Losing someone that you love is never easy – especially when the death happens suddenly and unexpectedly. If you have reason to suspect that someone else negligently or intentionally caused your loved one’s death, it can be even more difficult to cope. The realities of your loss can be overwhelming emotionally, mentally, and financially.
At Stone Rose Law, our compassionate Scottsdale wrongful death lawyers will treat your family like our own during this difficult time. When you are ready, we can help you take legal action to demand justice and accountability for your loved one’s death. We will make certain that your loved one’s voice is heard by the civil justice system. Contact us today for a free evaluation of your potential wrongful death case in Scottsdale, AZ.
The definition of wrongful death in Arizona (Arizona Revised Statutes Section 12-611) is a death caused by someone else’s neglect, wrongful act or default, if the party killed would have been entitled to maintain an action to recover financial compensation against the at-fault party had death not ensued. In other words, if your loved one had survived the accident and been able to file a personal injury lawsuit, your family most likely has grounds for a wrongful death action now.
A wrongful death lawsuit in Arizona consists of three main elements:
To achieve financial compensation in a wrongful death case in Arizona, you or your Scottsdale personal injury attorney must use clear and convincing evidence to establish these three elements as more likely to be true than not true (a preponderance of the evidence). Evidence may include eyewitness statements, expert testimony, photographs and videos, accident reports, and medical records.
A wrongful death can be caused by many things in Arizona. Most of these cases come down to human error or negligence, such as a doctor providing subpar medical care to a patient or a motor vehicle driver engaging in reckless behaviors behind the wheel. Some of the most common causes of wrongful death are:
The list of avoidable accidents that can take a life is almost endless. If any type of unexpected or preventable accident killed your loved one in Scottsdale, you may have grounds for a wrongful death claim. Speak to a Scottsdale wrongful death lawyer to find out if your family is entitled to financial compensation.
The answer to this question depends on who you are and what your relationship was to the deceased person (decedent). Arizona law restricts the ability to bring a wrongful death claim only to the decedent’s surviving spouse, child, parent or guardian, or personal representative. The personal representative, sometimes called the administrator or executor, is the person assigned to carry out the terms of the decedent’s will. If your loved one did not have a will, the courts in Maricopa County can assign an administrator instead. If you have further questions about who can file a wrongful death claim in Arizona, speak with a local wrongful death attorney in Scottsdale.
When a wrongful death lawsuit is filed on behalf of a lost loved one, the burden is on the victim’s family and legal representation to prove that another person or party was responsible for their loss. The family member must prove liability, just as an injury victim would need to prove liability after being harmed due to another person’s careless or negligent actions. Depending on the circumstances of the case, it may be possible to prove that the fatal accident occurred due to intentional or unintentional conduct.
When someone intentionally causes harm to another person that results in their death, this results in a wrongful death case stemming from intentional conduct. When someone acts in a reckless, negligent, or careless manner and causes fatal harm to another person, they may be charged with wrongful death, even though they did not intentionally seek to cause injury.
You must be careful to file the required paperwork to bring a wrongful death cause of action within the statute of limitations in Arizona. This is a state law that gives a strict deadline by which all claimants must file their claims. In Arizona, the statute of limitations on a wrongful death case is two years of the date of the decedent’s death. With only rare exceptions, a case that is brought too late will be denied its day in court, meaning that family members will be unable to recover financial compensation. It is critical to contact a Scottsdale wrongful death lawyer without delay.
The specific losses that you and your family suffered will determine the financial benefits available in a wrongful death lawsuit. An insurance company or jury will assign financial compensation – otherwise known as damages – based on evidence of the losses associated with the death. These losses may include:
Although some states have damage caps, or maximums on how much a plaintiff can receive in financial compensation in a wrongful death case, Arizona has no such cap. This means that there is no limit to the amount of damages that can be awarded to a plaintiff in a wrongful death suit.
Dealing with the loss of a loved one is never easy, particularly when they lost their life in a preventable accident. Our wrongful death lawyers understand the emotional pain your family is going through and will fight tirelessly for justice for your family. No amount of money can replace the presence of your loved one, but we will work diligently to hold the party responsible for their loss accountable.
A wrongful death lawsuit in Scottsdale can be incredibly complex, and you can trust that our team is in your corner to provide expert advice and legal assistance. We have considerable experience dealing with insurance companies and strive to reach a settlement that is acceptable to you and your family. Our injury lawyers will handle every aspect of your case from start to finish, so you can focus on healing without the distractions of a legal matter looming over your head.
Our law firm takes on personal injury cases in Arizona on a contingency fee basis. You will not be burdened by any upfront lawyer fees or other costs to gain representation from one of our skilled attorneys. Until we secure a settlement or trial win for you, you will not owe a cent in out-of-pocket expenses.
While no amount of money can ever replace the life of someone you loved, a successful wrongful death lawsuit can give you and your family justice and closure by holding a wrongdoer accountable. It can help you pay for your daily expenses during this difficult time, making life a little easier for you and your family while you grieve and heal. You and your family can look toward the future with less financial stress and more peace of mind.
At Stone Rose Law, we can investigate your family’s legal options, defend your rights in the civil justice system and help you in many other ways. We care about our clients and will treat your case with the utmost respect and dignity. Get help with your wrongful death lawsuit from an experienced and compassionate Scottsdale wrongful death attorney today. Request a free consultation online or by calling our law firm at (480) 498-8998.