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The death of a loved one is a tragic event that can affect a family years after the fact. An unexpected death is can be even more devastating. In these situations, the surviving family members are faced with seemingly insurmountable challenges, mentally, emotionally, and financially. A wrongful death cause of action may allow certain surviving family members to recover compensation on behalf of the deceased.
If you have experienced the death of a loved one and are interested in filing a claim, or to learn more about wrongful death lawsuits, call Zinda Law Group’s Tuscon attorneys at (800) 863-5312 for a 100% free case evaluation.
WRONGFUL DEATH BASICS
Grounds for a wrongful death claim may arise in situations where a person dies due to someone else’s negligent, reckless, or intentional conduct. A wrongful death lawsuit is a civil—i.e., not criminal— claim brought by the surviving family members of a deceased individual against the person or entity that caused the death. If successful, a wrongful death claim may provide financial compensation in the form of money damages to the party who filed the lawsuit.
COMMON WRONG DEATH CLAIMS
Many wrongful death cases involve an accident of some sort. For instance, a car crash may provide adequate grounds for a wrongful death claim. Some wrongful death claims may arise from intentional acts. Listed below are some of the most common events giving rise to wrongful death claims.
Car accidents are among the most common causes of wrongful death cases. Data compiled by the National Highway Traffic Safety Administration indicates that approximately 40,000 people in the United States die of automobile accidents every year. Grounds for a wrongful death claim may exist in multi-car collisions, such as when a distracted driver runs into another vehicle. Grounds for a wrongful death claim may also exist in single-car crashes where, for instance, a defective steering wheel leads to a crash and subsequent death.
Medical professionals are charged with a legal duty to provide patients with safe and responsible care. Grounds for a wrongful death claim may arise when this duty is breached. Examples of medical malpractice events that may give rise to a wrongful death claim include prescriptions errors, misdiagnosis or delayed diagnosis, surgical errors, anesthesia errors, nursing home abuse, or medical equipment malfunctions.
Wrongful death claims based on aviation accidents typically involve tragic accidents involving airplanes or helicopters. Parties that may be held liable for aviation wrongful death claims include the airline or helicopter company, the manufacturer of the airplane or helicopter equipment, or the pilot.
State law imposes a duty on manufacturers, distributors, retailers, and product designers to put safe products into the stream of commerce. As a result, a wrongful death cause of action for a product liability case may exist if the manufacturer, designer, seller, or distributor of a product placed into the stream of commerce failed to follow its duty to provide the consumer with a safe product. For instance, if a person is involved in a fatal accident with a defective power tool, and the company that sold or manufactured the product may be subject to liability.
Examples of fatal workplace accidents include explosions, falls, and exposure to hazardous chemicals or other dangerous substances. The party that may be held liable for a work-related death depends on the circumstances giving rise to the accident.
Unlawful actions that result in death may also provide adequate grounds for a wrongful death claim. For instance, if a fatal bar fight between two individuals may be a sufficient basis for a wrongful death cause of action. A criminal conviction is not a prerequisite for bringing a wrongful death claim.
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
Motor Vehicle Collision
WHO MAY FILE A WRONGFUL DEATH CLAIM?
To have standing to file a wrongful death lawsuit, a party must first be authorized by the state’s wrongful death statute. In Arizona, wrongful death claims may be filed by certain members of the decedent’s family, including:
- The surviving spouse;
- A child;
- A parent or guardian; or
- The personal representative of the decedent
WRONGFUL DEATH CLAIM PROCESS
1. Contact a Wrongful Death Attorney
Parties eligible to file a wrongful death claim should consider contacting a Tucson wrongful death attorney before taking any legal action. A wrongful death claim requires a thorough experience of the law as well as experience with the court system. A wrongful death attorney may be able to gather the facts of your case and provide valuable legal advice regarding your options moving forward. If necessary, a wrongful death attorney may file a wrongful death claim on your behalf and handle the claim from start to finish, ensuring that your legal rights are protected.
After an initial consultation, the wrongful death attorney may conduct a thorough investigation into the case to collect evidence to strengthen your wrongful death claim. For example, the attorney may interview witnesses and other parties with knowledge of the situation. The attorney may also review relevant medical records and account for each form of damages that have been incurred as a result of the wrongful death.
3. Settlement and Lawsuit
If, after conducting a thorough investigation, your claim is found to be strong, your attorney may file a lawsuit. If the at-fault party offers a settlement agreement, the attorney may act on your behalf by reviewing and negotiating the terms of the settlement with the other party or their insurance company. If it is not in your best interests to accept a settlement offer, your case may proceed to trial.
The types of monetary damages involved in wrongful cases can be separated into three categories: economic damages, non-economic damages, and punitive damages.
Economic damages typically refer to the value of the financial contributions the decedent would have made to his or her surviving family members had the death not occurred. Such damages may include:
- Medical expenses related to the death
- Funeral expenses
- Loss of expected earnings
- Loss of benefits (e.g., pension plans and/or medical coverage)
- Loss of inheritance
- The value of goods and services that the decedent would have provided
In personal injury cases, non-economic damages are subjectively evaluated by the jury, taking into consideration many important factors. Types of non-economic damages in a wrongful death case may include:
- Damage for the survivors’ mental anguish or pain and suffering
- Loss of care and protection from the deceased
- Loss of companionship
- Loss of consortium
Punitive damages may be awarded on the rare occasion where the judge or jury finds that the wrongdoer’s actions were particularly reckless or intentional. In Arizona, to be eligible for punitive damages, the conduct leading to your loved one’s death must have been guided by an “evil mind.”
