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. To alleviate some of your burdens and begin the path toward healing, a personal injury lawyer can help you hold the responsible parties accountable, and fight to recover compensation on your behalf.
While financial compensation 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, the Arizona wrongful death lawyers of Zinda Law Group can provide you with compassionate support and aggressive legal representation.
What Is a Wrongful Death Lawsuit?
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 seek legal remedy in the form of compensation for damages 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 and identify who is liable for your loved one’s death. Your lawyer may also investigate to determine whether the accident was intentional or resulted from negligence.
Examples of Wrongful Death Causes
Many deaths in Arizona every year are due to accidents that were not caused by recklessness, negligence of another party, or by intent. In these cases, it may not be possible for surviving family members to get compensation for the losses associated with the deaths of their loved ones.
Conversely, some deaths are caused by the negligence or deliberate, intentional actions of others. In such cases, an Arizona wrongful death attorney may be able to help you seek justice and compensation for your losses.
Some of the most common reasons families take legal action for wrongful death in Arizona include the following:
Car Accidents
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 fatal accident, you may be able to file a wrongful death action.
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
- Reckless driving or other reckless behavior
If your Arizona wrongful death lawyer can prove the driver was behaving negligently, you may have grounds for a civil action against the driver at fault.
Workplace Accidents and Construction Accidents
Workplace accidents are a major cause of wrongful deaths. 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
Defective Products
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.
If a faulty product was to blame for the loss of your loved one, a wrongful death lawyer in Arizona may be able to help. We can file a claim for damages against the manufacturer of the defective item. Some examples of products with fatal defects include:
- Faulty tires, defective brakes
- Defective truck parts
- Malfunctioning or faulty appliances
- Faulty wiring
- Defective medical devices
- Defective drugs
Medical Error or Medical Malpractice
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, there can be fatal consequences. Some wrongful death suits that stem from medical malpractice could be based on:
- 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
- Birth injuries due to any of the above causes or other deviations from the acceptable standard of care
Nursing Home or Elder Abuse
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.
Many nursing home abuse cases are caused by a lack of staffing, lack of training, neglect, or failure to hire qualified employees. Liability can be placed on corporate owners of the nursing home or other liable parties. A wrongful death lawyer in Arizona can help you investigate and seek justice for these deplorable acts.
Intentional Harm
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.
Situations such as school shootings or other types of attacks in public places would qualify as intentional harm. In the event of such a tragic circumstance, it is critical to seek legal advice from a wrongful death attorney in Arizona as soon as possible to protect your rights.
Who May File a Wrongful Death Claim in Arizona?
In Arizona, a wrongful death claim may only be filed by the spouse, children, or parents of the deceased person. In some cases, the lawyer for someone who died in Arizona, or the executor of the estate or a personal representative may be able to file a wrongful death claim on behalf of the victim’s spouse, children, or parents.
Who Can Be Held Liable in a Wrongful Death Suit?
Generally, in wrongful death cases, the victim’s family will file a 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 accidental death 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 for monetary damages.
Vehicle Accidents
- At-fault driver
- Trucking company
- Loading company
- Parts manufacturer
- Government entity
- Employer of the driver
Workplace Accidents
- At-fault employee
- Employer
- Third-party contractors
- Parts manufacturer
Defective Product
- Product manufacturer
- Product distributor
Medical Malpractice
- Physician or nurse
- Hospital
- 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 the negligent party.
CASE RESULTS
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.
Consultation With an Experienced Attorney
It is important to seek legal counsel from 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.
Investigation
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.
Negotiations
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 to 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 can drag out the process hoping that you will become willing to accept a smaller offer based on the urgency of your need for compensation.
Reaching a Wrongful Death 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.
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 you may be entitled to.
Types of Damages You May Recover
Your Arizona wrongful death lawyer will calculate the damages in your claim carefully. This will ensure that you won’t accept an inadequate settlement. You may collect compensatory damages for some or all of the following:
- Loss of Companionship
- Loss of Service
- Burial expenses
- Mental anguish and emotional trauma
In a survival action in Arizona, the estate of the deceased can recover the following compensation that would likely be transferred to the heirs of the estate:
- Lost Wages and loss of future earnings
- Loss of benefits
- Medical expenses
We Can Defend Your Interests With the Insurance Company
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 can level the playing field.
Our legal team is very familiar with Arizona personal injury and wrongful death law and has years of experience negotiating and pursuing claims against insurers. We will fight aggressively to recover full and fair compensation on your behalf.
Contact an Arizona Wrongful Death Attorney Today
Zinda Law Group is dedicated to helping the families of wrongful death victims pursue the compensation they need to help them get back on their feet. During this very difficult time, our personal injury attorneys can provide you with compassionate service and aggressive legal representation.
Contact us today for a free consultation with one of our Arizona personal injury lawyers. There is no cost or obligation to learn more about how we may be able to help you. Our firm works on a contingency fee basis, so there is no out-of-pocket cost to secure the legal representation you need.
Reach out to us today and find out how Zinda Law Group can help.
Our Awards
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), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
