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Wrongful Death

When one party causes injury to an individual, the injured victim can recover for their losses by filing a personal injury claim. The situation can become complicated, however, if a victim tragically dies from their injuries, as a deceased person clearly does not have the ability to file a legal claim. For this reason, Arizona law provides legal recourse in the event of a death by creating an action for wrongful death.

WHAT CONSTITUTES WRONGFUL DEATH?

A wrongful death occurs if the death is caused by another party’s negligence, carelessness, or intentionally wrongful act. Wrongful deaths commonly result from the following:

  • Motor vehicle accidents
  • Falls
  • Workplace accidents
  • Defective or dangerous products
  • Dangerous property hazards
  • Fires
  • Medical malpractice
  • Violent acts

In order to prevail in a wrongful death lawsuit, the surviving family members must present sufficient evidence to prove that the responsible party had a duty of care and failed to abide by that duty. For example, a driver has the legal duty to drive in a manner that is reasonably safe for the road, traffic, and weather conditions.

If a driver is speeding in the rain, driving aggressively, texting and driving, driving under the influence, or engaging in any other potentially dangerous behaviors, they can be held liable for any deaths that result from a collision.

WHEN CAN YOU FILE A WRONGFUL DEATH CLAIM?

Following a sudden, tragic death, it is only natural that family members would want to take the time to grieve and put back together the pieces of their lives. However, it is important to realize that there is not an unlimited amount of time to file a wrongful death lawsuit. Arizona law sets out a two-year deadline, and in some cases a one-year deadline, for wrongful death actions, which is called the “statute of limitations.” This deadline is two years from the date of the death–not the date of the incident that caused the death. Therefore, if a victim spent six months in the hospital following a car accident before they succumbed to their injuries, the clock starts running on the date they passed away.

While two years may seem like a long time, filing a successful wrongful death claim requires extensive and often complex preparation. Therefore, it is important to give a wrongful death attorney enough time to fully investigate the circumstances surrounding a death, identify the correct negligent parties, gather evidence, and skillfully draft a lawsuit, if necessary. If you suspect you have a possible wrongful death claim, you should consult with a lawyer as soon as possible so they can begin working on your case.

WHO CAN FILE A WRONGFUL DEATH CLAIM?

Not every loved one has the right to file a wrongful death claim as the law specifically identifies the parties who can recover for a wrongful death. Under Arizona law, the following surviving family members are the only ones eligible to do so:

  • Spouse
  • Parents
  • Children

REASONS FOR FILING A LAWSUIT

There are many different reasons why family members would want to seek a wrongful death claim, including financial compensation and a sense of justice for their loss. Some losses that may be compensated if you prevail in a wrongful death case include:

  • Lost financial support and earning capacity of the deceased
  • Lost services and support the deceased would have provided
  • Lost comfort and companionship
  • Emotional and mental pain and suffering, distress, and anguish of the surviving family members

Because many of these losses cannot be objectively quantified, the amount available for recovery in a wrongful death action can vary significantly from case to case.

THE EXPERIENCED WRONGFUL DEATH ATTORNEYS AT RUDOLPH & HAMMOND CAN HELP

If you have had a loved one die as a result of someone else’s negligence, please do not hesitate; call our office, and we will speak to you the same day about scheduling a consultation. You have many things to worry about, but our fee will not be one because we work on a contingency fee basis only. At Rudolph & Hammond, our client’s welfare comes first – we accept no fee for helping you unless we win for you!

Wrongful Death

When one party causes injury to an individual, the injured victim can recover for their losses by filing a personal injury claim. The situation can become complicated, however, if a victim tragically dies from their injuries, as a deceased person clearly does not have the ability to file a legal claim. For this reason, Arizona law provides legal recourse in the event of a death by creating an action for wrongful death.

WHAT CONSTITUTES WRONGFUL DEATH?

A wrongful death occurs if the death is caused by another party’s negligence, carelessness, or intentionally wrongful act. Wrongful deaths commonly result from the following:

  • Motor vehicle accidents
  • Falls
  • Workplace accidents
  • Defective or dangerous products
  • Dangerous property hazards
  • Fires
  • Medical malpractice
  • Violent acts

In order to prevail in a wrongful death lawsuit, the surviving family members must present sufficient evidence to prove that the responsible party had a duty of care and failed to abide by that duty. For example, a driver has the legal duty to drive in a manner that is reasonably safe for the road, traffic, and weather conditions.

If a driver is speeding in the rain, driving aggressively, texting and driving, driving under the influence, or engaging in any other potentially dangerous behaviors, they can be held liable for any deaths that result from a collision.

WHEN CAN YOU FILE A WRONGFUL DEATH CLAIM?

Following a sudden, tragic death, it is only natural that family members would want to take the time to grieve and put back together the pieces of their lives. However, it is important to realize that there is not an unlimited amount of time to file a wrongful death lawsuit. Arizona law sets out a two-year deadline, and in some cases a one-year deadline, for wrongful death actions, which is called the “statute of limitations.” This deadline is two years from the date of the death–not the date of the incident that caused the death. Therefore, if a victim spent six months in the hospital following a car accident before they succumbed to their injuries, the clock starts running on the date they passed away.

While two years may seem like a long time, filing a successful wrongful death claim requires extensive and often complex preparation. Therefore, it is important to give a wrongful death attorney enough time to fully investigate the circumstances surrounding a death, identify the correct negligent parties, gather evidence, and skillfully draft a lawsuit, if necessary. If you suspect you have a possible wrongful death claim, you should consult with a lawyer as soon as possible so they can begin working on your case.

WHO CAN FILE A WRONGFUL DEATH CLAIM?

Not every loved one has the right to file a wrongful death claim as the law specifically identifies the parties who can recover for a wrongful death. Under Arizona law, the following surviving family members are the only ones eligible to do so:

  • Spouse
  • Parents
  • Children

REASONS FOR FILING A LAWSUIT

There are many different reasons why family members would want to seek a wrongful death claim, including financial compensation and a sense of justice for their loss. Some losses that may be compensated if you prevail in a wrongful death case include:

  • Lost financial support and earning capacity of the deceased
  • Lost services and support the deceased would have provided
  • Lost comfort and companionship
  • Emotional and mental pain and suffering, distress, and anguish of the surviving family members

Because many of these losses cannot be objectively quantified, the amount available for recovery in a wrongful death action can vary significantly from case to case.

THE EXPERIENCED WRONGFUL DEATH ATTORNEYS AT RUDOLPH & HAMMOND CAN HELP

If you have had a loved one die as a result of someone else’s negligence, please do not hesitate; call our office, and we will speak to you the same day about scheduling a consultation. You have many things to worry about, but our fee will not be one because we work on a contingency fee basis only. At Rudolph & Hammond, our client’s welfare comes first – we accept no fee for helping you unless we win for you!

 

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Call 480-951-9700 and let us answer your questions and help with any concerns you may have about your specific case.

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