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FIDING SOLACE AFTER THE LOSS OF A LOVED ONE
One of the most tragic things to happen is the death of a loved one, but when that death is premature due to negligence or intention of another person or entity, the tragedy is even harder to bear. It’s an emotional time, but it’s important to know your rights under Arizona law. You may be able to recover financial damages with the help of a wrongful death attorney.
At Cluff Injury Lawyers, we know how difficult and unexpected it can be to lose a loved one in an accident. We know that it may seem incomprehensible to even think about moving on or to devote time to filing a lawsuit.
However, we want you to know that you have rights under Arizona law when another party’s negligence or reckless behavior caused your loved one’s fatal injuries. A Phoenix wrongful death attorney can speak with you today about your options for filing a wrongful death lawsuit.
What is a Phoenix Wrongful Death Claim?
Under Arizona’s wrongful death statute, when a person’s death results from another party’s negligence and the deceased would have been able to file a personal injury claim if she had lived, then a survivor may be eligible to file a wrongful death lawsuit.
Wrongful death law is similar to personal injury law in that it allows a victim (or his or her family) to obtain financial compensation for injuries caused by someone else’s careless or harmful actions. Wrongful death law assumes that the deceased would have filed a personal injury lawsuit to hold the negligent party responsible if the deceased person had suffered non-fatal (instead of deadly) injuries. Since the deceased did not survive the accident, a survivor or representative essentially steps into the shoes of the deceased and files a claim for compensation for the deceased’s injuries.
Types of Phoenix Wrongful Death Cases We Handle
At Cluff Injury Lawyers, we handle a wide variety of wrongful death cases. These lawsuits can arise from many different kinds of accidents, including but not limited to the following:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Bus accidents;
- Boating accidents;
- Train and light rail accidents;
- Medical malpractice;
- Construction accidents;
- Workplace accidents;
- Defective products and product liability;
- Slips and falls, and other types of premises liability;
- Dog bites and animal attacks; and
- Nursing home abuse and neglect.
No matter how the wrongful death of your loved one occurred, a dedicated wrongful death lawyer in Phoenix can assist with your case. We provide personalized and compassionate representation to each of our clients, and we can assess the facts of your claim today.
WHEN A FAMILY MEMBER IS UNEXPECTEDLY KILLED
WHAT HAPPENS IN WRONGFUL DEATH LITIGATION
COMPENSATING WRONGFUL DEATH
If another person caused the death of your spouse or child, either intentionally or not, you may have a wrongful death case. It’s important to contact competent and knowledgeable attorneys to help get you financial compensation to at least lessen that worry. There is no set amount of money that is worth a person’s life, but the courts have ways to determine loss of future earnings, spousal emotional support, and in the case of minor children, loss of parental guidance.
In general, the law provides for the following compensation in a wrongful death case:
- Expenses incurred by the death of the victim, including funeral costs, and any medical costs
- Loss of future earnings
- Recovery of lost benefits due to the death of the victim
- Pain, suffering, and mental anguish of the survivors
- Resulting loss of companionship, care, or protection due to victim’s death
- General punitive damages
In certain cases of wrongful death brought forth by the surviving spouse, child, or parent, any money that is obtained does not go to any debts the decedent held. There is another type of wrongful death case that can be brought on behalf of the estate of the decedent, and monies recovered from that suit will be subject to repaying certain debts owed.
WHO CAN FILE A PHOENIX WRONGFUL DEATH CLAIM?
Under Arizona law, any of the following may be eligible to file a wrongful death lawsuit in Phoenix:
- Surviving spouse of the deceased;
- Surviving child of the deceased;
- Surviving parent or guardian of the deceased;
- Personal representative of one of the family members named above; and
- Personal representative of the estate of the deceased.
Statute of Limitations in a Phoenix Wrongful Death Lawsuit
In Arizona, wrongful death cases must be filed within two years from the date of the deceased’s death. The statute of limitations is a strict deadline, and if one of the parties listed above does not file a claim within this two-year period, the survivors of the deceased may be ineligible to obtain compensation through a wrongful death lawsuit.
An experienced wrongful death attorney in Phoenix can get started on your case today.
Contact a Lawyer in Phoenix Who Handles Wrongful Death Cases
If you lost a loved one in an accident, a lawyer in Phoenix who handles wrongful death cases can assist you. Contact Cluff Injury Lawyers to learn more about the services we provide.