How an Arizona Wrongful Death Lawyer Can Help Ensure Your Recovery for Family Members, or Successfully Defend Against Large Defense Payouts.
Understanding Wrongful Death Suits in Arizona
Defective products will continue to occur even when consumers use the products as directed. Tragically, untimely consumer death can will continue to occur.
Getting justice for these deaths the result of calculated risks designed to release a product to the public, which only then causes serious injury or death to a consumer is the primary motivation expert Arizona wrongful death attorneys practice law.
A wrongful death action can take on many forms, and involve insurance companies, and even find responsible parties to be nursing home administrators for conduct that breached a duty of care to the elderly patients.
On the side of the responsible party after the death, there is a serious risk of making windfall payments to those not directly affected by the incident causing the wrongful death. And on the other side are despairing often helpless victims with no other person to confide in than their spiritual counselor or relatives.
Thanks to skilled and seasoned Arizona wrongful death lawyers handling cases involving criminal cases, nursing home neglect and fatal accidents caused by vehicle accidents, you can obtain justice.
The State of Arizona in an ordinary wrongful death claim has strategies of prosecution and defense worth considering. Please continue reading below.
What are the Elements of Successful Wrongful Death Lawsuit under Arizona Law?
In Arizona, on Nolo.com, wrongful death claims allow any victim who could have otherwise been, if living, able to bring a civil wrongful death suit against a person, corporation or city or state to sue on behalf of the decedent responsible for the person’s death. Arizona Revised Statutes § 12-611
In Arizona, the legislature has created the three most common kinds of wrongful death actions involve:
- Death of a person caused related to premise liability.
- Birth complications lead to death of the child.
- Breach of the duty of care, including gross negligence, or omission by another causes death. Arizona Revised Statutes § 12-611
According to Nolo.com, only those having a special relationship to the decedent or decedent’s estate can bring a lawsuit. This stems from the right the decedent has in being able to file a personal injury claim for injuries sustained but-for the death of the victim.
Three common forms of a wrongful death lawsuit relate to either:
- Beaches of the duty of care, or negligence, with causation resulting in death. (e.g. a vehicle accident, either car accident or truck accidents; defective products causing personal injury)
- Professional negligence (e.g. a patient dies after being substandard treatment by a doctor or nurse)
- Intentional acts (e.g. crimes committed against people)
Having an experienced attorney who can paint a picture to a jury that is both accurate and detailed is helpful. An effective presentation by a wrongful death lawyer can make a particularly guilty act by the individual, group or negligent party responsible for preventing the death seem more egregious than it actually is for the garnering sympathy from a jury to award greater damages.
For instance, through pre-litigation, certain negotiations and pleading forms skilled wrongful death trial lawyers routinely to present a case to a court before it reaches a jury, which, depending on the familiarity with the lawyer with the type of injury and precedent supporting recovery, can drastically affect the end-result.
What are the Time Limits and Procedure for Filing Scottsdale Wrongful Death Claim?
According to Nolo.com, it is imperative for a layperson to be familiar with the concept of “statutes of limitations,” defining when it is “too late” to bring a case which deprives a beneficiary, or loved one, of the right to pursue justice for their injuries.
According to Ariz. Rev. Stat. § 12-542 , there is a clear “two-year” time limit that a loved one has in a wrongful death case to bring a claim.
Although that is a rule of thumb, there are of course exceptions that a skilled and seasoned wrongful death lawyer would be able to detect and apply in your case.
According to the concept of “tolling,” as explained by experienced Phoenix-based personal injury case experts Hirsch Lyon Accident Law, a skilled lawyer may raise such a defense if any of the following is true:
- Surviving spouse is mentally disabled or incapacitated and hasn’t returned to good health and full capacity yet.
- The plaintiff’s delayed discovery of the injury stemming from the accident leading to the wrongful death.
- The loved one related to the victim is a minor, in which case the statute begins to run only after turning 18, giving two years from that date.
Statutes of limitations exist to ensure that evidence remains “fresh” such as when evidence proof of injury is stronger shortly after the death. This includes conditions that previously were considered dangerous, staleness of evidence, destruction of evidence or faulty recordkeeping. Ariz. Rev. Stat. § 12-542
Common Defenses Expert Phoenix Wrongful Death Lawyers Use In Many Wrongful Death Claims
According to the Arizona wrongful death specialist firms, notably, Phoenix Accident and Injury Law Firm, in addition to the statute of limitations, there are common defenses an responsible party can assert to minimize or completely avoid liability for deaths caused by another’s negligence or failure to act:
- Contributory/Comparative Negligence
- Assumption of Risk
- Pre-existing Injury
- Disclaimer or Release of Liability Waiver
Commonly, vehicle accidents and motorcycle accidents resulting in death, can be defended by invoking the notion that the deceased was partially to blame for the accident, has been fully informed of the risk leading to the accident and disregarded it anyways, had previous questionable behavior that cast doubt on the legitimacy of the current claims alleged against the individual defending against the claim, or have signed documentation to relieve the negligent party at some point before or during the claims filing process, although exceptions may apply even if such documentation was signed.
