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Contact our Glendale personal injury attorney at Klink Law, PLLC, for your free and confidential case evaluation following an injury to you or a family member.
Wrongful Death Attorney In Glendale, AZ
Dealing with a death of a family member who may have been killed due to the negligence of a third party can increase the grief felt by surviving family members. No amount of money can replace the loss of your loved one or the grief that you and your family are going through. The only mechanism that the legal system can provide to make you and your family whole for the loss of a loved one caused by the carless of someone else is financial compensation. Having an experienced Glendale wrongful death attorney represent your case can significantly increase the odds of a favorable outcome.
No matter if it’s from a car accident, medical malpractice, or workplace accident, losing a loved one unexpectedly and suddenly due to someone’s negligence invokes anger at the death and confusion with the legal process. Luckily, we can help you understand the legal process and process help you deal with the frustration, confusion, and pain that comes along with losing a loved one in a fatal accident. Allow Klink Law, PLLC to handle the legal issues so you and your family can focus on your grieving process. We understand that money can’t solve your grief, but holding the negligent party accountable for their actions can bring justice and closure to you and your family. Call Klink Law, PLLC today for a free consultation and to learn more about how we can help you.
What Is A Wrongful Death Claim In Arizona?
The term “wrongful death” refers to a type of negligence case where a fatality has occurred. Any wrongful act or neglect leading to someone’s death can be a basis for a wrongful death claim. Ariz. Rev. Stat 12-612(C). Wrongful death lawsuits in Arizona are governed by a number of particular rules, which work similarly to personal injury claims with a few key differences. Negligence is still a factor, but the process through court and the sums that may be recovered are different. In Arizona, you have the right to bring a lawsuit for wrongful death if you’re a parent, legal guardian, child, or surviving spouse of the deceased person.
Examples of Wrongful Death Claims in Arizona
Accidental deaths are often traumatizing events that can alter the lives of the loved ones left behind. While settlements after an untimely death cannot bring back your loved one, a case against the at-fault person or entity can compensate for the family’s loss. There are certain rules that govern wrongful death cases and make them different than ordinary negligence claims and it is important that you seek legal counsel immediately from a wrongful death attorney in Glendale, AZ if you suspect that your loved one has died due to negligence of a third party. Some of the more common examples of wrongful death claims in Arizona include the following:
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Drunk Driving Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Construction Accidents
- And More
Types Of Damages In Wrongful Death Cases In Arizona
It’s unusual for a case to result in more losses and financial devastation than a wrongful death claim. When another person’s carelessness results in the final cost being paid, the financial compensation owed to those left behind is completely appropriate. Here are just a few examples of the sorts of damages that might be recovered by a Glendale wrongful death lawyer:
Medical Expenses
It’s quite common in cases of manslaughter for the victim to be taken to a hospital in the hopes of saving their lives. However, life-saving attempts aren’t always successful, and when those medical expenses are tallied up, they likely will be significant.
Funeral Expenses
It’s no secret that funerals can be very expensive, especially when you take into consideration everything needed for a loved one’s final farewell. Funerals can cost thousands of dollars, and many families are not financially prepared to bear the expenses following such a sudden and tragic death of a loved one.
Property Damage
Property damages are also common in wrongful death claims in Arizona. It’s natural to overlook some of the lesser harms after the loss of a loved one, but an experienced Glendale wrongful death attorney can assist you with each and every damage that occurred so that all losses may be compensated.
Loss Of Income
In the case of an untimely death, a family may be able to recover economic damages. This includes money that the deceased would have earned in his or her lifetime had he or she lived a healthy life. This might total years and years of relief for loved ones’ relatives depending on when the accident occurred.
Loss Of Companionship
The loss of love, company, comfort, care, assistance, protection, affection, society, moral support, training, and guidance are all examples of this form of recovery. Although these aren’t physical losses in the traditional sense , they are often the ones that sting the most. However, these damages can be especially hard to prove without the help of a skilled wrongful death lawyer. At Klink Law, PLLC, we will make it a priority to ensure that your family is compensated fairly.
Punitive Damages
In certain circumstances, such as when an act that causes death to others is particularly cruel, the relatives of the deceased could pursue and reclaim punitive damages. These awards are not linked to any particular kind of damage but rather serve the cause of justice.
Due to the numerous sorts of damages that go along with a wrongful death claim, it’s critical to have an experienced Glendale wrongful death attorney on your side who has dealt with these circumstances many times before. Every one of these sorts of situations is unique, and each requires a unique and personalized approach and custom legal strategy to obtain the best outcomes.
Elements Of A Wrongful Death Lawsuit In Arizona
If you or someone close to you has decided to file a wrongful death claim on behalf of the deceased’s estate, a wrongful death lawyer in Glendale, AZ can help you with all of the legal pieces of your case. These parts are essential for establishing that a wrongful death judgment is appropriate and that compensation should be paid to the surviving relatives. The following are some of the elements that make up a wrongful death lawsuit:
Duty Of Care
The first step in defending against a negligence claim in a wrongful death case is to demonstrate that the negligent individual owed the victim a duty of care under the law. For example, when a car collides with a motorcyclist, the at-fault driver owes him or her a safe passage across lanes to avoid an even greater catastrophe. When someone dies as a result of not meeting that duty of care, they have not fulfilled it.
