Blog Post

When Would I Need a Wrongful Death Attorney?

Oct 25, 2021

The untimely death of a loved one is a traumatic experience for most people. Wrongful death is one that could have been avoided but occurs due to the negligence or wrongful actions of an individual, hospital, or company.

For example, an employee working for a construction company is asked to install windows, but during the process, he falls five stories and dies. Investigations reveal that his safety harness was defective, and the company had never checked this piece of equipment before. Or a young mother was standing at the crosswalk waiting for the signal to cross and a motorist who was texting crashes into her, killing her instantly. 


In both these cases, the deaths are preventable. This is known as
wrongful death, and it can be devastating for the family.  If the person who was killed was also the sole wage earner for the family, the situation becomes even worse.  You need to contact a wrongful death attorney now.


Other than the financial losses, wrongful death can, obviously, be emotionally devastating to the surviving loved ones. If a parent is killed because of the negligent actions of another person, the children not only have no financial support but will have no one to look after them or guide them in life. 


It goes without saying that no amount of money can compensate for the loss of a loved one; however, through a civil action, the survivors can claim economic damages to ease the financial stress caused by the death.  You need to contact a wrongful death defense attorney right now.


Wrongful Death Causes


There can be many instances of wrongful death and they include the following:

  • Auto accidents are perhaps the most common
  • Birth injuries
  • Boating accidents
  • Criminal assault
  • Fatal dog bites
  • Medical errors (the most common is an adverse reaction to medications)
  • Motorcycle accidents
  • Nursing home abuse
  • Slips and falls
  • Swimming pool accidents
  • Train accidents
  • Truck accidents
  • Workplace injuries


In Arizona, the most common cause of wrongful death incidents is an
auto accident.  It is also the leading cause of wrongful death in the United States, simply by the mere fact that so many of us drive cars every day. 


Accidental poisoning is the second leading cause, followed by slip and fall accidents.  A wrongful death attorney can help you navigate through the litigation process.


Who Can File a Wrongful Death Lawsuit in Arizona?


In general, when an Arizona resident dies, he or she may have left a will that will reveal the beneficiaries; hence, these individuals can file a claim under the wrongful death
statute in Arizona. If there are many beneficiaries, one individual may file the wrongful death on behalf of the rest of the beneficiaries. 


At the same time, the personal representative may also file a wrongful death claim on behalf of any surviving members who are not listed as beneficiaries. A wrongful death defense attorney can help guide you through the process.  Under the Arizona wrongful death statute, the following individuals can legally file a wrongful death claim:

  • The deceased’s spouse
  • A child or children of the deceased
  • The deceased’s parents or guardian(s)
  • The deceased’s personal representative (or executor)


Under Arizona law, children of any age are allowed to recover compensation for lost services and support as well as future financial support. In addition, survivors can also recover compensation for any pain and suffering as a result of the death.


When Should the Wrongful Death Claim Be Filed?


In Arizona, the
statute of limitations for filing a wrongful death claim is two years from the date of the death. If the wrongful death claim is not filed during this time, then the courts will permanently reject it. 


The only time when there is an exception to the statute of limitations for filing a wrongful death claim is following a homicide. The reason is that homicide cases often take time to resolve, and the guilty party may not be apprehended for many years.


How Much Compensation Typically Results From a Wrongful Death Lawsuit?


The survivors of the decedent may be entitled to the following damages:

  • Medical and funeral expenses.
  • Pain and suffering
  • Loss of companionship, guidance, and instruction
  • Loss of potential earnings as a result of the death
  • Loss of security and protection


Compensatory and Punitive Damages


In the majority of cases, wrongful death claims compensate the survivors both emotionally and financially. These compensatory damages are awarded to repay the family for all the costs related to loss of income of the deceased, medical expenses, funeral, and death expenses. Survivors may also be entitled to pain and emotional suffering caused by the death and loss of companionship.


In addition, in Arizona, the courts may also award
punitive damages to the survivors if the negligent party acted recklessly, intentionally, or was grossly negligent. The punitive damages are intended to punish the defendant as well as discourage others from similar actions in the future. 


What are the Key Elements of a Wrongful Death Claim?


To file for a wrongful death claim, the following elements are necessary:

  • An individual has been killed as a result of the actions of another person, company, or workplace
  • The death was due to negligence or an intentional act
  • Survivors have been harmed by the loss of their loved one
  • The survivors have endured financial losses as a result of the death of their loved one


After the above elements have been established, the will of the decedent is read to determine if he or she had beneficiaries and a personal representative is appointed. This individual will identify all the survivors, as well any financial losses that they have incurred as a result of the death, and then a wrongful death claim is filed.


Does a Wrongful Death Claim Always Go to Court? 


After the information is collected regarding the cause of death, the wrongful death attorney will
send a demand letter for damages to the defendant or his insurer. The two sides will try and settle the case out of court in most cases. 


However, if that fails, then the case may go to trial. The settlement process will continue even until the day of the trial.  The reason is that settlement between the two parties is a faster and less expensive route compared to going to trial. 


The trial can take several years because of court congestion, and, with the lingering pandemic, courts are more congested than ever.


How Long Does it Take to Resolve a Wrongful Death Case?


Wrongful death cases can be complex, and it may take months to resolve them. If the case is straightforward and there is obvious negligence or carelessness on the part of the defendant, the case can be resolved typically in 6-9 months. However, if the case goes to trial, it may take a few years to conclude. Fortunately, most wrongful death cases are resolved following a settlement usually within 12 months.


What is the Lawyer’s Fee for a Wrongful Death Case?


Most wrongful death defense attorneys do not charge any money upfront. They work on a contingency basis, which means they only get paid if they win the case. The contingency fee may vary from 25%-33% of the recovered damages.


Conclusion


If someone in your family has been killed as a result of the negligent actions of another party and you want to file a
wrongful death claim, consult with a personal injury lawyer. The important thing to know is that there is a strict statute of limitations for filing the claim. 


The lawyer can assess your case and determine the merits, the consultation is free, and you are free to ask any questions.  The
Law Offices of Richard A. Gullette know that experience matters.  Rick has more than 30 years of experience and is ready to work directly with you through every stage of the process to ensure your claim is settled. 


Call Rick today at 1-602-230-2916.

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Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner. In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney. Empathy and Compassion: When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights. 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You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case. Amicability/Approachability: Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to. You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you. Integrity: Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews . You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion. Recommendations: Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer. Time: You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish. The Right Rapport: Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months. 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Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask: Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process. What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury. Has the attorney undertaken a similar case before and how much experience does the lawyer have? Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case. Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client. Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit. What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case. How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first. If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation. How Much Compensation Can You Expect? The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation: Lost wages Medical bills Pain and suffering Loss of companionship If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona. Conclusion It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through. Reach out to us today , and let's start a conversation. 
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