Did you suddenly lose a loved one? Was someone else responsible for their death? If so, contact a reputable wrongful death lawyer in Phoenix.
Losing a close family member is never easy. But when their death could have been prevented, you may find yourself feeling angry and confused in addition to grieving. Although no amount of money will make up for what has happened to you, your loved one or your family, pursuing a civil claim could be the best way to get the justice your loved one deserves.
At Zachar Law Firm, P.C., we are committed to helping families like yours get through some of the most challenging times of your life. While your family grieves, your Phoenix wrongful death lawyer will work tirelessly to secure maximum compensation for the liable party’s recklessness.
Deaths are considered wrongful under Arizona law when the death was caused by a “wrongful act, neglect, or default.” This means that whether the liable party was intending to cause harm or caused the death accidentally, they should be held accountable for their negligence.
With that being said, a wrongful death lawsuit can only be filed in Phoenix if the decedent would have been able to pursue a personal injury claim if they hadn’t succumbed to their injuries. In this way, the party filing the wrongful death lawsuit is advocating for justice for the survived.
There are many different types of accidents that could result in a wrongful death under the worst circumstances. Some of the more common types of accidents that have been known to produce fatalities include:
These are just a few of the different kinds of accidents that have been known to result in death. Not all types of wrongful death cases are caused accidentally. In fact, when someone intentionally harms another, causing their death, they can also have a civil claim brought against them.
This is different from the criminal charges they may face for their negligence. In criminal cases, the prosecuting attorney is responsible for filing charges and pursuing conviction. Wrongful death lawsuits, which happen in civil court, must be filed by the appropriate party with the help of a civil litigator.
Another important difference between civil and criminal cases is what happens with the outcome. If found guilty in criminal court, the defendant will likely face penalties such as fines, fees, probation, jail, or prison time. But if they are found liable in civil court, they will be ordered to pay restitution to the decedent’s surviving family.
The burden of proof is also quite different in civil claims versus criminal charges. In criminal cases, the prosecuting attorney must prove beyond a reasonable doubt that the defendant is guilty of the charges in question. But in civil court, your wrongful death lawyer in Phoenix must only prove, based on a preponderance of the evidence, that the defendant is liable for your loved one’s passing.
It’s easy to feel intimidated and overwhelmed at the thought of pursuing a wrongful death lawsuit in Phoenix. But the more you know about the process, the more confidence you’ll have moving forward with your claim. There are a couple laws surrounding Phoenix wrongful death claims you should know: the statute of limitations and who has the authority to file the claim.
For wrongful death lawsuits in the state of Arizona, you will have a maximum of two years from the date of the decedent’s passing. Failure to file your claim before the statute of limitations expires will likely result in the dismissal of your wrongful death claim.
You must also be sure you have the authority to pursue the claim, as only specific family members have the right to do so. The surviving spouse and dependent children of the deceased will have the first opportunity to file the lawsuit. If the decedent does not have a surviving spouse or children, it falls to the decedent’s surviving parents. If none of the above apply, then the personal representative will be able to file the wrongful death claim.
These are some of the more important Arizona wrongful death laws you’ll need to know, but we certainly haven’t covered everything here. You can learn more about what to expect from your Phoenix wrongful death lawsuit after you’ve come in to discuss the individual details of your case with a trusted attorney.
The aftermath of your family member’s death can be challenging. On top of mourning your loss, you may have an estate to handle, arrangements to make and a family to continue supporting along the way. Having some of your most important questions answered could help relieve some of the burden moving forward.
With that in mind, we have included a quick FAQ below that answers your most pressing Phoenix wrongful death questions. If you have additional questions about your claim or the wrongful death claims process that are not answered on this page, you can discuss them further during a free consultation.
Yes, you can. If someone else is responsible for causing your child’s death, you may be able to file a wrongful death claim on their behalf. This applies to both minor and adult children.
However, if you are a parent looking to file a wrongful death claim for an adult child, there are other parties who may have the right to file first. Check with your lawyer to learn more about these circumstances.
The amount that you could be awarded if your civil claim is successful will be based on a number of different factors. Your Phoenix wrongful death claim should fully compensate both the decedent’s estate and family for financial, physical and psychological losses to both the decedent and the surviving family. Your lawyer can help you understand the value of your claim after reviewing your losses in their entirety.
The length of time it may take to resolve such a case widely varies. Some things that might have an impact on the length of your Phoenix wrongful death lawsuit include how long it takes to gather the evidence needed to support your case, how successful negotiations with the insurance company are, and whether you are forced into civil court for resolution.
Your wrongful death lawyer in Phoenix can give you a better idea of how long your case is expected to be after learning more about the details of your claim.
Are you ready to seek justice for your cherished family member’s passing? If so, contact a compassionate Phoenix wrongful death lawyer at Zachar Law Firm, P.C. to discuss your legal options. Schedule your free, no-obligation when you call our office at 602-494-4800 or complete the quick contact form included at the bottom of this page.
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