Depending on the severity of the accident, individuals might perish immediately or suffer injuries that are ultimately fatal. When this happens, it is crucial that the surviving loved ones consult with a legal professional for guidance and representation. The Glendale wrongful death attorneys at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer understand that the loss of a loved one can be devastating both emotionally and financially. If the deceased was a major wage earner in the family, it can be nearly impossible to financially recover from exorbitant medical bills and funeral expenses. Placing a dollar figure on the life of a family member can be a frustrating and confusing experience. Let us worry about the legal process while you focus your attention on grieving your loss.
If your loved one was fatally injured in a motor vehicle accident, a defective product or through another serious accident, it is wise to seek legal representation from an experienced Glendale wrongful death lawyer. Once the negligent party has been determined after a thorough examination of the accident, we will negotiate a beneficial settlement with the at-fault party’s insurance carrier. If a settlement cannot be reached, we are fully confident in our ability to represent you in court. It is our goal to recover the maximum monetary compensation possible in your situation to provide financial stability for your family following this devastating loss.
Not everyone has the privilege of filing for wrongful death after a fatal accident. As in the case in most states, Arizona law limits the ability to file for wrongful death to only certain parties close to the deceased person. Arizona Revised Statute 12-612 states who can and cannot file a lawsuit after the wrongful death of a party. The law gives the initial opportunity to file to the deceased person’s surviving husband or wife. The opportunity next passes to the decedent’s adult child, then a parent or guardian. If these parties do not wish to bring the claim themselves, they can use a personal representative of the deceased person to file on behalf of all surviving loved ones.
It is possible to file a lawsuit against almost any party in Arizona for being responsible for the death of your relative. Anyone who breached a duty of care to your family member, resulting in his or her death, may be liable for your family’s related damages. You may have grounds to bring a claim against your loved one’s employer or the manufacturer of a dangerous or defective product. Other liable parties could include doctors, drivers, property owners, roadway maintenance crews, government entities and alcohol vendors. Multiple parties could share fault in a wrongful death as well. The identity of the party responsible for your close one’s death could change the rules and restrictions associated with your claim. If a doctor was responsible, for example, you might need to hire a medical expert to testify on your behalf. If the responsible party was the government, your family will need to navigate sovereign immunity laws. The Glendale personal injury attorneys at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer can help you with the specific rules relevant to your unique wrongful death claim.
A successful wrongful death lawsuit on behalf of family members could result in compensation for losses such as grief, mental anguish, pain and suffering, unpaid medical expenses, hospital bills, past and future lost wages, lost inheritance, loss of consortium or companionship, and funeral and burial costs. The courts will distribute damages to the parties listed above in proportion to their losses. In most cases, the spouse and children of the decedent will receive the bulk of an award due to their dependence on the decedent. A Glendale wrongful death lawyer can assist you in securing a settlement for the unfortunate loss of a relative. Should the deceased person have no surviving spouse, child, parents or guardians, a representative of the decedent may bring a wrongful death claim on behalf of the estate. In these cases, any compensation awarded will become an asset of the estate. The estate may then use the money to pay off outstanding debts and/or fulfill the wishes of the decedent’s will (e.g. going to named beneficiaries). In a wrongful death case in which a surviving spouse, child or parent committed a crime that took the life of the decedent, that party loses the right to file a claim or recover benefits.
Many states enact damage caps, they pass laws limiting the amount of financial compensation a plaintiff can receive for his or her injuries. Most states with these laws pick and choose only certain types of damages to limit, or only enforce caps during specific types of lawsuits. In Arizona, the state constitution prohibits damage caps during personal injury lawsuits. It is one of only five states with damage cap bans within its constitution, therefore, you will not encounter any caps on monetary damages. The value of your wrongful death claim will depend on the facts of the case – not on a statewide damage cap. The state does not cap any category of damages: economic, noneconomic, or punitive. However, state law does not permit a plaintiff to recover any punitive damages in a case against a public entity. It also rules punitive damages above a ratio of 9:1 with compensatory damages unconstitutional. Work with our wrongful death attorneys in Glendale to help maximize the financial outcome of your case.
The burden of proof during a wrongful death claim rests with the plaintiff – the filing party. As a surviving relative, it will be your responsibility to prove the defendant’s fault for causing the decedent’s passing. The weight of proof is a preponderance of the evidence: the jury must decide whether the plaintiff’s claim is more likely to be true than not true. In general, this takes proof of four main elements. A wrongful death lawyer from our law firm can help you with your burden of proof and the elements needed for a claim.
