The passing of a loved one is never easy. If, however, the death was due to the negligence of another, it may be even harder to accept. Though no amount of monetary compensation can bring back your loved one, you may want to consider filing a wrongful death claim with help from a personal injury lawyer.
If you believe that the death of your loved one was due to another’s negligent actions, the wrongful death lawyers of Zinda Law Group can investigate the specifics surrounding your loved one’s death and help you learn more about your legal options.
With our experienced attorneys, you will be provided with competent legal advice and representation. Our team of legal professionals will work tirelessly to make sure that you receive the compensation that is rightfully yours.
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Send Request NowWhat Is a Wrongful Death Claim?
According to Arizona’s wrongful death statute, a “spouse, child, parent or estate of a decedent may bring a wrongful death action if an act or omission that would justify a personal injury lawsuit causes the death of a family member.”
This simply means that if the deceased person could have filed a personal injury lawsuit if he or she was still alive, a spouse, child, parent, or estate of the deceased family member could file a lawsuit on behalf of him or her.
In certain situations, a wrongful death claim may be based on strict liability. Strict liability means that the party responsible for the accident may be at fault even if he or she may not have been negligent or intended to cause the accident. An example of a situation in which strict liability applies is for death caused by a defective product.
For a free legal consultation with a wrongful death lawyer serving Phoenix, call 800-863-5312
Should I Get a Wrongful Death Lawyer?
Because the laws governing wrongful death claims can be complex, you may wish to hire an experienced wrongful death lawyer. Not only will an experienced wrongful death lawyer relieve you from having to deal with the legal intricacies, but you will also have more time to grieve and spend time on things that really matter.
Furthermore, having a lawyer may give you greater leverage when dealing with parties responsible for the death of your loved one.
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Common Wrongful Death Causes
A wrongful death may occur for a variety of reasons. Some of the most common are:
Car Accidents
According to the Arizona Department of Transportation, around 130,000 motor vehicle accidents occurred in 2018, with around 1,000 fatalities. Though auto accidents occur for many reasons, nearly all of these reasons have something to do with the negligent behavior of a driver.
For instance, many car accidents occur due to a driver who is under the influence of alcohol. Though Arizona law prohibits drivers from drinking and driving, drunk driving accidents are common. If a driver who drives under the influence ends up killing another driver or a pedestrian, the victim’s family member may be able to sue the driver with help from a Phoenix wrongful death lawyer.
Truck Accidents
Employers of truck drivers may choose not to train or even vet their drivers in order to save time and money. As a result, some truck drivers operate their vehicles carelessly, which leads to tragic collisions. When a company’s fleet of trucks is improperly maintained, it may be responsible for fatalities.
Multiple responsible parties can be involved, so it is best to work with a wrongful death attorney in Phoenix to ensure that all liable parties can be held accountable.
Workplace Accidents
Workers’ compensation statutes in Arizona generally preclude employees and their families from suing their employers for damages after an accident on the job.
For example, if the workplace was so unreasonably dangerous that it was negligent to allow people to work there, the employer may be liable for damages beyond those covered by workers’ compensation.
Family members of a deceased worker may also take legal action against third parties, such as the manufacturer of a defective product that caused their loved one’s death. If you believe your loved one’s workplace injury could have been prevented, a Phoenix wrongful death attorney may be able to help
Medical Malpractice
The patient’s family members may be eligible to file a medical malpractice lawsuit if the patient dies as a result of medical carelessness. For instance, a physician might misdiagnose a patient, leading to the patient obtaining the incorrect and possibly hazardous treatment.
Additionally, a patient could sustain lifelong harm as a result of surgical errors. In other instances of medical negligence, death may occur. In certain situations, the patient’s family may file a lawsuit to demand compensation from the negligent party.
Defective Products
Not all mass-market products undergo rigorous testing. A fatal outcome is possible when using a defective product. Take the case of a consumer who buys an electronic device only to perish when using it because of a fire caused by defective wiring.
It’s not just electronic items that pose a risk of death to consumers. Death can also be caused by malfunctioning airbags or medical devices. Members of the family may file a lawsuit against the manufacturer of the dangerous product.
Though you may be offered a settlement by an insurance company, it’s still a good idea to work with a personal injury lawyer. Your attorney can negotiate and ensure that you don’t accept an undervalued settlement amount.
Premises Liability
Numerous regulations mandate that property owners and landlords ensure the safety of their tenants and customers. However, many examples involve property owners’ negligence which results in the deaths of guests or occupants.
A landlord could be held liable for a tenant’s death if, for instance, the landlord failed to provide adequate illumination on the staircase. A wrongful death lawyer in Phoenix can assist surviving loved ones in taking legal action against the property manager or owner in such a circumstance.
This list is certainly not exhaustive. Construction accidents, boating accidents, motorcycle accidents, and pedestrian accidents are all commonly cited in wrongful death actions. Regardless of what caused an untimely death, a wrongful death lawyer in Phoenix can help you determine if you have valid legal grounds to file a lawsuit.
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Possible Compensation from a Wrongful Death Suit
Two general categories of financial compensation are available in a claim for damages: economic and non-economic.
The first category includes compensation for losses includes:
- The value of financial support family members would have received if the deceased individual were still alive
- The value of household services the deceased would have contributed to if he or she was still alive
- Funeral expenses
- Burial costs
- The deceased’s wages and benefits
The second category includes monetary damages to compensate for:
- Loss of companionship
- Emotional trauma
- Other intangible losses
Though your loved one’s death may have been caused by another person’s reckless behavior, the burden of proof lies on you. Because of this, it is important to work with a Phoenix wrongful death attorney when filing a civil lawsuit.
Statute of Limitations
Every state places a statute of limitations, or time limits, on lawsuits. In Arizona, if you wish to file a wrongful death claim, you have two years from the date of death of your loved one to file the claim. Be sure to note that you have two years after the death to file a claim.
If your loved one suffered injuries from a car accident but did not succumb to his or her injuries until a year after the accident, you have two years after the actual death to file a lawsuit, not from the date of the car accident.
An experienced Phoenix wrongful death attorney may help you determine when the statute of limitations period started running and ensure that you file your lawsuit before time runs out.
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Contact a Phoenix Wrongful Death Law Firm Today
An accidental death can turn your life upside down. During this difficult time, your wrongful death attorney in Phoenix can guide you through the legal process and lend clarity to a complex situation. We work to get you the compensatory damages you are rightfully owed.
If you’re looking for legal representation in a wrongful death litigation, the Phoenix lawyers at Zinda Law Group may be able to help. This trying moment shouldn’t be something that you and your family must endure on your own.
Our legal team works on a contingency fee basis because we believe that after an accident, you shouldn’t have to worry about finding the money to secure legal counsel. Unless we prevail in your lawsuit, you owe us nothing.
Call us right away for a cost-free, no-obligation consultation.
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), 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
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