Tucson, AZ Wrongful Death Lawyers Helping Surviving Family Members File Wrongful Death Claims
Losing someone you love is devastating on its own, but it’s even worse when you realize that someone’s reckless or wrongful act caused unexpected death. Furthermore, as you start getting bills related to the death of your family member, your grief may turn to panic as you realize you cannot afford to pay much at all. This is why wrongful death claims exist, as you deserve all the compensation you can get when you’re still in mourning over a loved one’s death.
If you’re not sure how to begin a wrongful death claim, we encourage you to come to Milano Legal Group, PLLC. Our compassionate wrongful death lawyers understand that you’re feeling too overwhelmed and grief-stricken to have to deal with insurance companies and at-fault parties right now. Let our lawyers take on all the work for you, as we will use our legal knowledge to negotiate a fair settlement for your family after you’ve suffered financial and emotional damages. Contact our Tucson law office today to arrange for a free consultation with our lawyers.
What Are the Most Common Kinds of Wrongful Death Cases?
Regardless of how your loved one died, if it was due to the negligence of someone else, you might have a wrongful death claim to pursue. If you’re not sure, take a look at some of the most common types of wrongful death cases that Arizona law firms regularly handle:
- Auto accidents
- Workplace accidents
- Medical malpractice
- Pedestrian accidents
- Bicycle accidents
- Plane crashes
- Drowning
- Semi-truck accidents
- Defective products
If the circumstances of your loved one’s death aren’t listed here, you could still have a valid claim. You’ll need to talk to a wrongful death lawyer about what happened to find out if you can file a wrongful death claim with the insurance company of the liable party. Contact our law firm today to schedule a time to talk to our attorneys during a free consultation.
Who Can File a Wrongful Death Claim in Arizona?
You might have been very close to the decedent, but that doesn’t necessarily mean you can file a wrongful death claim after they’ve passed away. According to Arizona law, you must have a specific relationship with the deceased person if you want to take legal action on their behalf. Only the following eligible family members can file a claim for wrongful death in Arizona:
- Children
- Surviving spouse
- Parent or legal guardian of deceased children
- Personal representative of any of the above family members
- Personal representative on behalf of the deceased person’s estate
As such, you cannot file a wrongful death claim after losing your grandparents, siblings, cousins, aunts, uncles, best friend, or common law spouse. In addition, it’s important to know that the statute of limitations for wrongful death cases in Arizona is two years, so you must start the legal process no more than two years from the date of your loved one’s death. Otherwise, you could lose the right to bring legal action against the person responsible for the death of your family member.
If you meet these qualifications, the next step is to prove liability. This means you need to have reason to believe that a specific person was responsible for the death. Your wrongful death lawyer will need to prove this before you can get compensation, so your legal team will need to know why you believe the person in question should be held liable. If you have any photos, videos, witness statements, or other proof of your claims, you should let your lawyer know during your initial meeting so they can follow up on this evidence.
In particular, you and your wrongful death attorney will have to prove all the elements of negligence. This means the at-fault party had a duty of care to the deceased person, and the wrongful act they committed breached this, causing irreparable harm that included fatal injuries.
If you’re not sure how to go about proving the elements of negligence, that’s okay. Your wrongful death attorney will take on this task for you. All you need to do is schedule a free initial consultation with the wrongful death attorneys at Milano Legal Group, PLLC. They will take your case from there. If you have a strong wrongful death claim, your lawyers will start the legal process for you so that you can look forward to getting some financial support as you grieve your loved one.
What Economic Damages Can You Recover in Your Claim?
Economic damages are among the most important types of compensation you will seek in a wrongful death lawsuit. These damages are meant to help you pay for actual costs that you are facing or have already paid for as a result of the sudden death of your loved one. For example, you might have funeral expenses and burial costs to pay, as these necessities often cost thousands of dollars, and not everyone is financially prepared for them. When you file a wrongful death claim with the help of a skilled lawyer in Tucson, you can recover damages for these expenses.
