Wrongful Death Lawyer Phoenix AZ
When a family member is killed as the result of another person’s negligence, it may be appropriate to consider hiring a wrongful death lawyer Phoenix AZ to investigate and pursue the case.
Was there negligence, how could the tragedy have been prevented? What are the losses and damages to the decedent’s survivors?
The attorney should have the necessary experience, resources and commitment to competently represent the interests of the survivors and deal with the other party’s insurance company. Litigation may be necessary to obtain the best possible result.
In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child or parent of the decedent, on behalf of the spouse or children, or parents of the decedent.Under A.R.S. § 12-613 the amount of damages that a surviving spouse, parent or child may recover will vary from case to case, there are many variables.
Damages that are considered may include the following:
•The loss of love, affection and companionship since the death of the decedent and in the future.
•Pain, grief, sorrow and mental suffering experienced since the death, and in the future.
•Lost income as a result of the death.
Examples of cases handled include the following.
A Tempe bar on Mill Avenue overserved a customer, who crashed his motorcycle, a passenger was killed. I represented the decedent’s mother in a wrongful death lawsuit against the drunk driver and the bar. In another case a college baseball team van overturned, following a tire blowout, a passenger was ejected and killed. A wrongful death lawsuit was litigated against various parties, for improper maintenance of the vehicle, and there were also claims against a tire manufacturer.
Another wrongful death case involved a motorcyclist who proceeded northbound on Tatum and Lincoln Drive, in Paradise Valley. A driver proceeded southbound and made a left turn, a fatal collision occurred. I represented the children of the decedent in their claims against the other driver’s insurance carrier.
You should ask if the attorney is Certified as a Specialist in Personal Injury and Wrongful Death, by the State Bar of Arizona. Has the attorney been recognized by Super Lawyers, Best Lawyers of America, Million Dollar Advocates?
Wrongful death cases are usually resolved through settlement with the adverse party’s insurance company or by a jury. When a governmental entity or employee may be responsible for the wrongful death then there are Notice of Claim requirements that need to be properly satisfied.For example, under A.R.S. §12-821, A.R.S. §12-821.01 there are time limits within which a claim shall be filed against a public entity, the claim must contain sufficient facts outlining the basis of the claim. The claim must also contain a specific amount that it may be settled for, the representation by an attorney is important.
There should be a free confidential consultation with a wrongful death lawyer in Phoenix AZ. There should be no fees or costs charged unless there is a settlement. If such a tragedy occurs, a wrongful death lawyer Phoenix AZ should be consulted as soon as possible, so that representation can begin.