Accidents are one of the leading causes of death in the US. People losing their loved ones in accidents or due to the negligent choices of others have their lives unimaginably altered in a matter of seconds. When you lose a family member unexpectedly, legal actions may be the absolute last thing on your mind. Grief and sorting affairs unexpectedly rightfully take precedence. However, dealing with everything else may rob you of the opportunity to take any legal actions like filing a wrongful death claim. There are strict time limits, or statutes of limitations, that must be followed, or your family may be prevented from recovering anything. When clients call us and time has passed, it’s like a second tragedy has struck the family left behind. Please be mindful of this aspect of a wrongful death case because I know it is the last thing on anyone’s mind.
Nothing can compensate for the loss of a loved one. But the family members of a victim of wrongful death have a right to recover compensation. There are incidental costs relating to wrongful deaths, such as medical bills, loss of income source, loss of companionship and guidance and in some cases even property damage to think about. Hiring a skilled and experienced attorney to file a wrongful death claim may be the only option to obtain any semblance of Justice.
Wrongful Death Claim
My firm handles many wrongful death cases. Each one is tragic and heartbreaking. The legal definition of a wrongful death is a death that occurs when a person is killed because of someone else’s negligence. A wrongful death claim is a civil action brought by the survivors of the victim against individuals at fault for the accident. When the death of a person is caused by wrongful acts, negligence, or poor choices of a corporation, the family members and dependents have the right to file a claim for wrongful death to recover damages.
A wrongful death claim is a civil claim and is different from criminal charges. The claim is for compensating the surviving family members for their losses and not for punishing the perpetrator. Depending on the circumstances, one may be entitled to get damages for lost income from the deceased, medical bills, lost companionship, property damages, and funeral expenses.
Who Can File A Wrongful Death Claim?
The right to file a wrongful death claim transfers from a deceased person to the surviving family members. In the state of Arizona, the following people hold the right to file a wrongful death claim;
● surviving husband or wife;
● children of the deceased;
● a surviving parent or legal guardian of the deceased,
● a personal representative of the deceased (on behalf of the above mentioned); and
● if none of these survive, on behalf of the decedent's estate.
Filing A Wrongful Death Claim
Filing a wrongful death claim can be overwhelming for many. During the grief process, filing a lawsuit will certainly not be your first concern. But these claims are time-sensitive and must be filed within the limitation period set by statute. In Arizona, the limitation period for filing a wrongful death claim is two years from the death, however it could be less, as short as 180 days after the death, depending on who the at-fault party is. You must be aware of this. Failing to file the claim within the period, may bar you from establishing your claim through the court of law.
Building a strong case is necessary to recover appropriate compensation. For instance, you will have to collect related evidence and hire a number of experts to prove your claims. In this process, an experienced attorney can help you and lead the way in building a strong case for you.
Wrongful Death Claim Attorney In Scottsdale
If you have lost your loved one in an accident and want to take action against the person responsible, contact an accident attorney immediately. Wrongful death cases are complicated, and only a qualified lawyer will be able to recover what you deserve.
If you are looking for representation in the Scottsdale area in Arizona, our attorneys can collect relevant evidence and prepare the paperwork on your behalf. We are ready to guide you and your loved one every step of the way. Contact us for a free consultation now.