ARIZONA WRONGFUL DEATH LAWYERS
CALL (800) 863-5312 TO SPEAK TO WRONGFUL DEATH LAwyers IN ARIZONA FOR FREE
Losing a loved one in an accident is a traumatic and painful experience; it can be a trying time for any family to endure. Most families are thrust into financial uncertainty after losing a loved one suddenly in an accident, as surviving family members are left with medical bills, funeral expenses, and other obligations. Adding to the pain and confusion may also be anger caused by knowing the fatal accident was the result of someone else’s negligence. While any compensation you may be entitled to will not replace your loved one, it may at least help you address the financial burden caused by their passing.
If you have recently lost a loved one in an accident in Arizona, contact the experienced Arizona personal injury lawyers at Zinda Law Group at (800) 863-5312 for a free consultation today. If we do not win your case, you will not owe us anything.
WHAT IS WRONGFUL DEATH?
A wrongful death claim is a civil lawsuit that may be largely used to seek compensation for damages and losses that you or other surviving family members have suffered as a result of your loved one’s death. These lawsuits may also include claims for any pain and suffering the victim experienced before passing and any medical expenses the victim may have incurred as a result of the accident. In order to successfully pursue a wrongful death claim in Arizona, the victim’s family must generally be able to prove the accident that caused the victim’s death was caused by negligent behavior or was the result of intentional, malicious actions.
An Arizona lawyer for someone who died is called a wrongful death attorney; this person will be able to help you determine your legal options as well as who may be liable for your loved one’s death. Your lawyer may also investigate the fatal accident to determine whether the accident was caused intentionally or as the result of the at-fault party’s negligence.
Examples of Wrongful Death Causes
Many deaths in Arizona every year are due to accidents, caused by no one in particular or on purpose. It may not be possible for surviving family members to get compensation for the losses associated with the deaths of their loved ones in these cases. On the other hand, some Arizona deaths are caused by the negligence or deliberate, intentional actions of others. Some of the most common causes of wrongful death in Arizona include the following:
In 2019, there were over 125,000 car accidents in Arizona, and 911 were fatal. Over 4,000 of these accidents involved alcohol. If the at-fault driver was behaving in a negligent manner and this behavior caused the accident, you may be able to pursue a wrongful death claim. Drivers have a responsibility to drive safely and to refrain from any actions that could cause an accident, such as:
- Texting and driving
- Distracted driving
- Driving while intoxicated
- Drowsy driving
The workplace can be a hazardous environment, so businesses are required to adopt certain safety practices and use appropriate safety equipment to help ensure accidents do not occur. However, sometimes a business or an employee may fail to conduct themselves in a safe manner, potentially causing a fatal accident as a result of negligent actions or inactions, including:
- Lack of, or failure to use, appropriate safety equipment
- Poorly maintained equipment
- Defective equipment
- Failure to follow safety rules
Product manufacturers have a duty to ensure their products will not harm users when used as intended. If a product malfunctions because of a manufacturing defect or a flaw in the design, it could harm or kill the user.
We trust doctors with our well-being. However, if they are careless for even a moment during an operation, or if they fail to accurately diagnose a patient, they could make a deadly mistake, including:
- Misdiagnosis, which may lead to ineffective treatment
- Incorrect medication or treatment, which may be especially dangerous for patients with allergies or if medicine is mixed dangerously
- Surgical error, including injuring a nearby organ, leaving an item inside the victim’s body, or failing to perform the correct surgery
Nursing Home Abuse or Neglect
Nursing homes are meant to be places where our loved ones can receive the around-the-clock care they need due to their advanced age or infirmity. However, if the nursing home staff fails to perform their duties properly or safely, it may result in the death of the loved one.
If an individual engages in dangerous or harmful behavior with the intent to harm someone, they may be held accountable in a civil claim in addition to any criminal proceedings that may result from their actions. Furthermore, they may be held liable even if any intended harm was actually intended for a different victim.
WHO MAY FILE A WRONGFUL DEATH CLAIM?
In Arizona, a wrongful death claim may only be filed by the spouse, children, or parents of the victim. In some cases, the lawyer for someone who died in Arizona, or the executor of the estate, may be able to file a wrongful death claim on behalf of the victim’s spouse, children, or parents.
IF SOMEONE DIES, WHOM DO I SUE IN ARIZONA?
Generally, in wrongful death cases, the victim’s family will file the lawsuit against the party who was responsible for causing the fatal accident. Some accidents, though, have multiple parties who are or may be liable. For example, in an accident involving an eighteen-wheeler or other large commercial truck, the driver will usually be liable. In addition to the driver, other liable parties may include the trucking company, the loading company, or a parts manufacturer.
