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Tucson Wrongful Death Lawyers

The death of a loved one is always devastating, but it can be even more so if it occurred as the result of someone else’s negligence. In that case, you could be entitled to receive compensation for the suffering you’ve endured.

Wrongful death refers to deaths due to a preventable accident. In these cases, the death would not have happened if someone had done their job correctly or behaved responsibly. In wrongful death cases, contacting a personal injury lawyer is essential.

Each year in Tucson, there are approximately 35 fatalities from car accidents, and in all of Arizona, there are an average of 97 work-related deaths. Arizona also reports more than 550 medical malpractice cases each year, many of these resulting in fatalities.

All of these numbers represent people who’ve suffered and continue to suffer because of a loved one’s death that could have been avoided. If you’ve lost a loved one because of someone else’s negligence, you may deserve compensation.

How Will an Attorney Help a Tucson Wrongful Death Case?

The process of filing a wrongful death case is complex because the party bringing the suit has to prove that the other party caused the death. That’s not always easy to do.

Arizona law is also complicated when it comes to wrongful death cases. These civil cases require extensive paperwork and dealing with insurance companies. If you’ve just lost a loved one, the last thing you want to do is to worry about all of these steps. That’s what a wrongful death attorney does.

Working with a Tucson wrongful death lawyer will also ensure that you’re able to present all of the evidence that helps prove your claim. Your lawyer will investigate the case, working with expert witnesses and poring through all of the information to present the evidence in a clear manner that supports your claim.

One of the most important steps to help you get the maximum amount of compensation is to identify all liable parties. These could range from manufacturers of shoddy products to municipal bodies. You likely cannot do that if you don’t have experience with Arizona law.

Tucson wrongful death lawyers will also aggressively negotiate on your behalf with insurance companies. It’s very common for insurance companies to make low-ball offers or even threaten victims with not paying them at all. These tactics focus on one goal: paying you as little as possible.

A lawyer with experience will not be intimidated by these threats and will continue to fight to get you the most compensation possible.

Common Causes of Wrongful Death Claims

There are many ways a wrongful death can occur, including everything from vehicle accidents to medical malpractice.

Vehicle Accidents

On average, Arizona sees about 121,000 crashes each year, resulting in about 1,800 fatalities. The majority of these accidents, including those that result in deaths, occur because of driver behavior. Intoxicated, distracted, and aggressive drivers are the ones most likely to cause crashes.

Vehicle accidents also include trucking collisions and bicycle accidents. Vehicle crashes tend to be the most common cause of wrongful death in the entire country.

Defective Products

Everyone involved in the manufacturing of a product, from the designer to the manufacturer and distributor, has to do everything in their power to minimize the risk of harm to their buyers.

If a death occurs because of a faulty design or manufacturing process or because there weren’t appropriate warnings alerting consumers about the potential of harm, getting compensation is also possible.

Slips and Falls

When you enter a property, whether it is private or public, you expect the premises to be safe and free of fall hazards. Although most people tend to see falls as minor issues, they can result in traumatic brain injuries, spinal cord injuries, and so much more. They can even cause fatalities.

Medical Malpractice

If a medical professional fails to provide the required level of care and a patient dies, you can file a medical malpractice suit. Some of the most common types of medical malpractice include:

  • Delayed diagnosis
  • Misdiagnosis
  • Emergency room errors
  • Surgical errors
  • Prescription errors
  • Medical equipment malfunction

If a nurse or other medical professional cuts corners and it causes a loved one to lose their life, you have to reach out to an attorney for representation. These kinds of suits may also include nursing home accidents that result in death.

Work-Related Accidents

Work-related accidents are common, especially in the construction business. If your loved one died because of an explosion, fire, machine malfunction, or because of improper training, it’s possible to file wrongful death claims.

Work-related accidents are also those that are the result of someone else’s negligence, including managers who didn’t check equipment or other employees who behaved in negligent ways.

Criminal Acts

If a criminal act leads to the death of someone, it’s also possible to file a wrongful death suit. The person doesn’t have to be criminally convicted of the act before you can file this suit against them.

Assault and Battery

If a physical assault resulted in the death of a loved one, you may also be able to get compensation. Some examples of the kinds of attacks that can lead to death include pushing someone down the stairs, punching someone so hard they receive a traumatic brain injury, and even tackling someone and breaking their neck.

Because the death wouldn’t have happened if the fight hadn’t happened, it’s possible to file a wrongful death claim.

Accidental Poisoning

If your loved one ate or drank anything that hadn’t been stored, prepared, or served properly, and they became sick enough to die, this is accidental poisoning.

