Wrongful Death Attorneys in Tucson, AZ

A: In Arizona, a wrongful death occurs when a death is caused by the negligent actions, wrongful actions, or failures to act of another person or entity. Under A.R.S. § 12-611, when a person dies from injuries that would have supported the basis of a personal injury case if he or she had lived, a wrongful death action can be filed.

Wrongful death and personal injury cases are closely related. Both of these types of legal actions are filed when someone’s negligence or wrongful acts cause injuries and harm to others. In personal injury cases, the victim can ask to be compensated for the losses that he or she has suffered. In a wrongful death lawsuit, someone else is allowed to take the place of the deceased victim to recover compensation.

A: Most states limit the parties who can file wrongful death claims. In Arizona, the parties who are allowed to file wrongful death claims are listed in A.R.S. § 12-612. Under this statute, the right to file a wrongful death claim depends on the relationship that the prospective plaintiff had with the victim. The following people may file wrongful death claims in Arizona:

• The decedent’s surviving spouse
• The decedent’s surviving child
• The decedent’s surviving parent(s) or guardian
• The personal representative of the decedent’s estate or the personal representative of a deceased spouse’s, child’s, parent’s, or guardian’s estate

When the victim is a child, either parent or the legal guardian can file a wrongful death lawsuit.

A: Depending on the circumstances, the state may file criminal charges against someone who wrongfully causes the death of another person. For example, a drunk driver who causes a fatal accident may face criminal charges as a result. Criminal cases are filed by prosecutors, who are tasked with presenting evidence against the defendants to secure a finding of guilt. Since criminal convictions can result in sentences to prison and a loss of liberty, the burden of proof required of criminal prosecutors is much higher than the burden of proof that is required in civil wrongful death actions.

Prosecutors must prove the guilt of defendants beyond a reasonable doubt. By contrast, plaintiffs in civil wrongful death lawsuits must prove their claims by a preponderance of the evidence. While only the state can file criminal cases, civil wrongful death actions can be filed by any of the parties who are allowed to do so under state law.

When a plaintiff wins a wrongful death case, the defendant will not be sentenced to jail and will instead have to pay monetary damages. Since wrongful death lawsuits fall under civil law, they can be filed even when criminal cases are pending against the defendants for the same incidents. Because of the lower burden of proof, it may be possible to win a wrongful death case and hold the defendant accountable for his or her actions even if he or she is found not guilty in the corresponding criminal case.

A: Before you file a wrongful death lawsuit, you will first need to figure out if you are eligible to file the claim. The wrongful death attorneys at Lamber Goodnow can review what happened and the relationship you had with the victim to help you to determine whether you have grounds to file a wrongful death lawsuit. A lawyer will also check the statute of limitations to make sure that your claim is not time-barred.

If you are eligible to file a wrongful death lawsuit, your lawyer will help you to draft the civil complaint and file it in the court with the proper jurisdiction. After your lawsuit is filed, you will need to serve a copy of it with the summons to the defendant. The defendant will then have time to file his or her response. Once everything is filed, your wrongful death action will commence.

A: As a plaintiff in a wrongful death lawsuit, you will need to meet the same burden of proof that the victim would have had to meet if he or she had survived. Wrongful death claims have four common elements that must be proven before you can prevail. You will have to prove each of these elements by a preponderance of the evidence to prevail in your claim and recover monetary damages:

• The defendant owed the deceased victim a duty of care.
• The defendant’s actions breached the duty of care.
• The defendant’s breach of the duty of care caused the victim’s death.
• The plaintiff suffered quantifiable losses as a result.

A wrongful death claim requires that the victim’s death was caused by the negligent, reckless, or wrongful actions of the defendant. If your loved one’s death was purely accidental and was not caused by the negligent or wrongful actions of another person, you will not have grounds to file a wrongful death claim. Your loved one’s death must also have resulted in quantifiable damages. For example, if your loved one was hospitalized and incurred medical expenses before succumbing to his or her injuries, those are quantifiable damages since the bills will be paid by the estate.

