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Losing a loved one is always one of the most difficult things to go through in life. When your loved one’s death was untimely and caused by the reckless or negligent conduct of another party, it may be even more difficult to find closure, pick up the pieces, and move on.
If you’re facing a potential wrongful death suit as a result of your loved one’s untimely death, the compassionate and experienced lawyers at Torgenson Law can help.
A wrongful death occurs when a party negligently causes the untimely death of a victim. In a wrongful death claim, the victim’s family, surviving relatives, or loved ones may bring a lawsuit against the party responsible for their loved one’s death, in order to recover compensation for the damages they sustained when their loved one passed away.
Wrongful death claims are fought in civil court, although in some cases, there may also be a criminal case filed against the party who was responsible for your loved one’s death.
A wrongful death can happen under many different circumstances. For example:
In Arizona, typically, the following persons have the right to file a wrongful death lawsuit if their loved one has passed on as a result of someone else’s negligent conduct:
Proving negligence in a wrongful death case is a critical process that requires the plaintiff to establish certain legal elements. Understanding these components can be vital for securing the compensation that surviving family members deserve for their loss.
The first step in proving negligence is demonstrating that the defendant had a duty of care to the deceased person. This means that the defendant was legally obligated to act in a manner that would not cause harm to others. For example, a driver has a duty to operate their vehicle safely and adhere to traffic laws. Establishing this duty lays the foundation for proving negligence in the case.
Next, the plaintiff must show that the defendant breached that duty of care. This breach can occur either intentionally, such as through reckless behavior, or unintentionally, such as through negligence. Common examples include a driver texting while driving or a medical professional failing to provide adequate treatment. The evidence collected during the investigation will play a crucial role in proving that the defendant’s actions fell short of the expected standard of care.
Following the identification of a breach of duty, the plaintiff must demonstrate that this breach directly caused the deceased person’s death. This involves establishing a clear link between the defendant’s actions and the fatal outcome. Medical records, expert testimonies, and accident reports may be used to support this claim, clarifying how the breach led to the tragic result.
Finally, it is essential to show that the deceased person’s family members experienced damages as a result of the death. This can encompass a range of losses, including emotional distress, loss of companionship, and financial burdens resulting from funeral expenses. Documenting these damages thoroughly is necessary for securing appropriate compensation.
Proving negligence in a wrongful death case involves several complex factors. The skilled attorneys at Torgenson Law thoroughly understand these complexities and are dedicated to advocating for the rights of grieving families. With our experience and expertise, we will build a strong foundation for your wrongful death case.
Filing a wrongful death lawsuit is a critical step for family members seeking justice after the loss of a loved one. Understanding the requirements and processes involved can help ensure that the lawsuit is filed correctly and within the legal timeframe.
A wrongful death lawsuit can be filed by specific family members of the deceased, including:
Only those who are legally recognized as eligible dependents can initiate a wrongful death claim. This legal specification is designed to protect the rights of those who were closest to the deceased and have experienced the most significant emotional and financial impact from the loss.
The lawsuit must be filed within the statute of limitations, which is generally two years from the date of the deceased person’s death. Missing this deadline can result in the loss of the right to sue, emphasizing the importance of acting promptly. Families should consult with an attorney early to ensure timely filing and avoid any complications that may arise from delays.
Filing the lawsuit in the correct court is crucial. Typically, this would be the county court where the deceased person lived or died. Jurisdictional requirements can sometimes be complex, so verifying the correct venue is essential for the case to proceed without unnecessary delays.
The lawsuit must include a complaint that outlines the facts of the case and specifies the damages that the family members are seeking. This document serves as the foundation of the case, detailing how the wrongful death occurred, the evidence supporting the claim, and the specific compensation sought, such as medical expenses, lost wages, and emotional distress.
