Wrongful Death Lawyer Scottsdale Arizona
Wrongful Death cases arise when someone is killed as a result of another’s negligence. These types of cases can involve everything from drunk drivers to recalled drugs. If the fault lies with another party, then compensation may be recovered by a Scottsdale wrongful death lawyer on behalf of the victim’s family.
In wrongful death cases, a family must deal with grief and stress over the accident that took their loved one, but they are often burdened with excessive financial responsibilities as well. There are unexpected medical bills, funeral costs, and the loved one is no longer there to provide financially for his or her family. The personal injury suit aims to assist the family in recovering those and other expenses.
Who Can File a Claim?
In most cases, the wrongful death claim can only be filed by close family members of the deceased. Though the law varies from state to state, all states allow immediate family members like a spouse or children to file a claim. Even a minor may be able to file a claim but the courts may insist on a legal guardian being appointed.
Even distant relatives such as aunts, uncles and grandparents may be able to file a suit in some states. If the responsible party is a member of the victim’s family, in most cases the law will not allow another family member to file a claim. Though the guilty party may face criminal charges, they normally will not have to face civil charges.
In all states, there is a Statute of Limitations, which means that the family of the victim must file charges within a certain amount of time. The statute of limitation varies by state but once the time has expired, a claim cannot be filed against the guilty person.
The family of the victim may be entitled to collect various wrongful death damages once fault on the part of another has been established. These eligible expenses include:
- Pain and suffering
- Medical bills
- Punitive damages
- Funeral Bills
- Compensatory damages
Filing a Claim
In order to file a claim, you must have valid proof about who was responsible for the accident that took the life of your loved one. This is proof that will be presented in court. You must prove that the guilty party behaved or did not behave a certain way and this behavior caused the accident.
This is essential but it can be complicated to prove this element. A qualified personal injury lawyer can help you determine if you have a legitimate claim. If you’ve lost a loved one and aren’t sure what to do, then this can be a good step forward.
Zinda Law Group PLLC offers free legal consultations to help those in this situation to make the right decision for their family. We can evaluate your claim and let you know what must be proven in order to prevail in court.
At Zinda Law Group you’ll find professional, concerned Scottsdale attorneys with a full understanding of the wrongful death laws in Arizona. You can count on getting highly skilled legal representation from a team that cares. Please call for your free appointment.