When a loved one dies suddenly and unexpectedly, it begins a chain reaction of events you’d rather not participate in. Unfortunately, you have to deal with a lot of emotional pain, but you also have financial pains to consider. A wrongful death lawsuit might be one of your best options. Leon Law, PLLC, has the experience necessary to help you fight that fight, ensuring the most favorable outcome possible for your specific situation.
Wrongful death occurs when someone acts negligently, and those actions result in the death of another individual. When this happens, the immediate family members of the deceased have a right to certain compensation.
Arizona considers children, parents, and spouses to be immediate family members in a wrongful death case. In some situations, multiple family members might try to file a claim, and a court will have to determine who has that legal right.
Most of the time, the spouse of the deceased is first in line to file a lawsuit in Phoenix, AZ. If there is no spouse, or if the spouse chooses not to file, the adult children of the deceased can file. If there are no adult children to make the claim, the individual’s parents or siblings may be able to do it. If the deceased individual is a child, the parent would file the lawsuit.
The attorneys at Leon Law, PLLC, in Arizona can help you determine whether it’s your right or the right of another to make the claim. If it’s another family member’s initial right, your lawyer can help to ensure you are not excluded altogether.
A wrongful death lawsuit doesn’t benefit the victim, but it does benefit the victim’s family members. When you file a wrongful death lawsuit, there are various damages you can seek to recover. This includes:
If before your loved one died, he or she was receiving medical care after the accident for injuries sustained in the accident, you can be reimbursed for those costs.
If the victim was a financial provider for the family, you could be reimbursed for the income lost due to death.
Unfortunately, it takes a good chunk of money to properly care for your loved one after death, and you should never have to foot those bills if the death was a result of someone else’s negligence.
Depending on your relationship, you could sue for loss of companionship, which would include loss of consortium, loss of care, and loss of love.
Emotional and mental injuries are non-quantifiable, but you can still seek compensation for them.
It’s also possible punitive damages will be awarded in a wrongful death case. Punitive damages don’t rely on monetary value based on your losses. Instead, they are awarded to punish the defendant more than he or she was already punished.
This is a particularly common practice in cases of severe neglect and wrongdoing, with the hope it will deter others from making the same mistake. For example, if someone chooses to get behind the wheel after a night of drinking, a death he or she caused would be considered criminal and a potential case for punitive damages.
If you feel your loved one died wrongfully, you shouldn’t sit idly by, hoping someone will come to you with compensation. In some cases, the government will take legal action against the individual because his or her actions were criminal, but you can often still file a civil suit as well. After your loved one wrongfully dies:
You must have an experienced lawyer on your side to help you fight for your rights. Leon Law, PLLC, has that experience and will do everything possible to get you the compensation you deserve.
Anything you can gather that will provide proof for your case should be collected as evidence. This could include medical statements, witness testimony, photographic evidence, and more.
The statute of limitations typically begins the day your loved one dies. In Arizona, the statute of limitations for wrongful death is two years or shorter, so you shouldn’t waste any time getting started with your case after your loved one passes on.
Understandably, you’ll also need time to grieve, and that’s why an experienced attorney is an essential step in the process. You can take the time you need while Leon Law, PLLC, handles the legal side of the situation.
Nobody expects their loved ones to die due to another individual’s neglect, but it happens all too often. If your loved one died suddenly and unexpectedly, chances are you have some questions.
Contact Leon Law, PLLC, in Arizona at 480-369-1083 to schedule a consultation today.
As soon as possible after the loss of a loved one, give our office a call and speak with me, so that I can answer your questions about filing a wrongful death lawsuit.
There’s a lot you should know about wrongful death. You might now have a brief understanding of who can file a lawsuit and what damages can be sought, but you most likely have other questions as well.
Every state has a time limit for which you have to file your lawsuit. This is called the statute of limitations. In Arizona, the statute of limitations for a wrongful death lawsuit is two years. If you don’t file your claim between the death of your loved one and the two year mark, you could forgo receiving compensation to pay for death and burial, lost income, medical expenses, and more. At Leon Law, PLLC, we’re here to start working your case, even if you’re not personally ready to take it on.
Of course, every case in the valley has its own unique twists and turns. If the statute of limitations has passed for your case, you might feel it’s a lost cause. Fortunately, we can search for legal ways to keep the case alive. For example, if medical malpractice was the cause of death, it could take some time before you realize the doctor was at fault. Your loved one may have been deceased for a considerable amount of time before you discovered the doctor’s negligence. The statute of limitations may not apply until after discovery.
We have a lot of Maricopa County clients that come to us with this question. Perhaps the real question is, “Do you want to settle for less than you deserve or fight for what you are rightfully entitled to?” There are always situations in which the offer from the responsible party is acceptable, but those cases are rare. Most of the time, the other party’s insurance company will throw out a lowball offer in hopes of saving themselves a little money. You should never accept such an offer without first speaking with us.
If the offer truly is acceptable, we will always recommend what is best for you and your financial situation. If the settlement is best, that will be our recommendation. If we feel you could win more through a lawsuit, that will be our recommendation. At Leon Law, PLLC, we fight for the rights of every client, and we will do everything in our power to get you fair compensation.
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