Failure to timely diagnose cancer.
An auto accident resulted in a wrongful death case.
High speed collision when defendant ran a red light.
Serious back injuries sustained in low speed collision; surgery required.
Losing a loved one in an accident is nothing less than a tragic experience. While nothing can bring them back, you could be entitled to compensation to replace some of the value of their financial and emotional contributions to your household. When someone or something else caused the accident that led to the death of your loved one, you are entitled to damages through what is known as a wrongful death claim. As we’ll discuss, these benefits are collected by filing a claim with the insurance carrier of the party at fault for the accident.
Handling the claims process can be complex, and requires the collection of evidence and drafting of a claim within the amount of time legally allowed. To remove the stress from your day-to-day life, and to ensure that you collect the full compensation you are entitled to, working with a Surprise wrongful death attorney from The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer can be extremely helpful. We step into your shoes and handle everything so you can focus on coping with your loss while we focus on making the most of your wrongful death claim.
While no amount of money can replace the loss of your loved one, the purpose of a wrongful death action is to bring you and your family to a financial position as close as possible to where the accident had never happened. This means that you can recover compensation for the financial contributions of your lost loved one to your household, from the time of their death through their working life. The courts also recognize the value of emotional support and companionship and may award damages for the loss of this through what is known as “loss of consortium” damages.
Under Arizona wrongful death law, the claim applies when the death of a person has been caused by a wrongful act, neglect, or default that would have entitled your loved one to bring an action to recover damages had they not been killed. When a person dies from the injuries of a wrongful act, neglect, or default, the wrongful death action can be brought by and in the name of the surviving spouse, child, parent or guardian, or personal representative of the deceased’s estate.
When it comes time to collect compensation on your wrongful death claim, you’ll need to put together a claim with the insurance carrier of the party that caused the accident. It is important to remember that the insurance company works for profit, not for you. The less they pay on claims and the more claims that they deny outright, the greater their profits. Insurance companies have full-time teams of claim analysts and attorneys scrutinizing your claim, and having an attorney of your own helps to even the playing field.
For your risk-free, cost-free assessment on your wrongful death claim, schedule your free consultation or call us at (623) 847-7117.
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In Surprise, wrongful death occurs when someone’s death results from another’s negligence or intentional actions. Establishing a wrongful death claim requires proving that these specific actions were the direct cause. Legal advice from an attorney in Surprise is essential for navigating these claims effectively.
According to Arizona Revised Statutes (A.R.S. § 12-612), immediate family members such as spouses, adult children, and parents are entitled to file a wrongful death lawsuit in Surprise. If no immediate family is available, the deceased’s estate’s executor may file the lawsuit. Consulting with an attorney in Surprise is recommended to understand your legal rights.
In Surprise, plaintiffs may seek economic damages for expenses like medical and funeral costs, as well as the deceased’s potential future earnings. Non-economic damages may include claims for psychological pain and loss of companionship. Engaging an attorney can help accurately assess these claims.
The statute of limitations in Arizona mandates that wrongful death claims must be filed within two years from the date of death. Immediate action is necessary to meet these legal requirements. Early consultation with an attorney in Surprise is crucial to preserving your rights.
Common causes of wrongful death in Surprise include traffic collisions, workplace accidents, medical negligence, unsafe products, dangerous properties, and intentional acts of harm. A thorough investigation by an experienced attorney is necessary to handle these complex cases effectively.
The procedure for pursuing a wrongful death claim in Surprise starts with collecting evidence and filing a lawsuit. Following the response from the defendant, the discovery phase allows both sides to gather further evidence. While many cases settle out of court, guidance from an attorney is invaluable in navigating both settlement talks and trial proceedings.
Yes, many wrongful death disputes in Surprise are resolved through out-of-court settlements, offering a less stressful and faster resolution for the families involved. Effective legal representation is key to negotiating a fair settlement, although readiness for trial is also essential.
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