I had the privilege of working with Zinda Law Group recently and was thoroughly impressed with the level of service and support they provided. When we began, I had reservations about the likelihood of reaching a settlement, but the team's professionalism, intelligence, and dedication quickly put those doubts to rest. They went above and beyond to ensure that I was informed and comfortable throughout the process, and their hard work and strong advocacy ultimately led to a successful outcome. I cannot thank Zinda Law Group and their staff enough for their exceptional service and support, and I would highly recommend them to anyone in need of legal assistance. Their commitment to their clients and their willingness to fight for what's right truly sets them apart. In short, I give them a rating of five stars for their outstanding work. Zinda Law Group is amazing! My husband was in an accident and they made the process super easy and hassle free. 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I really appreciate all of their hard work and dedication, I highly recommend.Thank you all again for your help and your time.Sincerely,Pat.b I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!! I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team. 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I hired Zinda for a crazy situation involving an 18 wheeler where an object flew off a trailer and blasted through my windshield.I reached out to Zinda and spoke with Michael Cupero, my attorney at Zinda, after the accident once I realized this is affecting my day to day life in a significant way (PTSD from a "Final Destination" type of incident) and Michael was nothing short of fantastic through the entire process.The Zinda team, including Michael and Mary-Catherine Holt and several others, guided me through the entire process from initial settlement offers, filing the lawsuit, depositions, the whole 9.They listened to my concerns, provided clarity and perspective when needed, and not once did I feel that my best interest was not at the forefront of their actions and behavior through my experience as a client.Thank you Michael, Mary-Catherine and Zinda!If you want a team that will treat you with professionalism, respect, and understanding then do yourself a favor and reach out to Zinda! 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They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team. The Zinda Law Group was outstanding in helping me with my aunts case. My two Attorneys Neil and Shivangi were very compassionate, kind, eager to help, and really listen carefully and attentively to my case about my aunt. My aunt got hit by a driver while crossing the street and killed. I went after the guys insurance; although, this doesn't bring back my aunt, but allows for this not to happen to other people like this in her case. These attorneys worked very hard and efficiently to bring the justice that they saw fit. When I had a question they explained in terms I understood and not above and beyond me. 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Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney! Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!! 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I’m so happy and thankful to Zinda law group!!!!!! Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything! Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM. I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most. Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident. Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance. Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you! My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance. I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group. I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm. When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field. I am so glad I got in touch with Zinda! 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I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them! They helped me with so much! I had a dog bite happen 2019 and it was very heart breaking! This law group made everything so easy to help me through a rough time! John Rogers and Shane Eckert were very easy to talk to and open about if I needed to talk about frustrations I had with bills. Everything got closed before Christmas and I was so blessed! I highly recommend them no matter what! Thank you guys so much! Zinda Law Group helped me with my personal injury case after an auto accident. I was hurt pretty badly and I wasn't sure which attorney to call, I looked at reviews for Zinda Law and called right away.Kaitlin Nares and her team were so responsive and helpful. Kaitlin called me right away and helped me navigate through a very difficult process and time in my life. Being hurt in a car accident changes you!!! My case settled for more than I thought it would, and a lot quicker. I know sometimes things are more complicated, but my case was settled in only 3 months after my accident. Mary-Catherine was also so helpful in making sure everything was finalized! I have referred two people who have recently been in auto accident because it's not IF, its WHEN these days... I usually don't write reviews unless I feel strongly about sharing my experience to help others! Thank you!!! I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time. Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!
LEGAL TIME LIMITS
In Arizona, there is a two-year statute of limitations for wrongful death claims. This means that a wrongful death lawsuit must be filed within two years of the date of the death of the decedent. For instance, if a person was killed in an automobile accident on November 1, 2020, a wrongful death suit must be filed before November 1, 2022, or else the claimant may be barred from having the case litigated in court.
In certain, rare situations, the two-year statute of limitations may be paused or “tolled.” However, it is important to remember that tolling is an exception and not the norm. Because the statute of limitations is a critical factor in any wrongful death case, consider contacting a wrongful death attorney. An attorney may be able to provide legal advice regarding the status and viability of your claim.
WHY HIRE A WRONGFUL DEATH ATTORNEY
Knowledge of the Law
Wrongful death causes of action require a thorough understanding of many aspects of the law. A wrongful death attorney with experience navigating wrongful death claims from start to finish may file a claim on your behalf, explain important topics, and ensure that your rights are protected.
Utilization of Resources
Hiring a wrongful death attorney may provide your claim with access to valuable resources that typically are not available to the general public. For instance, an attorney may track down witnesses, conduct interviews, and obtain access to surveillance footage, traffic cameras, or safety logs.
A major aspect of filing a lawsuit is negotiation. Wrongful death claimants are often contacted by insurance companies who refuse to pay out the full value of a claim. These companies often prey on the claimant’s inexperience in handling a wrongful death claim. A wrongful death attorney may act on your behalf by negotiating with these insurance companies to make sure that your interests are best represented.
In addition to acting as an advocate for your position, an attorney may also be a source of support. Some clients feel a sense of comfort knowing that their case is being handled by a professional. Hiring a wrongful death attorney may thus provide you with the comfort and knowledge that your case is being handled in an efficient and professional manner.
ZINDA LAW GROUP’S TUCSON ATTORNEYS MAY HELP
Zinda Law Group’s team of Tucson attorneys may provide quality legal representation following a wrongful death case. In addition to years of experience handling wrongful death claims from start to finish, our team has access to resources to strengthen the value of your claim.
Our firm also believes that an injury victim should never have to worry about being able to afford excellent legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.
If you would like to discuss the details of your case with an experienced Tucson wrongful death lawyer, call Zinda Law Group at (800) 863-5312 to receive your free case evaluation.
Meetings with attorneys are by appointment only.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO