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Top Phoenix Wrongful Death Lawyer
How do you know if you need a wrongful death attorney? We’ll start with the basics: Has a loved one lost their life based on the ignorance or neglect of someone else?
Nothing can be more devastating than losing a member of your family in a tragic accident. We know that nothing we can ever do will replace that empty chair at the dinner table. But, the Ybarra Maldonado Law Group, a firm with some of the top Phoenix wrongful death attorneys, will defend the reputation and honor of your loved one against the entities responsible for their death.
By filing a wrongful death suit against the negligent person, entity or company, the surviving spouse and family members can recover compensation to cover expenses associated with the loved one’s death. Our law firm offers a free consultation for those who believe they may have a wrongful death case.
What is a Wrongful Death Lawsuit?
Not all fatal accidents give family members the right to take legal action. In order to file a wrongful death lawsuit claim in Arizona, a third party must have acted recklessly or negligently and caused your loved one’s death.
You’ll need to prove based on a preponderance of evidence that the defendant owed a duty of care to the deceased person, breached this duty of care, that this breach caused the accident, giving your family compensable damages.
Proof of this wrongful act could exist in eyewitness statements, on police reports, medical records, photo or video evidence, coroner reports, or accident reconstruction.
As a family member, the easiest way to find out if wrongful death law can be applied to your situation is to talk to one of our wrongful death attorneys at Ybarra Maldonado Law Group. We’ll discuss the facts surrounding the case during your free case evaluation.
Who Can File Wrongful Death Claims?
A representative of the estate of the deceased victim it typically who files the wrongful death claim. This is done on behalf of the surviving family members who had a relationship with the victim.
Not everyone is entitled to file a wrongful death claim or pursue compensation.
Arizona law allows the following individuals to file a wrongful death claim:
surviving spouse
parents or guardians
children
estate representative(s)
While any of the mentioned can technically file a Phoenix wrongful death lawsuit, having an experienced wrongful death attorney acting on behalf of surviving family members can help ensure that the legal matter is resolved efficiently and that the beneficiaries receive the most financial compensation possible for the wrongful act.
In Arizona, the courts typically follow the line of succession when they’re determining who can receive monetary damages after fatal accidents. This becomes complicated when multiple family members file civil claims against the person responsible.
Additionally, the surviving spouse usually must take legal action on behalf of any minor children following the fatal accident.
How Much Can You Sue For Wrongful Death in Arizona?
Damages in a wrongful death claim can include both economic and noneconomic damages.
Economic Damaged for Wrongful Death Actions
Economic damages account for the financial losses that were a direct result of the wrongful death action that caused the victim’s death:
future lost wages or loss of income
funeral expenses and burial costs
medical expenses of the deceased
loss of inheritance
property damages for any personal property damaged during the accident
Non-Economic Damages
Non-economic damages are harder to calculate and are typical used a multiplier in wrongful death claims.
Examples of non-economic damages in a wrongful death claim can include:
the deceased person’s pre-death pain and suffering
loss of care, companionship and/or consortium
mental anguish
value of services that the deceased would have provided
Punitive Damages
While Arizona law does make it difficult to obtain punitive damages, if the person responsible or responsible parties exercised gross negligence or acted maliciously, then an experienced attorney may be able to pursued a judge or jury to include punitive damages, as they are required for fair compensation.
These damages aren’t limited to the monetary value associated with the reasonable expenses that come with the person’s death. Instead, they are designed to punish the responsible party for their reckless behavior and attempt to discourage the actions made by the at fault party in the future.
Wrongful Death Settlements
Wrongful Death Settlement vs Lawsuit
One of the most commonly asked questions in wrongful death claims is whether or not to accept the settlement offer from responsible party or parties. This particular legal matter is one in which it’s extremely helpful to have a personal representative acting as your lawyer.
The at fault party will have their own legal team, who will act on their client’s behalf, especially if the potential for a criminal case arises.
At Ybarra Maldonado, our Phoenix wrongful death lawyers have the experience required to accurately assess the full extent of your damages and skillfully negotiate for your family to receive the full and fair compensation for the losses endured due to someone else’s negligence.
After the negligent party offers a reasonable settlement offer, we advise acceptance, as this is often the better option. Accepting a fair settlement offer saves money by avoiding trial. Furthermore, once wrongful death cases are brought to court, there isn’t a guarantee that your family will win the case.
Either way, you shouldn’t have to settle for less than what’s fair.
Our team of experienced attorneys will advise of your legal rights and answer questions via a free case evaluation.
How are Wrongful Death Settlements Paid Out in Arizona?
There are two basic ways in which wrongful death settlements are paid. This can either be through structured settlements or a lump-sum payout.
How Long Does it Take to Settle Wrongful Death Claims in Phoenix?
Wrongful death lawsuits usually take a year or even years. Some, however, can settle in as little as a few months. Working with a Phoenix wrongful death attorney can help ensure this process moves along more quickly.
What is the Statute of Limitations for Wrongful Death Claims in Arizona?
The statute of limitations for wrongful death cases in Arizona is two years from the date of death.
If you fail to bring your claim within the two year time frame, you may forfeit your right to secure financial compensation. However, some exceptions may apply to your case.
For example, if your loved one died due to a violent act, the clock may not start until after the completion of the criminal case against the defendant.
Establishing an attorney client relationship with our legal team is the best way to ensure that you’re meeting the right deadlines for your unique case.
Leading Causes of Wrongful Death in Phoenix, AZ
While a fatal accident can happen for a number of reasons, the most common for Phoenix, AZ include:
auto accidents including truck accidents and motorcycle accidents
workplace accidents
Other causes of wrongful death can include dangerous drugs, defective products, nursing home abuse, pedestrian accidents, drunk driving accidents, chemical exposure, birth injuries, premises accidents, or a private airplane crash.
It’s important to note that filing a claim for a loved one’s death will involve many different elements of negligence. the nature of the defendant’s actions is so important to your case. Different rules exist for filing against a civilian, physician, and government entities. Speaking with an experienced Phoenix wrongful death lawyer will ensure that you’re meeting all of the necessary deadlines in order to secure compensation.
How to Find the Best Phoenix Wrongful Death Attorney
You’ll want to start by asking friends and family. Next, check out your state bar association. Read the attorney review. Review the attorney’s biography–how much experience does he or she have?
Experienced Phoenix Wrongful Death Lawyers
The sooner a Phoenix wrongful death attorney begins your case review, the better he or she can prepare your case. For professional and compassionate help, call the Ybarra Maldonado Law Group.
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