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When a family member or loved one sustains injuries or damages as a result of another person’s negligence, the victim or their family members can file a personal injury lawsuit to get the compensation that they are entitled to for those losses and damages. If this negligence results in the loss of life of an individual, the individual’s loved one or family members may be able to file a wrongful death lawsuit to obtain a settlement for these damages.
No amount of money will ever replace the life that was lost or the memories of a cherished loved one, but our Phoenix personal injury attorneys have a belief that financial security is essential after a wrongful death. A settlement can help provide the surviving family members with the security necessary to rebuild their lives after a tragedy to restore some sense of normalcy to their lives. It is essential to know that you have the support of others in this challenging time, and the Phoenix wrongful death lawyers at Torgenson Law want to offer our support and condolences for your loss.
In the blink of an eye, your world can be flipped upside down with the loss of a family member, loved one, or spouse. Suffering after the death of a spouse, child or other family member is beyond devastating. When someone loses their life because of a wrongful act, misconduct, or neglect at the hands of another person, surviving family members are often at a total loss on how to move on with their lives.
If the loss was because of the negligent acts of another person, business, or governmental agency, the Tort laws in Arizona allows the surviving family members of the deceased to seek justice for the death of their loved one, as well as, financial compensation by filing a wrongful death lawsuit on behalf of the deceased. Arizona laws recognize that the negligent party’s liability extends beyond the death of the accident victim.
A wrongful death lawsuit is a civil case. Damages are paid to the surviving spouse or family, as opposed to the defendant being punished like in a criminal case. There is, however, an opportunity to sue for punitive damages if the defendant’s negligence was extreme. No amount of money or punishment will be able to replace the loss of the deceased but will undoubtedly help ease the burden on the surviving members of the family. The Phoenix wrongful death lawyers at Torgensen Law have more than twenty years of experience assisting Arizona injury victims and their families get the fair compensation that they are entitled to for their claims and we can help you too.
Under Arizona law, A.R.S. section 12-612(A), an action for wrongful death shall be brought by and in the name of the following:
There is a statute of limitations regarding a wrongful death action in Arizona. The state requires that a claim must be filed within two years of the date of death, and only the spouse, children, or parents of the deceased individual can file a wrongful death action. A personal representative of the deceased’s estate is also allowed to file a claim in the absence of other family members who are willing or able to do so. This also applies to personal representatives of a deceased child, parent, or spouse of the deceased in the wrongful death case. If the person who lost their life was a child, either parent or the child’s legal guardian can file a wrongful death action.
There are many primary causes of wrongful death accidents. It is essential to understand what scenarios can lead to accidental deaths to understand your rights when filing a wrongful death action. Some primary reasons include:
Accidents involving vehicle collisions are responsible for thousands of injuries and deaths in the United States every year. The most common types of car accidents are often due to the negligence of one or both drivers. When this is the case, the at-fault driver should expect some legal response from the victim’s family.
If someone knowing kills another individual with the intent to do so, he or she will assuredly face criminal charges due to their actions. However, criminal prosecution does very little to compensate the victim’s family for financial damages resulting from the attack. The surviving family members should file a wrongful death action in combination with the criminal charges from the state to collect restitution due to the incident.
Certain working environments are more dangerous by nature than others. Unfortunately, accidental workplace deaths are common in given industries. These include construction, oil and gas, mining, and deep-sea fishing, where workers are tasked with doing potentially dangerous activities daily, resulting in the risk of fatality in the workplace.
Medicine is a naturally uncertain field due to unpredictable circumstances that can occur without notice. Ultimately, doctors and other medical personnel have a legal and ethical obligation to treat patients through the use of acceptable and sound treatment methods. If a physician or other medical practitioner operates outside of the bounds of acceptable treatment methods, he or she is committing medical malpractice.
All claims of wrongful death can lead to a lengthy and stressful trial or negotiation process. This is especially true without adequate legal representation. It is crucial that the family of the victim acts quickly in the event of a wrongful death to file a claim and not delay. The experienced Phoenix wrongful death attorneys at Torgenson Law are here to help guide you through the complicated and complex legal process that comes with filing a wrongful death claim.
In the case of a wrongful death resulting from a vehicle accident, the plaintiff is required to prove that the defendant is responsible for the accident and the resulting death. If the state is also prosecuting the defendant due to a criminal charge, the evidence provided in that case is also applicable to the civil claim from the family members of the victim. Evidence can include eyewitness statements, recordings from traffic cameras, and cell phone videos or recordings.
All of these can ultimately contribute to the success of the plaintiff’s claim. The most crucial aspect of succeeding in a claim of wrongful death is to provide proof of the defendant’s carelessness. In hiring a Phoenix wrongful death car accident attorney at Torgenson Law, you will significantly improve your chances of successfully producing the relevant evidence of negligence on the part of the defendant.
More information: The Most Common Types of Car Accident Injuries
In a wrongful death lawsuit, family members of the deceased person often face devastating emotional and financial challenges. Damages typically sought in these cases can include lost wages, medical expenses, funeral expenses, and compensation for pain and suffering.
