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Phoenix Wrongful Death Lawyer

    Phoenix wrongful death lawyers represent people who have lost a loved one due to an accident. These cases are hard for both the client and the attorney. There is so much at stake. It’s not simply a matter of getting your family compensation for the loss of your loved one. It’s also about getting justice. Losing someone in a senseless accident can be devastating. It’s much harder than losing someone to old age or natural causes. This is mostly because the accident was likely preventable. When you learn who was responsible for your loved one’s accident, you’re going to be angry. The last thing you’ll want to learn is that you aren’t entitled to compensation for your loss. This is why it’s so important to meet with one of the experienced wrongful death lawyers at TorkLaw. They have the knowledge and skills necessary to get your family the justice they deserve.

    Arizona Law Defines Wrongful Death by Statute

    Arizona is like most other states when it comes to wrongful death. When someone is killed as the result of someone else’s negligence or intentional act, the victim’s family may have a claim for wrongful death. Death can be the result of an accident or a criminal act. Some of the more common causes of wrongful death include:

    • Car accidents
    • Dangerous drug
    • Product liability
    • Medical malpractice
    • Premises liability
    • Motorcycle accident

    Regardless of the cause, Phoenix wrongful death lawyers will fight to get your family the compensation you deserve. Of course, depending on the type of accident involved, your TorkLaw injury attorney will have to submit certain evidence to prove your case.

    Phoenix Wrongful Death Lawyers Understand What Damages Are Available Under Arizona Law

    In Arizona, there are two main types of damages in a wrongful death lawsuit. The first type involves damages that have been incurred by the victim’s estate. This includes things such as:

    • Medical Bills
    • Lost Income
    • Funeral and Burial Expenses
    • Property damaged or destroyed in the accident

    The second main type of damages include those suffered by the people left behind. This would include the victim’s spouse and children. These damages include the following things:

    • Loss of support and companionship
    • Any pain and suffering caused by the accident

    Your Torklaw wrongful death lawyer will work hard to get you as much money as possible. Keep in mind, you can only receive damages for losses you can prove.

    Who Can File a Wrongful Death Lawsuit in Arizona?

    The laws in Arizona limit who may sue for wrongful death. Phoenix wrongful death lawyers represent the party who is filing suit. In order to sue, that party must have something called standing. Standing simply means that you have the legal capacity to sue. In Phoenix, only the following people may sue under wrongful death:

    • The victim’s spouse
    • The deceased person’s children
    • The parents of the person who died
    • The personal representative of the victim’s estate
    • the personal representative of the estate of the victim’s spouse or child
    • The legal guardian of the decedent

    If you don’t fall into any of these categories, then you cannot sue for wrongful death. For example, if your fiancé passes away in an accident, you technically don’t have standing to sue. The only way you can do this is if you happen to be the personal representative of the victim’s estate. Even in this situation, while the fiancé may be able to sue, the damages received will go to the heirs of the decedent. If the fiancé isn’t named in the victim’s will, they will be entitled to nothing.

    Potential Outcomes in Your Phoenix Wrongful Death Case

    Phoenix wrongful death lawyers try very hard to settle their clients’ cases. They understand that nobody wants to go to trial. This is because trials can be very expensive. Your attorney at TorkLaw may have to hire expert witnesses. Not only do these witnesses charge a fee, but they may also require travel expenses. Trials can also be time consuming. By the time the court schedules all of the necessary hearings leading up to the actual trial, it could be over a year. And, by the time the trial is underway it can be even longer than that.

    This is why so many cases do settle. In fact, more than 95% of all personal injury cases settle at some point before trial.

    The possible outcomes of your Phoenix wrongful death case include:

    • Settlement without the need for a lawsuit
    • A settlement after suit has been filed but before trial
    • A settlement after trial has started
    • A decision by a judge or jury on the merits

    Just because your case doesn’t settle right away doesn’t mean it won’t happen eventually. In fact, some cases scheduled for trial actually settle before the trial date. Sometimes, it takes your TorkLaw attorney proceeding to trial to let the defendant know you’re taking the case very seriously.

    TorkLaw – Your Phoenix Wrongful Death Lawyer

    Phoenix wrongful death lawyers understand that there is nothing they can do to bring your loved one back. You need the time and space to properly grieve your loss. While you’re doing this, your Torklaw attorney will be working hard to prepare your case. The person who caused your loved one’s death needs to be held accountable. The only way to do this is to file a legal claim. Ideally, when you file your claim against the other party’s insurance company, it will be paid. If that’s the case, you should have your check within a week or two of the accident. However, if your claim is denied, you may need to take legal action.

    This is why it’s important that you call and speak with a licensed attorney at TorkLaw as soon as possible after your loved one passes away. Let them get started on your claim. They can try to negotiate a settlement with the insurance company so you don’t need to take legal action. If this isn’t possible, they’ll file a wrongful death lawsuit on your behalf. Call to schedule your free initial consultation today.

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