Filing a wrongful death lawsuit involves specific legal requirements that can be challenging to navigate alone. At Torgenson Law, our experienced attorneys can guide you in identifying eligible family members who have the right to file the claim, ensuring that the appropriate parties are included from the start. We understand the importance of adhering to the statute of limitations and will help you file your lawsuit within the necessary time frame to protect your rights.
Our team is also skilled in preparing a comprehensive complaint that lays out the facts of the case and defines the damages sought, which is critical for a successful claim. With our legal expertise, you can be confident that your wrongful death lawsuit will be handled meticulously, allowing you to focus on honoring your loved one while we work diligently to secure the justice and compensation that your family deserves.
In a wrongful death lawsuit, the family members of the deceased person can seek damages for both financial and personal losses that arise as a result of their loved one’s tragic passing. Understanding the types of damages available is essential for pursuing fair compensation and accountability.
Damages may include:
In addition to these compensatory damages, the family members may also pursue punitive damages. These damages are intended to punish the defendant for particularly egregious behavior and to deter similar misconduct in the future.
The total amount of damages recoverable will depend on the specific facts of the case, including the circumstances surrounding the death and the financial impact on the family. At Torgenson Law, we are dedicated to carefully evaluating each case so that you receive the maximum compensation you deserve for your loss.
In Arizona, wrongful death laws include statutes that govern who can file a claim and what types of damages may be available, as well as prior case precedents that have addressed wrongful death claims by survivors.
The process of recovering compensation can be complicated not only by the presence of multiple applicable laws but also by the unique facts of your case. You will need an attorney who is familiar with Arizona wrongful death laws and takes the time to investigate the facts of your loved one’s death, preserving important evidence to help you make your claim.
To prevail on a wrongful death claim, you will generally need to prove the elements of negligence. This means you’ll need to prove that the party responsible for your loved one’s untimely death had a duty of reasonable care to your loved one and that they breached that duty through their conduct, such as by driving unsafely or failing to obey the rules of the road in a car accident.
You will also need to prove that the responsible party’s conduct directly caused your loved one’s death and the damages your family has suffered as a result. Generally, Arizona law requires you to file your claim within two years of your loved one’s death, which is known as the wrongful death statute of limitations.
Damages in an Arizona wrongful death claim may include several categories, and Arizona law gives broad discretion to the jury to award any damages that it “deems fair and just with reference to the injury from the death to the surviving parties who may be entitled to recover.”
This can include burial and funeral expenses, medical bills that resulted from treatments your loved one received, and the income, wages, and benefits your loved one would have received if they had lived. Additionally, damages may include the loss of care and companionship of your loved one, along with the pain and suffering experienced by both your loved one before their death and by your family as a result of their untimely death. In some particularly egregious cases, punitive damages are also possible to punish the defendant for their conduct.
Wrongful death claims typically involve a lengthy process of negotiating with the responsible party and their insurance company. This can be tough to handle on your own—after all, insurance companies tend to have significant resources and strong legal teams, and their goal is to minimize any potential payout to you.
An experienced and knowledgeable Arizona wrongful death attorney can make all the difference, fighting on your behalf even in the most difficult cases to obtain a fair and reasonable resolution. Although nothing can bring your loved one back, your family deserves fair compensation for the losses you have suffered in the wake of your loved one’s tragedy.
Wrongful death claims are some of the most serious and complicated accident cases. There are many different variables that can affect your resulting claim, and there may be various parties involved who are responsible for your injuries. You need an attorney by your side who has the knowledge and experience necessary to investigate the facts of your claim thoroughly, preserve important evidence, assess the full value of your damages, negotiate with the other party and their insurance provider, and present a strong case on your behalf.
At Torgenson Law, we understand the significant impact this type of loss has on your family. Although nothing can bring back your loved one, we aim to take care of the details of your case, so that you can focus on getting your family back on track.
If your loved one has suffered an untimely and wrongful death at the hands of another party, contact Torgenson Law online or call 602-726-0747 for a free case evaluation.