Lost wages refer to the income that the deceased would have earned had they survived. Medical expenses encompass any costs incurred from hospital stays, treatments, and care related to the injury leading up to the death. Funeral expenses cover the costs associated with burial or cremation. Additionally, families may seek compensation for pain and suffering, recognizing the emotional impact and mental anguish caused by the death of a loved one.
Under Arizona law, family members may also pursue punitive damages, which serve as a means to punish the defendant for their wrongdoing rather than merely compensating for losses. Punitive damages are often applicable in cases involving gross negligence or intentional harm, serving as a warning to discourage similar conduct in the future. The amount of damages that a family can recover depends on the nature of the wrongful act and the extent of the losses experienced.
A wrongful death in Arizona refers to a fatality caused by the negligent, reckless, or intentional actions of another party, creating a legal basis for a claim for financial compensation. The legal framework governing wrongful death cases in Arizona is outlined primarily in Sections 12-611 through 12-613 of the Arizona Revised Statutes, along with relevant court decisions interpreting these statutes.
In a typical wrongful death lawsuit, there are two types of legal claims. The first claim is for designated surviving family members, which allows them to seek compensation for their personal losses and suffering due to the death. The second claim is for the decedent’s estate, which encompasses damages related to the deceased’s financial obligations and incurred expenses. This includes funeral and burial costs, medical bills, and other economic losses directly related to the circumstances of the death.
To achieve a favorable outcome in a Phoenix wrongful death claim, the claimant and their attorney must demonstrate that someone else is liable for the accident that led to the death. Establishing liability requires proof that the accident was caused by another party’s negligence or wrongful actions.
To prove liability, various elements must be established, including the duty of care owed by the defendant to the deceased, a breach of that duty, causation linking the breach to the accident, and the resulting damages. This can involve gathering evidence such as police reports, medical records, eyewitness statements, and expert testimony.
Navigating a wrongful death claim in Phoenix can be complex, and having an experienced wrongful death attorney is crucial. They can help you gather the necessary evidence, build a strong case, and navigate the legal process effectively. By working with a knowledgeable attorney, family members can focus on their healing and protecting their legal rights in pursuit of fair compensation.
Your lawyer must provide four elements of negligence in a legal setting to be successful in a wrongful death case for individual negligence. It is essential to understand these elements when you file your claim so you can ensure a successful outcome in your settlement. These four elements are as follows:
The plaintiff must provide evidence that the defendant owed a duty of care to the plaintiff if led to the accident. An example could be that all drivers have a duty of care to other motorists and pedestrians on the road to follow the traffic laws in the area and obey posted signals and signs. A failure to do so would be seen as a failure to acknowledge this duty.
The plaintiff must also provide evidence that the defendant breached this duty of care. This involves showing that the defendant committed a specific action during the situation which led to wrongful death. An example could be speeding or texting while driving. Another example could be inaction on the part of the defendant, such as a failure to take appropriate action to ensure the safety of the plaintiff.
The plaintiff must provide evidence that the negligence of the defendant caused some visible injury or tangible loss. Often, in wrongful death claims, this is documented previously and readily apparent to the court.
Lastly, the plaintiff is required to show the connection between the defendant’s breach of duty and the death of the victim. This often requires providing evidence that the defendant’s actions directly resulted in the death of the victim. It could also involve providing proof that the death would not have happened without the efforts of the defendant.
It has to be said that certain types of claims involve various elements of negligence. The character of the defendant is essential as well. These are especially true regarding claims of medical malpractice.
There are different rules when filing civil actions against individuals than filing lawsuits against government bodies. When suing a federal or state government agency, the plaintiff is required to meet stringent filing deadlines with the court. They must also deal with caps for specific types of damages. The legal professionals at Torgenson Law can help make the best decision concerning your particular case to ensure that you have the evidence needed to file a claim successfully.
Obviously nothing can bring back a deceased loved one, but unfortunately there are still many death related expenses to consider. Some of the most common damages sought in a wrongful death case are:
It can often be difficult to navigate the wrongful death claims process in Arizona. This is especially true after experiencing something as traumatic as the unexpected death of a loved one. The injury attorneys at Torgenson Law have been helping Arizona residents who have lost loved ones in a fatal accident that was caused by someone else’s negligence for decades by successfully filing personal injury and wrongful death claims on their behalves. We want to put our more than twenty years of Arizona personal injury law experience and knowledge to use for you and your case. We understand that this is a confusing and challenging time for you and your family. We will use all of the resources at our disposal to help work on your case because we care about your claim and want to get you the best settlement possible.
Statistics show that wrongful death is prevalent within the country. Every year, 32,000 driving-related fatalities happen in the United States, and around 98,000 people die from preventable medical errors, such as misdiagnosis or surgical error. If you or a loved one lost their life due to wrongful death, please contact a Phoenix wrongful death attorney at Torgenson Law firm today at (602) 726-0747. We are here to help you in your time of need and help you hold the at-fault party accountable for their role in your loved one’s loss of life.
“I received more than 10x what was initially offered me by the other party’s insurance agency and they were incredibly kind and professional.” -Emma D.