If your loved one spent some time in the hospital before passing away, you can request financial compensation to pay for any unpaid medical bills. This may be especially important after a medical malpractice issue, where your family member might have been under the care of doctors for a long time before dying due to the negligence of the medical team. Another common reason for a wrongful death case due to medical malpractice is surgery that went wrong. Considering how expensive surgical procedures can be, you do not want to be left with the bill for surgery or related treatments, especially if you have reason to believe it’s what killed your family member.
Another type of compensation for which you can recover money is lost wages. If your husband or wife was the main income earner in your house, and you cannot get by financially without their salary, you can recover damages for lost income. This can help you pay your household bills for a certain period of time, giving you a chance to come up with a long-term solution for your finances. If the death of your husband or wife resulted in the loss of your health insurance coverage or other benefits, as well, you may be able to recover compensation for that.
An experienced wrongful death attorney will carefully examine your case and let you know what other economic losses you should seek compensation for. As long as it’s clear you’ve had financial losses from your loved one’s death caused by someone else, you and your household may be the beneficiaries of a wrongful death claim in Arizona. You can learn more during your free consultation at Milano Legal Group, PLLC.
What Non-Economic Damages Are You Entitled To?
Monetary damages are not the only damages you can seek when filing a wrongful death lawsuit in Tucson. Many wrongful death lawsuits also recover compensation for non-economic losses. These are meant to help beneficiaries cope with the emotional trauma that comes from a tragic event in which they lose a spouse, child, or parent due to the negligence of someone else.
Non-economic damages aren’t meant to pay for funeral expenses, medical expenses, property damage, or other monetary losses. They’re also not considered punitive damages that financially punish the person who caused the death. Instead, they’re meant to make up for the loss of quality of life someone experiences from the tragic event of losing their husband, wife, child, or parent. The money can allow beneficiaries to take extra time away from work to grieve longer or plan a family trip for bonding after a horrific death resulted in anguish for everyone. This type of compensation might include:
- Pain and suffering
- Loss of companionship
- Loss of guidance
- Loss of consortium
- Emotional distress
- Mental suffering
If you want to know more about what kind of damages you can get by initiating a wrongful death action with a local law firm, you should talk to a skilled personal injury lawyer who has experience with cases involving wrongful deaths. When you reach out to Milano Legal Group, PLLC, you will have the chance to discuss your legal issues with our caring, award-winning attorneys who have handled settlement negotiations with insurance for countless families. Contact us today to schedule your free case evaluation with a Tucson personal injury attorney who can take on your case with confidence.
Should You Hire a Personal Injury Lawyer?
If your loved one died due to someone else’s carelessness or negligence, and you’re wondering how you’re going to get by financially, you should consider filing a wrongful death case. Even if you’re not sure if you’ll qualify based on the circumstances of the event, you should let a personal injury lawyer take a look at what occurred.
Otherwise, you could end up missing out on the chance to get your damages covered by the at-fault party. The only thing worse than losing a loved one is struggling financially and emotionally afterward, so you should let our lawyers at least consider whether you have a valid wrongful death case to bring against an insurance company.
Our personal injury attorneys are knowledgeable about Arizona’s wrongful death statutes, including who is eligible to file a wrongful death lawsuit and what damages surviving families can seek. If we take on your case, you can breathe a sigh of relief as we work on gathering evidence to prove liability and add up all the damages you can pursue.
If you’re interested in getting monetary damages for everything from medical bills to pain and suffering after your loss, you’ve come to the right law firm. Our legal team will work tirelessly to prove that the person responsible for your loved one’s untimely death should pay for their actions via monetary compensation. You deserve to be able to mourn without worrying about how soon you must return to work to get the bills paid, so we urge you to come to our Tucson law firm for legal help. If you’re ready to schedule a free consultation with an experienced attorney, call us today at 855-545-1777.