Wrongful Death Attorney in Glendale, Arizona - David J. Klink, Attorney at Law

Wrongful Death Attorney In Glendale, AZ

Dealing with the 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:

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.

Steps We’ll Take as Your Glendale Wrongful Death Attorney

Your claim must be within the statute of limitations, which is the legal time span in which you can seek damages. If this is the case, we can then begin with:

Evaluating your case to determine if a wrongful death claim should be pursued.
An investigation into the death of your loved one will begin.
Evidence will be collected, and liabilities will be examined.

Once we reach this point, we’ll need to start considering the adequate compensation to seek. We will need to review financial records and begin to analyze the lost wages that your loved one would have made if not for their untimely death.

We’ll need to consider a normal career trajectory and account for raises and promotions.

If your loved one was in the hospital before their death or needed medical treatment, we’ll consult with medical professionals to better understand the pain and suffering that they would have felt.

Once we have enough evidence to file a claim and facts to strengthen it, we’ll:

Contact the defendant and tell them that we have intentions to file a claim
Engage in settlement discussions and negotiations
File a claim in court if we cannot settle

If a loved one was killed due to someone else’s negligence, we want to hear from you. Even if the statute of limitations has passed, there are unique circumstances that may allow us to seek justice.

Call us at (602) 899-2389 to speak to a Glendale wrongful death attorney.

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.

Who Can Be Held Responsible for a Wrongful Death?

Who is liable for your loved one’s death? Multiple parties may be liable for the events that lead to the death, and the exact parties will depend on the type of accident that occurred. If a person died in a drunk driving accident, it may be possible to seek damages from:

The drunk driver or their employer if they were driving as part of their job.
Manufacturers of faulty parts of a vehicle that may have led to the accident or stopped safety systems from operating properly. Installers of these components may also be held liable if their negligence contributed to the accident.
If the person was drinking at a bar, restaurant, club or similar, the person who served the alcohol or the owner of the establishment may be held liable.

If there was a hazard on the road, such as a pothole that caused the driver to lose control of the vehicle and has been ignored for some time, even the local government or its employees may be held liable.

Imagine if the accident occurred on a roadway where an abrupt curve is present and accidents in the area are very common. We may even be able to seek damages from the roadway designer if, for example, they failed to follow strict codes or standard building codes.

Holding all parties responsible for their negligence and breach of duty of care is important and can limit the risk that full compensation will not be paid.

Determining the right parties to hold accountable takes time, so it’s best to speak to an attorney as soon as possible.

As your Glendale wrongful death attorney, we’ll work to understand the circumstances surrounding your loved one’s death. We cannot bring the person back, but we can help ease the financial burden on the loved ones that they left behind.

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.

Does Arizona Limit the Compensation in a Wrongful Death Claim?

No. In the state of Arizona, there is no cap on wrongful death claims. There is no limit on the amount of compensation you can recover as a plaintiff.

How is the Validity of a Claim Determined?

When filing a wrongful death claim, the burden of proof lies on the filing party (the plaintiff). There must be a preponderance of evidence to demonstrate that the claim is more likely to be true than not.

There are four main elements that must be shown:

The decedent was owed a duty of care.
That duty of care was breached negligently or wantonly.
The defendant’s negligence was the direct cause of the decedent’s death.
Surviving family members experienced real and compensable losses due to their loved one’s loss.

Damages can include funeral costs, lost future income, loss of consortium, and pain and suffering.

Your Glendale wrongful death attorney can help you understand whether you have a valid claim and assist with gathering evidence to support your claim.

What is the Statute of Limitations on a Wrongful Death Claim in Arizona?

A.R.S. 12-542 states that there is a two-year statute of limitation for personal injury claims, and that includes wrongful death claims.

In other words, you have two years from the time of the incident to file a claim and pursue compensation.

Unless there is an extreme circumstance or exception, the court is likely to dismiss a lawsuit filed after the statute of limitations expires.

There are a few exceptions to the two-year rule. For example, claims against government employees or entities must be filed within 180 days.

Because you have a limited time to file a personal injury claim in Arizona, it is crucial to hire an attorney and begin the claims process as soon as possible.

How Do I Choose the Best Personal Injury Attorney for My Claim?

Wrongful death claims can be complex, and multiple parties may be involved. Hiring an experienced Glendale wrongful death attorney is crucial. Your lawyer should have experience handling cases similar to yours, a positive reputation and a track record of success.

They should also have the capacity to give your case the right amount of attention and be willing to fight for the compensation you deserve.

Scheduling consultations is an excellent way to determine whether an attorney would be a good fit for your case.

When Should I Hire an Attorney for My Wrongful Death Claim?

The loss of a loved one is devastating. While you may still be grieving, it’s important to remember that time is of the essence when filing a wrongful death claim.

The two-year statute of limitations means that you have only a short window of opportunity to file a claim.

Consider hiring a lawyer as soon as possible to ensure that evidence can be gathered, and the claims process can begin.

The burden of proof lies on you, the surviving family members, to prove your wrongful death claim. Hiring an attorney early on can help ensure there is ample time to gather proof while it is still fresh.

Should I Settle My Wrongful Death Claim?

Whether or not you should settle your claim will depend on a number of factors, but the decision to settle is not one to take lightly. Your Glendale wrongful death attorney can advise you and help you come to your decision.

However, it is not uncommon for a case to be settled after a jury has been picked or after a few days of presenting evidence. Often, these settlements are several times higher than what the defense originally offered.

There are no guarantees, but if the evidence and facts are in your favor, being patient and having a willingness to try your case can maximize the possibility of a fair settlement.

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.

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