Someone passing away prematurely in an accident is always a tragedy, but learning that you lost a loved one specifically because of another person’s negligent or wrongful act can make this already tough situation exponentially more difficult to move past. Regardless of whether the person responsible for your family member’s death is criminally prosecuted for their actions, though, your best means of recovering financially for the losses their death will cause for you and your loved ones will generally be through civil litigation.
No amount of money can make up for a human life being unfairly cut short, but a dedicated Tolleson wrongful death lawyer with Phillips Law Group could work to ensure that your unjust loss does not have an overinflated impact on your family’s financial security and general well-being. From start to finish of your legal proceedings, your personal injury attorney will be able to decisively enforce your rights and tirelessly pursue the best case resolution possible on your behalf, even if they have to take your case to court to get it.
When Is It Possible to File a Wrongful Death Claim?
As established under Arizona Revised Statutes § 12-611, wrongful death litigation is possible whenever someone loses their life as a direct result of someone else’s negligence, professional malpractice, or intentional criminal act. Another way of thinking about this is that it is possible to file a wrongful death claim if the deceased person would have had standing to file a personal injury lawsuit on their own behalf had they survived their injuries.
Under Arizona Revised Statutes § 12-612, the right to pursue wrongful death litigation after a fatal accident or criminal act is reserved solely for the deceased person’s surviving spouse, child(ren), and/or parent(s) or guardian(s) in most situations. If the deceased person was a minor at the time of their death, both of that child’s surviving parents or guardians have equal legal standing to file suit for wrongful death.
If none of these parties survive to pursue such a claim, however, the right to file passes to the deceased person’s “personal representative,” which is typically someone nominated in the decedent’s estate planning documents to manage their affairs after their death. A Tolleson wrongful death attorney can go into further detail about these and other procedural rules as needed during a confidential consultation with a member of our team
Recovering for All Available Damages After a Wrongful Death
The purpose of a wrongful death claim is to compensate eligible surviving family members for specific losses they will experience as a direct result of their loved one’s premature death. Recovery for losses experienced by the decedent or their estate as a direct result of their fatal accident is recoverable as well through a similar but separate claim called a survival action.
Losses commonly incorporated into wrongful death litigation in Arizona include:
- Funeral and burial expenses
- Lost consortium for a spouse
- Lost value of future inheritance
- Emotional anguish and suffering
- Lost household services and assistance
- Any medical bills paid on behalf of the decedent
- Lost love, companionship, affection, and guidance
- Lost financial support from the decedent, including loss of benefits like health insurance
Once again, a wrongful death lawyer in Tolleson may be able to provide crucial help with identifying, evaluating, and proactively demanding compensation for all losses sustained by a particular family after this sort of tragedy.
Let a Tolleson Wrongful Death Attorney Help
No one should ever lose a family member because of another person’s actions, and anyone who has been through this unimaginable situation knows exactly how poor of a substitute money makes for a loved one’s life. That said, financial compensation is the only practical means by which you can be compensated for this sort of harm, and it can still play a key role in protecting your family’s well-being and best interests in the long term.
Assistance is available from a knowledgeable Tolleson wrongful death lawyer at our firm – someone with over 30 years of experience helping families just like yours. Call to discuss your options in a free, no-obligation consultation with a member of the team at Phillips Law Group today!
Available 24/7