The lawyers at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer may be able to help you bear the burden of proof during a wrongful death lawsuit. We have experience bringing cases to trial when it is necessary for justice. Our attorneys can collect evidence of a defendant’s negligent actions, help you prove fault and causation, and fight for maximum financial relief on your behalf. We can help you understand precisely what you must prove during your specific case.
The courts in Arizona take statutes of limitations very seriously, with few exceptions to the rule. In a medical malpractice wrongful death claim, the wrongful death statute of limitations will typically apply. This deadline is two years from the date of the loved one’s death, not the date of the malpractice that caused the death. This differs from a personal injury claim, in which the clock starts ticking on the date of the negligent or reckless act. If your relative died days or weeks after the alleged medical malpractice, the time limit on filing a claim will not begin until the date of death. Some claims qualify for exceptions to the general statute of limitations rule. If the filing party (such as a child of the deceased) is a minor under the age of 18, he or she will have two years from his or her 18th birthday to file a claim, regardless of the date of the parent’s death. The courts will also toll or extend, the deadline in most cases involving criminal charges. If the party that caused your loved one’s death is on trial for a crime, the civil courts may toll the statute of limitations until the completion of the criminal case. Speak to an attorney from The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer to learn your precise deadline to file.
A statute of limitations is a law requiring plaintiffs to file claims by a certain deadline. The point of a statute of limitations is to keep the civil justice system just for both parties. Without a deadline to file, a plaintiff could theoretically wait until the loss of important evidence on the defendant’s side to bring a claim. It is important to meet this deadline if you wish to retain any right to damages.
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If you have questions regarding wrongful death, personal injuries, car accidents, medical malpractice, and more, schedule a free consultation at The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer. Our Glendale wrongful death attorneys in Arizona can be reached by calling 623-847-7117 or by completing our online contact form. Our law firm’s office hours are 8 a.m. to 5 p.m., Monday through Friday. Evening and weekend appointments are available based on the needs of our clients.
After a wrongful death, notify the authorities to ensure that an official death report is filed. Then, collect any available evidence. Be sure to secure medical records and death certificates, as these will be required to establish the cause of death.
Next, contact a wrongful death attorney as soon as possible to understand your rights and options. Importantly, they will help you file a lawsuit within the state’s statute of limitations for wrongful death lawsuits (ARS § 12-542).
The strength of a wrongful death lawsuit heavily depends on the quality and quantity of evidence presented. In Arizona, crucial evidence for a wrongful death lawsuit may include:
We recommend gathering and preserving this evidence as soon as possible, as it can be lost or degraded over time.
A lawyer’s role includes gathering and preserving evidence, ascertaining liability, and calculating the full extent of the damages. They also carry out negotiations to secure a fair settlement. If a fair settlement cannot be reached, the lawyer will proceed to litigation.
Moreover, a wrongful death lawyer provides emotional support and guidance during this difficult time. Their involvement can often mean the difference between receiving fair compensation and facing financial hardship due to the loss of a loved one.
Wrongful death lawsuits in Arizona are often fraught with challenges. Firstly, establishing that the defendant’s actions directly led to the death can be difficult, especially if there is limited evidence. Additionally, the emotional strain on the family can make it difficult to remain objective and focused during the legal process. Also, these cases can take months or even years to resolve, which can be draining for the family. However, a wrongful death lawyer will offer the professional support needed to effectively pursue the case.
Wrongful death settlements in Glendale usually involve negotiations between the deceased’s family or their legal representatives and the responsible party’s insurance company. The goal is to reach a financial agreement that compensates the family for their loss without going to trial.
The settlement process begins with the wrongful death lawyer calculating the damages, who then presents this figure to the defendant’s insurance company. Negotiations will then follow, aimed at reaching a settlement that fairly compensates the family.
If there is no satisfactory resolution, the court gets involved, and the judge gives a verdict based on the evidence. The court also ensures that the settlement funds are distributed according to the deceased will or Arizona’s intestate succession laws.
The right to file a wrongful death lawsuit in Arizona is reserved for the deceased’s spouse, adult children, surviving parents, or legal guardians. Arizona Wrongful Death Act (A.R.S §12-612) prioritizes the right to file based on the closeness of the relationship. However, if none of these individuals are alive or able to file, siblings can bring a wrongful death claim as legal representatives or executors.
Proving negligence in a wrongful death case in Glendale requires establishing four key elements. You must show that the defendant owed the deceased a duty of care and they breached this duty through their actions or inactions. Additionally, the defendant’s negligent actions must have directly caused the death, which resulted in actual damages. A wrongful death attorney in Glendale will help build a compelling case by gathering the facts of the case to prove negligence.
