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Losing somebody you love is unimaginably painful. When your loss was directly caused by the careless, reckless, or negligent actions of another person or group, the situation is even worse. When you need a Queen Creek wrongful death attorney by your side, the legal team at Stone Rose Law is here for you. We will conduct a painstaking investigation into the incident, leaving no stone unturned as we strive to hold those responsible for your loss accountable.
Wrongful death cases can become incredibly complicated, particularly when grieving families are left going up against aggressive insurance carriers. A qualified Queen Creek wrongful death attorney will offer compassionate assistance and use their resources to:
Every state has its own definition of wrongful death. In Arizona, wrongful death is when one person dies as a result of the neglect, default or wrongful act of another person or entity (Arizona Revised Statutes § 12-611.) In general, if the victim would not have died were it not for the defendant’s careless or reckless act (or crime or intent to harm), the defendant will be legally responsible for the death in question. This means the defendant will have to pay for related losses.
A wrongful death civil action is different from a criminal case against a person for causing a death. A wrongful death lawsuit in Arizona seeks financial compensation from the defendant to make the decedent’s surviving loved ones or estate whole again; to provide a monetary award for beneficiaries’ losses. A criminal case for murder or homicide, on the other hand, seeks to penalize or punish the defendant for committing a crime.
In addition to bringing a wrongful death cause of action, the personal representative of the deceased person can also file a survival action. A survival action seeks financial compensation specifically for the damages suffered by the victim from the time he or she was injured until the time of death. A survival action can result in an award granted to the estate for the deceased person’s pain and suffering, lost wages, funeral and burial expenses, and medical bills. This is different from a wrongful death claim, which seeks compensation for the losses of surviving loved ones.
At Stone Rose Law, our Queen Creek personal injury lawyers have experience helping family members who have lost a loved one in a variety of ways due to the careless or negligent actions of others. This includes the following types of incidents:
If you lost a loved one in any of the above scenarios, speak with a compassionate Queen Creek wrongful death lawyer at Stone Rose Law to learn your legal options.
Under Arizona law, only the following individuals are allowed to file wrongful death lawsuits in civil court:
In a wrongful death lawsuit in Arizona, it is the filing party’s burden to prove the case. It is the plaintiff’s responsibility to establish the fault of the defendant based on a preponderance of the evidence. This means enough evidence to prove fault as more likely to be true than not true. Four main elements must be established by the plaintiff and his or her Queen Creek wrongful death lawyer with clear and convincing evidence to prove a wrongful death suit in Arizona:
These are the four elements of negligence. Most personal injury and wrongful death lawsuits in Arizona are based on the legal doctrine of negligence. However, some cases are based on other legal theories, such as malicious intent to harm or strict liability.
There may be various types of compensation available to family members after the loss of a loved one. Our Queen Creek wrongful death attorneys regularly helps clients recover the following:
Do not delay in seeking legal advice about a potential wrongful death lawsuit. As is the case in all states, there is a time limit to file this type of claim in Arizona. The law that restricts how much time you have to file is known as the statute of limitations. In Arizona, the statute of limitations grants two years from the date of the victim’s death to file.
It is important to speak to an attorney as soon as possible, however, as a different deadline may apply to your case in a unique situation. If the wrongful act of a government entity or employee caused your loved one’s death, for example, you will only have 180 days to file an initial Notice of Claim. Our Queen Creek wrongful death lawyers can help you determine your deadline to file.
If you have lost to somebody you love due to the careless or negligent actions of another individual, company, or entity, contact a wrongful death attorney as soon as possible. At Stone Rose Law, we can use our resources to conduct a full investigation into your case to determine liability and help secure the compensation you are entitled to. When you need a Queen Creek, Chandler, or Scottsdale wrongful death lawyer, you can contact us online for a free consultation of your case or by calling our local law firm at (480) 498-8998.