The unexpected loss of a loved one because of someone else’s negligence can have devastating effects on a family. Although filing a lawsuit may not be a top priority for grieving families, it may allow you to hold the negligent party accountable for the damages that have been caused.
The attorneys at Phillips Law Group have decades of combined experience pursuing fair compensation for those affected by negligence. We have represented more than 155,000 clients and secured over $750,000,00 in compensation. This includes a $4,000,000 award in a wrongful death case involving a defective tire and $3,100,000 for the family of a car crash victim.
Founder Jeffrey Phillips has obtained verdicts in several counties across the great state of Arizona. He is also a premiere member of the American Academy of Trial Attorneys.
Call 602-222-2222 today to set up your free consultation with a Yuma wrongful death lawyer. There are no upfront costs or fees associated with your initial consultation. We only get paid if we obtain compensation for our clients.
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Can a Family Member File a Claim?
There are certain people who have the right to file a wrongful death lawsuit in Arizona, and they are referred to as “distributees”:
- Husband or wife of the deceased
- Children of the deceased
- Parent of the deceased
- Legal guardian of the deceased
- Representative of the estate
Causes of Wrongful Death
When another’s carelessness or recklessness leads to death, there may be grounds for a wrongful death lawsuit. Examples of situations that could lead to a case could include:
- Car accidents: These accidents could be caused by many forms of negligence, such as drunk, drowsy or distracted driving, speeding, going the wrong way or breaking traffic laws.
- Medical malpractice: If the death of a patient was the result of a medical mistake by a doctor or medical service provider, the family may have grounds for a case.
- Work related incidents: Workplace deaths are more likely to happen in high-risk industries like construction or jobs that involve heavy machinery. If the employer failed to follow safety regulations, they could potentially be held liable.
The Yuma wrongful death lawyers at Phillips Law Group are experienced in carefully analyzing the details of an accident to determine the legal option that may be available.
Call us to set up your free legal consultation. 602-222-2222
Will I Be Able to Collect Financial Compensation?
There are generally two main types of compensation available in a wrongful death claim:
Direct Losses
This includes expenses from the funeral, including burial costs. Direct losses also include medical expenses, property damage and any lost wages.
Emotional Losses
These could include the family’s pain and suffering, lost companionship, alimony, and lost household income.
These losses may be governed by Arizona “Survival Laws.” The estate of the deceased can recover compensation for costs that may not have been recoverable if the victim lived.
According to Arizona § 12-613, any compensation received cannot be applied to debts, unless the case was filed on behalf of relatives of the estate.
Compensation from a wrongful death is usually not taxed, which you can read more about in this IRS publication.
How Much Time Do I Have to File a Wrongful Death Lawsuit in Arizona?
The wrongful death statute of limitations in Arizona is generally two years from the date of death. There are cases where the deadline is shorter or longer, but these are unique circumstances.
If you do not file before the statute of limitations runs out, your case may be dismissed. This is why we recommend contacting our attorneys quickly so we can determine if you have a case and when the statute of limitations runs out.
Call our Yuma wrongful death lawyers for answers to your questions. 602-222-2222
How Can Hiring a Lawyer Help?
Proving the victim’s death was the result of another party’s negligence requires an in-depth investigation. Our attorneys can handle this on your behalf, as we have the resources and experience to gather the evidence we need to build a robust case.
There are four elements of negligence that must all be proven:
- The at-fault party had a duty of care to the victim. In other words, the at-fault party did not take reasonable steps to prevent harm to your loved one.
- There was a breach of the duty of care. We must provide evidence the defendant did not act appropriately to uphold the duty of care.
- There was a direct correlation between the negligent act and the injury. There must be proof that the victim would not have suffered the fatal injury without the defendant’s actions.
- Damages exist and are directly related to the injury. There must be proof that the damages incurred are the direct result of the defendant’s negligent actions.
Our Yuma wrongful death lawyers can also handle insurance companies that get involved in the process. We have dealt with many insurance companies over more than two decades. We know how to defend our clients’ best interests throughout this process.
Contact a Yuma Wrongful Death Lawyer Today
Our attorneys are dedicated to protecting the rights of injury victims and their families after a significant injury or tragic loss that resulted from the negligence of another. We have a track record of recovering compensation for injury victims (more than $1 billion in over 27 years).
We have extensive resources we use to build strong cases for our clients, and if we find you have a case, we are ready to get started immediately.
We are ready to discuss your unique situation and determine the legal options that may be available. Your consultation is absolutely free, and there is no obligation to pursue a case. If we take your case, we will not get paid unless we win.
Free consultation. Call 602-222-2222 to learn more.