Another type of accidental poisoning is if food packaging is inaccurate or fails to label ingredients. For people with food allergies, this could be fatal.

All of these instances could allow you to file a wrongful death claim. Make sure to speak with your attorney to ensure they can guide you right from the start of the process.

Swimming Pool Accidents

Swimming pool accidents can also lead to wrongful death claims. These deaths can occur as a result of a lack of supervision in the pool area, a lack of proper fencing, and even slippery surfaces that lead to someone falling into the pool.

If the pool has a shallow diving surface, inadequate warnings, or defective equipment, people can sustain severe injuries that potentially lead to their death.

Animal Attacks

Animal attacks that result in death are not as common as some of the other types of accidents, but they still occur. If your loved one suffered a severe dog bite, for example, that led to their death, you could be eligible to file a claim.

Statute of Limitations for Filing a Tucson Wrongful Death Case

In Arizona, you have a limited amount of time in which to file a wrongful death suit. For most people, the statute of limitations is two years from the deceased’s death. There can be variations in the timeline, depending on the kind of accident that led to the death and who was at fault.

For example, when filing against public employees or entities, you have shorter time frames.

You can no longer file a claim once the statute of limitations has passed. That’s why it’s crucial that you contact a lawyer as soon as the death occurs. They will be able to assist you so that you don’t miss the deadline.

The statute of limitations exists to encourage parties to settle disputes promptly while also ensuring that civil disputes only use the best possible evidence. These limitations can also help prevent backups in the court system.

Who Can File a Wrongful Death Claim in Arizona?

It’s crucial that you understand that you can only file a wrongful death claim if you are a direct relative of the person who died. Even if you were extremely close and the death impacted you significantly, you can’t file unless you are:

  • A parent or legal guardian of the deceased
  • The deceased’s children
  • The deceased’s spouse
  • A legal representative of the estate
  • A personal representative of the deceased’s spouse, child, or parent

If you’re a legal representative of the estate, you can file the claim, but the compensation will go to surviving family members.

Compensation You Can Recover

Often, the family of the deceased chooses to seek compensation for the kinds of damages that the deceased would have pursued if they’d survived. These expenses cover the costs that the person accrued between the time of the accident and their death.

Medical expenses are one type of damage that you can file for on behalf of your loved one. You can get compensation for any hospital bills, therapy sessions, and other interventions that your loved one had to go through before their death.

Lost wages are another type of damage you may be able to recover. If your loved one had to miss work to get medical treatment in the days after the accident or if they weren’t able to return to work before their death, they lost the wages that belonged to them. Even after their death, you can file this kind of claim.

Before their death, your loved one may have suffered mental and physical trauma as a result of the accident. This could allow you to claim pain and suffering damages for your loved one.

As a relative or representative of the estate, you can also claim compensation for funerary expenses. Funerals involve many different services, resulting in all kinds of expenses. Caskets alone can cost thousands of dollars.

You would not have had these expenses if the accident hadn’t occurred, so it’s something else your lawyer can help you with.

Another type of compensation you can recover is the loss of future wages. The spouse and children of someone who died because of someone’s negligence have the chance to ask for the wages that their loved one would have earned. This is especially important for those who depend financially on the deceased.

Loss of consortium, also called loss of companionship, is another type of damage you can claim. If you lose your spouse, you no longer have the support and companionship you need. That can result in emotional hardship.

Turn to Torgenson Law for Help With a Tucson Wrongful Death Claim

If most types of personal injury cases are complex enough to require help from lawyers, wrongful death claims are particularly tricky because the job of proving that negligence led to the death of a loved one falls on you. This means gathering evidence and dealing with Arizona laws.

The legal landscape is complex, and most people don’t have the necessary experience to navigate it on their own. Filling out paperwork and filing it on time is vital to making sure that your case goes through the proper channels efficiently. That is why turning to a personal injury lawyer becomes essential.

At Torgenson Law, we have more than 20 years of experience helping clients who’ve suffered because of someone else’s negligence. We know Arizona law and have dealt with many cases, making us a reliable option.

It’s essential that you reach out to an attorney as soon as possible to make certain that you have the best chance to get the compensation you deserve. When you turn to Torgenson Law, our team is here to offer a careful assessment of your case. We work on a contingency basis, so you don’t have to worry about added fees. If you don’t get paid, we don’t either.

After the death of a loved one as a result of an accident that someone else’s negligence caused, reach out to experienced personal injury lawyers. Contact Torgenson Law today to get started.