To prove each of these elements in a wrongful death lawsuit, you will need to present strong evidence. The wrongful death lawyers Tucson at Lamber Goodnow regularly complete thorough investigations to uncover important evidence. They also work with experts to help to prove what happened. Working with an attorney can help you to build your case based on the provided facts.

A: Arizona sets a time limit for filing civil lawsuits involving personal injury or death. This limitation period is designed to keep people from filing lawsuits years after the accidents and injuries or deaths occurred. The idea is that it would not be fair for potential defendants to go throughout their lives with the threat of potential legal actions hanging over their heads.

Under A.R.S. § 12-542, the statute of limitations starts to run on the date of your loved one’s death. You have two years to file a lawsuit from this date.

A: Wrongful deaths may happen in a broad variety of circumstances. Regardless of what type of action resulted in the wrongful death of your loved one, you will still have to prove the basic elements that were previously described. Some of the most common causes of wrongful death claims include the following:

• Car, truck, and motorcycle accidents
• Bicycle and pedestrian accidents
• Nursing home abuse and neglect
• Birth injuries
• Work injuries
• Product defects
• Medical malpractice
• Swimming pool accidents
• Premises liability cases
• Criminal actions

A: Every wrongful death lawsuit is different. Wrongful death attorneys cannot give you a guarantee about what you might recover in a wrongful death lawsuit. Each case has a unique set of parameters, making it impossible to calculate an average expected amount for wrongful death claims. Your attorney will need to review all of the facts and evidence to give you a rough idea of how much you might expect to recover. This will require work, and you shouldn’t expect to receive a quote over the phone.

A: In a wrongful death case, the damages are normally divided between the losses suffered by the deceased victim’s estate and the losses that have been suffered by the family members. Damages that are awarded to the deceased person’s estate will be distributed to his or her heirs. These damages include the following types:

• Funeral costs
• Burial expenses
• Medical expenses incurred for treating the deceased person from the time of the accident until his or her death
• What the deceased person would have likely earned in income if he or she had survived
• Property losses
• The deceased person’s physical pain and suffering from the accident until he or she died

Damages that are normally paid directly to the family members include the following types:

• Emotional distress for family members who witnessed their loved one’s death
• The lost value of services that the victim performed for the household
• Loss of consortium and guidance

The specific types of damages that might be available will depend on who is filing the claim. For example, if the estate is pursuing the wrongful death claim, it would not be able to recover damages for loss of guidance or consortium. If the surviving spouse or child of the deceased victim files the claim, these types of damages may be available. Damages that are recovered in wrongful death claims in Arizona are distributed to the family members proportionately for their losses. Finally, if the defendant’s actions were particularly outrageous, punitive damages may be available.

A: It is a common misconception that you must have a substantial amount of money set aside before you can hire a wrongful death lawyer to handle your claim. However, most attorneys who accept wrongful death cases offer to represent people on a contingency basis. With this type of fee agreement, you do not have to pay a retainer or your attorney’s fees until and unless your lawyer recovers compensation for you through a settlement or trial. The wrongful death attorneys at Lamber Goodnow also offer free initial consultations so that you can meet with a lawyer to learn about your claim and the options that you have.

If you win your claim, your attorney will take a percentage of your total settlement or verdict award for payment of his or her legal fees and costs. Since wrongful death cases are frequently complex, hiring an attorney to represent you might increase the likelihood that you will succeed with your claim. Hiring an attorney might also help you to recover a greater amount of compensation than you might otherwise expect, making his or her fees worthwhile.

When you meet with an attorney, he or she will carefully analyze the facts and circumstances to determine the legal merits of your case. By using a combination of legal skills, knowledge, and hard work, your attorney may help to make your case much stronger so that you can recover full compensation for all of your losses.