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Wrongful death is the tragic loss of a loved one due to someone else’s negligence, recklessness or default. It is a loss that due care by the defendant reasonably would have been prevented. The wrongful loss of a loved can be emotionally devastating for you and your family. It can also lead to financial problems while you try to pay for funeral, burial, medical and lost wage expenses.
The Peoria wrongful death attorneys at The Law Offices of John Phebus can help you if you lost someone you love in an avoidable accident. If a car accident, fall, workplace accident, dangerous premises, dog attack, criminal or another incident took your loved one’s life, please contact us for a free consultation. We may be able to help you obtain fair compensation for the fatal accident through compassionate and tailored legal care.
Any death that a person or entity causes by a wrongful act, neglect or default meets the definition of wrongful death in Arizona. A test to see if you have grounds for a claim is asking whether your loved one would have been able to file a personal injury claim had he or she survived the injury. If so, your family most likely has a wrongful death claim. A free, confidential evaluation with a Peoria wrongful death lawyer at The Law Offices of John Phebus can help you understand whether you have a case.
Common causes of wrongful death include:
If you have lost a loved one due to someone’s negligence, the next step is to determine if you are an applicable party for filing a claim. Not all surviving loved ones will have the legal right to bring a claim. Arizona Revised Statute 12-612 states that a surviving spouse, child, parent, legal guardian or personal representative will have the right to bring a claim. If a representative brings the claim, he or she will do so on behalf of the estate. A personal representative is someone granted this role by administration or probate.
The deadline, or statute of limitations, is two years from the date of death. The plaintiff during a wrongful death claim in Arizona must file the cause of action before the state’s deadline to have a valid case. You must file within at least two years, or else risk the Maricopa County courts dismissing your case due to a technicality. Your deadline could be considerably shorter (180 days) if a government entity is the party at fault for the death. A Peoria personal injury attorney can help you through this complicated process and make sure that you don’t miss any deadlines that could jeopardize your claim.
Bringing a wrongful death claim can benefit your family in many ways, including giving you closure during this hard time. If your claim succeeds, you could also receive compensation that can help you and your family move forward with comfort. Arizona Revised Statute 12-613 states that a jury has the ability to award such damages as it deems just and fair for the injuries you suffered due to the loss in question. This could include awards for pain and suffering, emotional anguish, medical care, loss of love and companionship, and funeral and burial expenses.
Do not wait to contact a Peoria wrongful death lawyer from The Law Offices of John Phebus if you have lost a loved one in a catastrophic accident. Waiting could make you miss your deadline and forfeit the right to file. We can act quickly on your family’s behalf to estimate the value of your case and file the appropriate paperwork to demand compensation. Schedule a free consultation about your unique case today. Call (623) 847-7117 to reach our local attorneys, or contact us online.