Losing a loved one is always one of the most difficult things to go through in life. When your loved one’s death was untimely and caused by the reckless or negligent conduct of another party, it may be even more difficult to find closure, pick up the pieces, and move on.
If you’re facing a potential wrongful death suit as a result of your loved one’s untimely death, the compassionate and experienced lawyers at Torgenson Law can help.
A wrongful death occurs when a party negligently causes the untimely death of a victim. In a wrongful death claim, the victim’s family, surviving relatives, or loved ones may bring a lawsuit against the party responsible for their loved one’s death, in order to recover compensation for the damages they sustained when their loved one passed away.
Wrongful death claims are fought in civil court, although in some cases, there may also be a criminal case filed against the party who was responsible for your loved one’s death.
A wrongful death can happen under many different circumstances. For example:
In Arizona, typically, the following persons have the right to file a wrongful death lawsuit if their loved one has passed on as a result of someone else’s negligent conduct:
In Arizona, wrongful death laws include statutes that govern who can file a claim and what types of damages may be available, as well as prior case precedents that have addressed wrongful death claims by survivors.
The process of recovering compensation can be complicated not only by the presence of multiple applicable laws but also by the unique facts of your case. You will need an attorney who is familiar with Arizona wrongful death laws and takes the time to investigate the facts of your loved one’s death, preserving important evidence to help you make your claim.
To prevail on a wrongful death claim, you will generally need to prove the elements of negligence. This means you’ll need to prove that the party responsible for your loved one’s untimely death had a duty of reasonable care to your loved one and that they breached that duty through their conduct, such as by driving unsafely or failing to obey the rules of the road in a car accident.
You will also need to prove that the responsible party’s conduct directly caused your loved one’s death and the damages your family has suffered as a result. Generally, Arizona law requires you to file your claim within two years of your loved one’s death, which is known as the wrongful death statute of limitations.
Damages in an Arizona wrongful death claim may include several categories, and Arizona law gives broad discretion to the jury to award any damages that it “deems fair and just with reference to the injury from the death to the surviving parties who may be entitled to recover.”
This can include burial and funeral expenses, medical bills that resulted from treatments your loved one received, and the income, wages, and benefits your loved one would have received if they had lived. Additionally, damages may include the loss of care and companionship of your loved one, along with the pain and suffering experienced by both your loved one before their death and by your family as a result of their untimely death. In some particularly egregious cases, punitive damages are also possible to punish the defendant for their conduct.
Wrongful death claims typically involve a lengthy process of negotiating with the responsible party and their insurance company. This can be tough to handle on your own—after all, insurance companies tend to have significant resources and strong legal teams, and their goal is to minimize any potential payout to you.
An experienced and knowledgeable Arizona wrongful death attorney can make all the difference, fighting on your behalf even in the most difficult cases to obtain a fair and reasonable resolution. Although nothing can bring your loved one back, your family deserves fair compensation for the losses you have suffered in the wake of your loved one’s tragedy.
Wrongful death claims are some of the most serious and complicated accident cases. There are many different variables that can affect your resulting claim, and there may be various parties involved who are responsible for your injuries. You need an attorney by your side who has the knowledge and experience necessary to investigate the facts of your claim thoroughly, preserve important evidence, assess the full value of your damages, negotiate with the other party and their insurance provider, and present a strong case on your behalf.
At Torgenson Law, we understand the significant impact this type of loss has on your family. Although nothing can bring back your loved one, we aim to take care of the details of your case, so that you can focus on getting your family back on track.
If your loved one has suffered an untimely and wrongful death at the hands of another party, contact Torgenson Law online or call 602-726-0747 for a free case evaluation.