court due to neglect or wrongful demeanor.
Who Can File a Wrongful Death Claim in Arizona?
Laws in Arizona cap off who is eligible to file a wrongful death claim. Here are the eligible people who can file a claim in Arizona courts:
- Surviving spouse of decedent
- Surviving parent/guardian of decedent
- Surviving child of decedent
- Personal representative of decedent or their estate
If the surviving child of the decedent is a minor, a wrongful death lawsuit may be filed by the legal guardian of the child.
How to File a Wrongful Death Lawsuit
The legal process in Arizona can sometimes be complex. These kinds of lawsuits are no exception. All cases are different and it takes a qualified Arizona wrongful death attorney to handle the sensitive nature of these cases.
The Investigation
The investigation is the first step of the pre-litigation process. David Klink, a reputable wrongful death attorney, will ask many questions and begin the legal research associated with the uniqueness of your case. Mr. Klink is widely knowledgeable of local, state and federal statutes.
Mr. Klink will begin building your case. He will make formal demands on your behalf to retrieve the compensation you need to financially stabilize after your unfortunate loss. The liable party will be held responsible.
Litigation Process
After the investigation phase concludes, a complaint and summons will be sent to the wrongdoer. The defendant will provide formal answers and the discovery process commences. The discovery process obtains all relevant information from both sides regarding the incident.
Mr. Klink will aggressively your claim on behalf of your loved one. This process continues until a jury enters a verdict regarding the information presented.
Settlement
After sufficient investigation the case may be ripe for settlement. Mr. Klink will participate in negotiations to obtain the maximum compensation for you. This can be an informal step in the process if both sides can reach an agreement.
If both parties cannot reach an agreement, the wrongful death case may go to a formal trial.
No matter what happens throughout your case, you can rest assured knowing you are in good hands. Mr. Klink is a top wrongful death attorney in Arizona and is prepared to stand for you and your family. Wrongdoers must be held accountable and you deserve compensation to provide stability and justice for the unfortunate loss of your loved one. Please call Mr. Klink today at (602) 899-2389.