Any individual or business that may have behaved in a negligent manner that contributed to the accident may also be liable. A wrongful death lawyer in Arizona is able to help you discover who may be liable for your loved one’s death. For each of the following types of incidents in which someone dies, there are several possibilities for who may be sued and held liable.
- at-fault driver
- trucking company
- loading company
- parts manufacturer
- government entity
- at-fault employee
- third-party contractors
- parts manufacturer
- product manufacturer
- product distributor
- physician or nurse
- drug manufacturer
Nursing Home Abuse or Neglect
- nursing home staff
- nursing home operator
In many cases, it may not be readily apparent who all may be liable after an accident. An Arizona personal injury lawyer may be able to investigate your claim to determine which parties may be liable.
The specific details and circumstances of the accident involving your loved one and its causes will vary significantly from case to case. This variance makes dependence upon a thorough investigation of the accident crucial; the assistance of a skilled attorney is invaluable to pursuing the maximum compensation you may be entitled to from any liable party.
HOW DO I FILE A wrongful death CLAIM?
If you have recently lost a loved one due to an accident, and you believe the accident may have been caused by negligence or intentionally, there are some steps you can take which will make filing your wrongful death claim easier and more efficient.
1. Consult An Attorney
Consult a wrongful death lawyer in Arizona as soon as possible. An attorney will review your case and may be able to help you determine if you are able to file a wrongful death claim.
Once an attorney accepts your case, they will typically begin investigating the accident and gathering evidence to prove who may have been responsible for causing the accident and your loved one’s death. This investigation typically includes gathering documentation proving the extent of your financial losses suffered by their passing. This process may include interviewing witnesses, examining the scene of the accident, consulting with experts, and reviewing medical records and bills, but the specific nature of the investigation will vary based on the nature of the accident and the availability of witnesses.
By using evidence gathered in this investigation phase, such as from the other party or any witnesses, your attorney can determine the strength of your case. They will also be able to calculate how much it may be worth before beginning to negotiate with the other party or their insurance company.
Once your attorney has concluded their investigation, they may then present your claim to the insurer representing the liable party or parties. At this point, the insurer may accept the claim, deny it, or propose a counteroffer. Your attorney will generally use an overview of evidence gathered during the course of their investigation to demonstrate to the insurer the strength of your case. Their goal is to present overwhelming evidence of liability.
Insurance companies are much more willing to agree to a reasonable settlement agreement than go to trial, especially when faced with overwhelming evidence of their insured’s liability. An example of such a case is when a drunk driver causes a fatal accident after driving down the highway in the wrong lane and direction.
Depending on the nature of the accident, the amount of compensation being sought, and the amount of available evidence, these negotiations can take time. Insurers will typically also attempt to drag out the process in many cases, hoping to increase the likelihood that you will become willing to accept a smaller offer than you may be entitled to, based on the urgency of your need for compensation.
4. Reaching a Settlement
If your attorney and the insurer are able to reach an acceptable settlement agreement, trial may be avoided. The settlement amount will be sent to your attorney, who will then issue your payment, typically after withholding the attorney’s agreed-upon fees or costs for the case. If a settlement cannot be reached, the case may go to trial.
If the case goes to trial, your attorney may represent you before the jury using the evidence gathered through this process to prove the other party’s liability in causing your loved one’s death. He or she will also strive to prove the full extent of the financial losses you have suffered, such as by losing the sole household source of income.
In a trial, a jury will decide whether the other party negligently or intentionally caused the fatal accident and whether they should be liable for your loved one’s death. Next, the jury will also decide how much compensation, if any, you may be entitled to.
CONTACT AN ARIZONA WRONGFUL DEATH ATTORNEY TODAY
Insurance companies are focused on their profit margins, which means paying as little compensation to victims and their families as possible. This means insurers will have teams of lawyers to help them achieve this goal, often by underpaying or denying legitimate claims. Insurers are familiar with the nuances of the litigation process and will use this to their advantage.
Fortunately, by hiring one of the experienced Arizona wrongful death lawyers from Zinda Law Group, you may be able to level the playing field against you. Our team of wrongful death lawyers are familiar with Arizona personal injury and wrongful death law and have years of experience negotiating and pursuing claims against insurers; we are focused on helping victims seek any compensation they may be entitled to.
Zinda Law Group’s team of experienced wrongful death attorneys is dedicated to helping the families of wrongful death victims pursue the compensation they need to help them get back on their feet. The attorneys at Zinda Law Group will be able to help you determine who may be liable and the amount of compensation you may be entitled to.