Mesa Wrongful Death Lawyers
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Losing a loved one is difficult, but losing a loved one at the hands of someone who was negligent is even more difficult. A wrongful death lawsuit is one way to receive compensation for the loss of a loved one. If in your family someone died in an accident in Mesa due to another person’s negligence, you may have legal recourse.
While nothing can make up for the loss of a loved one, financial compensation can make dealing with the death and the expenses associated with the burial or funeral easier. So, if your loved one was in an accident in Mesa and suffered a wrongful death, call our personal injury attorneys in Mesa, Arizona, at Zinda Law Group at (800) 863-5312 for a 100% free case evaluation.
mesa wrongful death lawyers
The family of the deceased can seek a claim for wrongful death on behalf of their lost family member. A wrongful death lawsuit would prevail if the deceased person died in an accident as a result of someone else’s negligent behavior. When someone dies in an accident in Mesa, they have no way of recovering financially for their injuries and death; since the deceased can no longer bring a lawsuit for personal injury, a wrongful death claim is a way that the family of the deceased can obtain compensation on the deceased person’s behalf.
A wrongful death lawsuit is a civil action and is meant to compensate for the death of a family member; compensation can help cover expenses such as the cost of burial or cremation, the funeral service, or any expenses leading up to the death such as hospital bills. Families may also be able to recover for the emotional burden of losing a loved one. While there is no ideal compensation for the loss of a loved one, the law can help compensate families for the financial burden of losing a family member.
Most wrongful death claims will arise when another party was acting negligently or intentionally to bring about the death of another. If the person who died in an accident in Mesa could have brought a claim for personal injury, then there is a strong claim for a wrongful death lawsuit. The time limit for filing a wrongful death lawsuit in Mesa, Arizona is two years.
wrongful death qualifications
A wrongful death claim will only be successful in certain situations and is not applicable to every death. In Arizona, a wrongful death is one that is caused by a wrongful act, whether through negligence or default. The death must have been caused by the legal fault of another, such as through a negligence-based car accident, medical malpractice, or an intentional act such as first- or second-degree murder or manslaughter. While murder and manslaughter are criminal charges, a family member may still pursue wrongful death as a civil action, regardless of whether the person responsible for the death was actually charged or convicted.
Other instances where a wrongful death claim may succeed include workplace accidents and premises liability accidents. Expanded explanations of these and others are provided below.
The car accident must be negligence-based to qualify as a wrongful death accident, meaning the driver was responsible for the crash due to failing to drive reasonably. This could mean that they were driving under the influence, speeding, or driving recklessly. If the driver was breaking traffic laws and caused an accident, resulting in the death of one or more persons, there is likely a strong case for wrongful death.
Doctors have a responsibility not to harm their patients. While there are always risks associated with surgeries or medical procedures, death that occurs due to the negligence or fault of the doctor or medical personnel can be the basis of a wrongful death claim. A wrongful death may also occur if there is a misdiagnosis, equipment malfunction, or an improper surgical procedure.
Criminal activity such as assault or battery that causes a person to die as a result can qualify as a wrongful death. If the person responsible for the death was criminally charged or convicted for murder or manslaughter, then it may be easier to prove that a wrongful death occurred since the burden of proof is lower for civil cases.
Some jobs are inherently dangerous and may have risks involved as part of the job responsibility; however, an employer is responsible for ensuring the safety and health of workers. If a workplace accident leads to the death of an employee and the death was preventable either by supervision or safety protocol, then the employer is likely liable for wrongful death. While some jobs may offer workers’ compensation in the event of a death, a family member can sometimes still recover compensation from a wrongful death claim.
Homeowners or building owners have a responsibility to keep those who enter their property reasonably safe from harm. If a person who is invited onto a property such as a shopping mall, grocery store, or community swimming pool dies as a result of an unsafe condition, then the property owner could be sued for wrongful death.
Products purchased through retailers and manufacturers are meant to be reasonably safe for everyday use. Products that are dangerous should contain adequate warnings for safe operation; even products such as prescription drugs must carry adequate warnings or require that the pharmacist disclose any serious side effects. Death that occurs due to defective products may qualify for a wrongful death lawsuit.
parties that can recover from wrongful death
Not every person who knew the deceased can recover from a wrongful death claim. The person bringing about the wrongful death action must be a surviving husband or wife, child, parent or guardian, or personal representative of the deceased person. Either parent may bring an action for wrongful death of a child.
Depending on who the person is that is bringing the claim, there are different recovery options that will apply; for example, a surviving spouse may have claims available such as loss of companionship or loss of consortium. If the surviving spouse relied financially on the deceased, then they may have a claim for loss of financial stability. Children who bring a claim for wrongful death for the loss of a parent may be able to claim a loss of parental support, loss of financial support, or loss of inheritance.
damages recoverable in a wrongful death lawsuit
Financial compensation can help ease the pain of losing a loved one. There may be many costs to losing a loved one that are more than emotional pain. Arizona has no limit on the amount of damages that can be awarded to a plaintiff in a wrongful death suit. A family member may be able to recover for:
- Burial, cremation, or funeral services expenses
- Emotional harm or mental anguish
- Loss of consortium, companionship, support, care, or guidance
- Loss of future benefits of the deceased, such as insurance
- Loss of household services
- Loss of inheritance
- Loss of the deceased person’s love, affection, and comfort
- Medical bills related to and leading up to the death
- Pain and suffering
- Repair or replacement of damaged property involved in the death
- Value of lost wages
The damages recoverable will be assessed on a case-by-case basis; every case is different. The loss of a loved one does not always mean that the family was financially dependent on that person, for example. A wrongful death attorney will be able to help you find out what damages you are entitled to.
There is also a timeline for filing a wrongful death action in Arizona; the time limit is two years from the date of the person’s death. If the case is not filed within this time limit, then the family member will not be able to have their case heard. It is helpful to seek the expertise of a wrongful death attorney as soon as possible following the death of your loved one so that they will have sufficient time to file your claim on time; while it may be hard to discuss the circumstances surrounding your loved one’s death, you have the right as a family member to seek legal retribution for losing your loved one.
why hire a wrongful death lawyer in mesa?
A wrongful death lawyer can help relieve some of the stress involved in the financial and emotional loss of a family member’s untimely death. The laws of personal injury are meant to deal with loss. When someone is injured or killed by the actions of someone else, they should be held responsible for their actions; hiring a wrongful death attorney in Mesa to assist with the loss of a loved one can help you focus on the grieving process so that you can move forward.
Get Help from mesa wrongful death attorneys
At Zinda Law Group, we can help you find a wrongful death lawyer in Mesa, Arizona, who is experienced, having handled many cases involving families and victims of wrongful death accidents. All of our attorneys have the knowledge and resources necessary to help you determine what to do next and to help recover the best possible outcome for your case.
Call us today at (800) 863-5312 for a free and confidential consultation with one of our wrongful death lawyers in Mesa. You will pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.