According to Nolo.com, when the wrongful death occurs as a result of a crime, the issue is not whether someone must serve jail time or a sentence, but only how much, if at all, the person has to pay to a surviving spouse bringing the wrongful death claim.
What makes defending a wrongful death claim particularly challenging can be the lack of an agreement of the standard of proof in the underlying criminal case, of “beyond all reasonable doubt,” that is a very high bar to clear—to “preponderance,” which means more likely than not. As a result, a skilled wrongful death lawyer or law firm would be able to remind the court, trial lawyers bringing suit and jurors involved not to confuse these standards to the expense of the person being sued.
Arizona wrongful death law requires a skilled advocate who can represent the deceased or decedent’s estate or person or government actor accused of wrongdoing with the resources and expertise to represent the victim’s surviving family members or the person or group responsible for the death.
Legal Advice: What Are The Types of Damages Surviving Family Members Can Expect to Recover In Legal Actions For A Wrongful Death Claim?
As in civil litigation such as personal injury and medical malpractice, there are nuances in how a victim’s injuries are framed. The distinction between what are called “economic” damages versus “non-economic” damages can shed light on the limits for beneficiaries, or family members, including adopted children, in their quest to seek justice for their lost loved one.
- Economic damages: amount of money that was spent on medical bills, including: medical expenses, burial expenses, funeral expenses and unpaid wages due to loss of being able to work, also known as earning capacity.
- Non-economic damages: an abstract and often inflated value a person places on the mental distress and mental anguish suffered after an accident. Despite popular belief under Arizona law, there is no “cap,” or limit, on the latter category of damages for claims brought against private individuals. Article 2, Section 31 of the Arizona Constitution
According to Nolo.com, damages in wrongful death cases in Arizona can’t simply be grouped as the cost of the harm suffered, but more accurately include:
- Potentially thousands of dollars based on not able to work anymore.
- The value of the deceased as a professional counselor or life coach to the survivors.
- Family suffering caused by the death of a loved one.
- Loss of a loved one’s presence, also known as loss of companionship.
- Lost property, or loss of inheritance, or land that would have belonged to the family member had the family member lived longer.
Based on the skill and years of experience of the Arizona wrongful death lawyer handling a victim’s case, a client can recover greater amounts if the lawyer stays up to date with the everchanging landscape of not only personal injury law, but negotiating with insurance companies and theories of indemnification and sovereign immunity, that shields certain government actors from liability, with some exceptions.
The Importance of Getting Legal Advice From A Skilled Phoenix Wrongful Death Lawyer To Recover Punitive Damages
Due to the pervasiveness of accidental death in society, it is important to have a skilled lawyer who can distinguish itself from others in the field.
Whereas a common personal injury lawyers may be generally knowledgeable about how to represent a given client, wrongful death lawsuits prosecuted and defended by wrongful death experts, will be familiar with the most recent decisions in insurance and tort law that affect how much of a recovery the injured victim is eligible to receive.
Many top-rated law firms specialize in wrongful death cases, including the national personal injury firm wrongful death firm at McDonald Worley, P.C., Phillips Law Group Injury Lawyers, among others in the Phoenix and surrounding areas, many offering a free initial consultation to get you through this difficult time of grief following an accident.
A wrongful death specialist will ask you, the client, questions to maximize the value of your case or minimize liability in exploring your legal options.
Good advice is to keep meticulous records of medical expenses and psychological treatment made to recover, or in the case of the one considered to blame, the costs to defend.
Forming an Attorney-Client Relationship: Have A Free Consult With A Wrongful Death Lawyer Today to Discuss Your Case and Odds of Recouping Medical Bills, Funeral Expenses In A Favorable Verdict Or Settlement!
Without a disclaimer, the attorney-client relationship forms upon consultation when you consider hiring the attorney. Failing to be adequately prepared can result in not being compensated for a serious injury with clear-cut liability, such as if the personal injury attorney is not particularly qualified in the particular case brought.
Likewise, this can result in excessive payouts for non-meritorious civil claims and in turn can cause a person or entire organization’s reputation to be sullied through the burden and expense of litigation.
Whether you are looking for a Phoenix wrongful death lawyer or legal team, Lawsuit.org will help you pinpoint the right one by offering a free consultation and testimonials to help you obtain the financial compensation you, the victim’s loved one, surviving spouse and personal representatives, deserve.