Was your loved one killed in a bad accident? If so, you and your family are likely dealing with terrible grief, immense trauma, and a lot of unanswered questions. A civil wrongful death claim is a tool to seek justice. Grieving families can hold the at-fault party legally responsible for a fatal accident. As these are complicated cases, you need reliable and experienced legal representation. Our Gilbert wrongful death attorney explains why it is so important to consult with a lawyer right away after your loved one’s fatal accident.
Be Proactive: Consult With a Wrongful Death Attorney as Soon as Possible
The loss of a close family member to an accident that never should have happened—one caused by another party’s reckless, careless, negligent, or even criminal misconduct—is a terrible tragedy. Family members often have a lot on their minds in the immediate aftermath of a fatal accident.
At the same, the legal process does not wait. You do not want to fall behind the defense or their insurance company. Consulting with a wrongful death attorney in Gilbert as soon as possible is vital. A lawyer can help preserve evidence—establishing the foundation of a strong case.
Your Lawyer Will Handle Legal Matters While You Focus on Grieving and Family
Losing a loved one is an overwhelmingly emotional experience. The unfortunate reality is that there is nothing that will ever truly be sufficient to make things right. No civil legal claim can bring your loved one back. At the same time, you and your family need justice, accountability, and the maximum financial compensation. An attorney can handle all of the legal matters related to your case while you focus on the healing process. Among other things, your Gilbert wrongful death lawyer can handle the investigation of the fatal accident, the filing of legal/insurance paperwork, and any settlement negotiations with negotiating with insurance companies. With the knowledge that your legal needs are being handled the right way, you can concentrate on grieving and being with your family during this difficult time.
An Overview of Arizona’s Wrongful Death Laws
A wrongful death claim is a civil cause of action. While there may also be a corresponding criminal case for certain types of wrongful death—such as if your loved one was killed in a DUI crash—that is certainly not always the case. Wrongful death cases in Gilbert and elsewhere in Maricopa County are handled under Arizona Revised Statutes § 12-611. Here are some of the key points to know about Arizona’s wrongful death claims process:
- Eligibility: Sadly, not every person who has a close relationship with the victim has the right to file a wrongful death lawsuit in Arizona. Wrongful death claims can be filed by the surviving spouse, children, parents, or the personal representative of the deceased’s estate. If the deceased has no surviving immediate family members, a wrongful death claim can be filed by the decedent’s legal heirs as defined under Arizona law. Notably, multiple eligible parties can join together to file a single wrongful death claim.
- Liability (Fault): Wrongful death claims are fault-based legal cases. In wrongful death cases, any party found to have contributed to the death through negligence, recklessness, or intentional misconduct can be held liable. Every fatal accident requires a thorough investigation. Arizona follows a comparative negligence system— liability is apportioned among all parties involved based on their degree of fault.
- Statute of Limitations: As with any type of legal claim, wrongful death claims are subject to a strict statute of limitations. You typically have two years from the date of your loved one’s death to file a wrongful death lawsuit. The time limit is strictly enforced. There are very few exceptions to the rule. For this reason, it is crucial to consult with a Gilbert wrongful death lawyer as soon as possible after a fatal accident.
- Damages: Financial compensation is the primary remedy in a civil wrongful death claim. Damages in Arizona wrongful death claims can include both economic and non-economic losses. Economic losses can include things like funeral and burial expenses, out-of-pocket medical bills, and loss of financial support. Non-economic damages—which make up the majority of the damages in most wrongful death cases—include things like loss of love, loss of companionship, and loss of parental guidance.
Contact Our Gilbert, AZ, Wrongful Death Attorney Today
At Free Injury Legal Advice, our Gilbert wrongful death lawyer is a compassionate, experienced advocate for justice. Your family needs strong legal representation. If you lost a spouse, child, or parent to a fatal accident, we are here to handle your legal needs. Reach out to us by phone or connect with us online for your no-cost, no-strings-attached case review. With an office in Gilbert, we represent grieving families in wrongful death cases in Maricopa County and throughout Arizona.