Phoenix Wrongful Death Lawyer
Sometimes accidents result in more than injuries. They result in the tragic death of the victim.
A wrongful death is any death that comes about as a result of someone else’s negligence. It’s like a personal injury case, only instead of the injured person getting compensation for medical bills, lost wages, pain, and suffering, certain parties get compensation for the loss of their loved one’s services and companionship, as well as for funeral expenses, and for any medical bills incurred while trying to save their loved one’s life.
We know, of course, that money can’t bring your loved one back. Yet it can help your family stay afloat financially.
The team at Tony Merchant and Associates is here to help you get the support you need while you grapple with your loved one’s death. Let us help you make your claim and win your case.
Who can file for wrongful death in Phoenix?
The spouse, parent, or child of the wrongfully killed party may make a claim. Keep in mind only one claim may be made, so anyone who is eligible needs to be on the claim when it is filed, and you should expect the award to be shared by you and fellow claimants.
Wrongful death lawsuits may also be brought by an authorized representative of an estate when the estate itself is suing.
You must act fast if you’re going to make a wrongful death claim. While the statute of limitations is 2 years there are certain requirements for serving notice. For example, if the defendant is a public entity then you must file the Notice of Claim within 180 days of the death of your loved one. It’s important to act fast.
How do you prove wrongful death?
There are a few things your attorney must establish to prove you have a wrongful death case.
First, that someone had a duty of care to your deceased loved one. That person was supposed to do something or refrain from doing something. In a car accident case the driver had a duty to obey traffic laws, to drive attentively, and to prevent accidents. In a product liability case, the provider of the product had a responsibility to produce that product safely.
Second, the person who caused the accident failed to fulfill that duty, and in so doing, caused an accident. That accident was the direct cause of your loved one’s death.
Finally, the attorney must show that your family has been damaged by this loss. You’ve lost either a source of income or a source of family services. You’re bereaved and you’re now going through enormous amounts of mental and emotional pain. You’ve lost that person’s companionship, future income, and guidance. Arizona law allows us to put those losses into hard monetary terms so that they may be repaid.
Why Tony Merchant and Associates?
Take advantage of 30+ years of experience in personal injury law. Work with lawyers who care about you and your losses. We’re responsive professionals who will fight hard to bring your case to a favorable conclusion.
Book a no-obligation case consultation today. Click here to get started.