Breach Of The Applicable Duty Of Care
The plaintiff must establish that the defendant fell below the required standard of care in light of the circumstances. If a driver crossed lanes without looking and collided with a motorcyclist going at a high rate of speed, for example, his or her behavior would most likely be considered negligent and result in an obligation-of-care breach.
Cause
To recover damages in an Arizona wrongful death case, the estate must be able to show that the negligent acts of the defendant caused the decedent’s death with complete certainty. In other words, if the liable party had acted responsibly, then the deceased’s death would have been preventable and avoidable.
Damages
Expert witness testimony may be used to establish damages in a wrongful death claim in Arizona. As previously said, the surviving loved ones of a deceased individual might seek many types of compensation, including medical expenses, future lost earnings, conscious pain and suffering, and funeral costs. Additionally, relatives may be compensated for the value of support and services given by the deceased, emotional and mental anguish, and more. Fortunately, a Glendale wrongful death attorney can aid you in this complicated and stressful procedure so that you can focus on what is most essential.
Statutes Of Limitations For Wrongful Death Claims In Arizona
In Arizona, a two-year statute of limitations applies to claims for wrongful death. A surviving spouse, children, or parent of a deceased person may bring a claim for wrongful death. If no other relatives are available or willing to do so, a personal representative of the deceased’s estate may file a claim. This includes personal representatives of someone who has died as a result of injuries sustained in a car, truck, or motorcycle accident. If the person who died was a child, either parent or the legal guardian can bring a lawsuit. To learn more about who is authorized to file a claim, get advice from a personal injury attorney that specializes in wrongful death law.
Frequently Asked Questions
Which Family Members Are Entitled To Wrongful Death Benefits?
In a case of death due to malpractice, the surviving spouse, children (adults or minors), and parents of the deceased are eligible to file claims for their loss. Because only people meeting the criteria defined by statute are permitted to make demands, these individuals are known as statutory beneficiaries.
A single lawsuit is filed on behalf of all beneficiaries. In most situations, a single law firm may represent all of the family members without conflict of interest, although separate representation may be required if there are squabbles among family members or if they disagree on the case objectives, or how the money recovered will be divided. A settlement must be agreed to by all statutory beneficiaries before a settlement can occur; otherwise, the case will have to go to court where the jury will divide the compensation among them.
Who Can File A Wrongful Death Lawsuit In Arizona?
A wrongful death claim can be filed when the deceased person could have brought a personal injury lawsuit based on the defective or negligent behavior that resulted in his or her injury. In other words, a wrongful death case is like a personal injury case in which the injured individual (the decedent) cannot bring the suit on his or her own behalf. Someone else must step in and file the lawsuit instead. According to Arizona law, the following people are permitted to file a wrongful death lawsuit in the state’s civil courts:
- The deceased person’s surviving spouse
- Any surviving child of the deceased person
- A surviving parent or guardian of the deceased person, or
- The deceased person’s personal representative (called an “executor” in some states) on behalf of a surviving spouse, child, or parent, or on behalf of the estate if none of those people survived the deceased.
According to Ariz. Rev. Stat. § 12-612, if the deceased person is a child, either of the child’s parents or a legal guardian may file a wrongful death claim on his or her behalf.
What Do Wrongful Death Lawsuits Do?
Wrongful death claims serve a variety of purposes. For example, they hold negligent parties accountable for causing preventable fatalities. Responsibility is an essential step toward preventing future mishaps that cause additional suffering. Wrongful death lawsuits are also crucial for the financial compensation of a decedent’s surviving loved ones. Wrongful death compensates for pain and suffering, any medical expenses incurred before the person died, the loss of a person’s income, and other losses connected with their passing.
Contact A Glendale Wrongful Death Attorney Today
Losing a loved one unexpectedly and suddenly due to someone’s negligence invokes anger at the death and confusion with the legal process. Klink Law, PLLC can help you understand the legal process and help you deal with the frustration, confusion, and pain that comes along with losing a loved one in a fatal accident. Allow our Glendale wrongful death attorney to handle the legal issues so you and your family can focus on your grieving process. If you feel that your family member was wrongfully killed in an accident, help is only a phone call away. No matter if your loved one’s death was associated with medical negligence, a vehicle collision, or any other type of accidental death. Klink Law, PLLC will explain your legal options and rights to you carefully. To learn more about how we can help you with a wrongful death claim in Arizona, please contact us today. We are here to provide you with the help and support you need to get through this tragic loss.
Questions? We Can Help
Based out of Glendale, AZ Klink Law, PLLC focuses on Personal Injury Litigation, Licensing Board Defense, and General Civil Litigation. David Klink takes pride in the opportunity to personally serve his clients and he will take the time to explain the legal process and answer your questions.