Losing a loved one is never easy, but when their death was caused by the negligent or reckless actions of another party, the loss can be devastating. According to statistics from the Centers for Disease Control and Prevention, death from unintentional injuries is the fourth leading cause of death in this country. In situations like these, Arizona law allows the victim’s family to pursue a wrongful death lawsuit against the responsible party, seeking damages for the financial compensation for the losses the victim’s death has caused.
Arizona law allows for survivors of victims killed as a result of another party’s actions or behavior to pursue a wrongful death claim against that party or parties when those actions or behaviors were negligence, reckless, intentional, or due to misconduct. Common causes of wrongful death actions include:
Regardless of whether or not there have been criminal charges filed against the at-fault party – such as in a drunk driving crash – a wrongful death claim is handled separately from those charges and is filed in the civil court system. The law only allows certain family members and/or estate representatives to file a wrongful death lawsuit and there is a statute of limitations in place for how long after the victim’s death the claim must be filed by.
A Glendale, AZ wrongful death lawyer can evaluate your case to determine if you qualify to file the claim on behalf of your loved one.
In order to be successful in the claim, a wrongful death lawyer will need to prove three elements to the court/jury:
If you have lost a loved one because of the negligence or recklessness of another party, we understand there is no amount of money that will make up for that loss. But oftentimes, financial justice is the only avenue families have to hold the at-fault party accountable, especially if there are no criminal charges filed. To schedule a free consultation with a dedicated Glendale, AZ wrongful death lawyer, call Saavedra Law Firm today.
While some types of jobs in Arizona can be more dangerous than others, unsafe working conditions in any environment can lead to the unexpected death of an employee. When this happens, reaching out to a wrongful death lawyer in Glendale, AZ, such as the Saavedra Law Firm, can help loved ones understand their options and offer some insight regarding some unsafe working conditions and how one or more might have played a part in their family member’s death.
Defective machinery that requires repair usually requires a lockout system that prevents it from operation until it can be repaired. However, companies that fail to use these systems may put their employees at risk, as they may attempt to use a broken machine that malfunctions and causes an injury that leads to death. A wrongful death lawyer in Glendale, AZ can investigate such problems and prove company negligence.
Factories and other production facilities may fail to install adequate air ventilation systems, which can cause workers to breathe in toxins or other particles that may affect their lungs over time. Some toxins can result in lung cancer and eventual death, a condition for which loved ones may hold that company responsible, especially if the owners were aware of the possible danger.
When a loved one dies in a fire on the job, a law group like Saavedra Law Firm can take steps to investigate whether the building was equipped with marked exits, proper fire equipment and conditions meant to lower the risk of a fire. Owners of older buildings that never received upgrades to prevent fires and protect workers may be held liable if one of their employees dies in a blaze.
When employers fail to train their employees on every aspect of a job, this can cause serious danger to other workers. A lack of knowledge about tools and machinery can lead to a variety of injuries serious enough to cause death, such as pinning or crushing. A wrongful death lawyer in Glendale, AZ, can help loved ones prove that employers failed to properly train some employees and caused danger that led to the death of a family member.
When unsafe working conditions in Arizona cause an unexpected death, grieving families may feel that they have nowhere to turn. Reaching out to a wrongful death lawyer in the area may help them realize their legal options and lead to closure in the future.
Despite the fact that there are many laws in place to protect workers, unsafe work conditions can still result in injuries and even the death of employees. If you believe that your loved one died due to negligence on the part of an employer, a wrongful death lawyer in Glendale, AZ can help. The professionals at Saavedra Law Firm, PLC can help you sift through the details of your loved one’s passing to better understand if their employer was to blame. Although there are many different types of work-related wrongful death cases, the following are some of the most common.
The most common type of work-related death is from an injury on the job. Certain types of jobs carry with them a greater risk of injury. It is always the responsibility of the employer and the company to minimize these risks as much as possible. If your loved one experienced a work-related injury that then resulted in their death, you could be able to file a wrongful death case against the employer. A wrongful death lawyer in Glendale, AZ will be able to help you review the details of the injury and the death to determine if such a case is viable.
OSHA regulations are put into place to hold employers accountable for the work environment they provide for their employees. When OSHA guidelines are not being followed, employees can be put at risk. An unsafe work environment can result in injuries and even death. Unsafe work conditions can be proven through an investigation conducted by a wrongful death lawyer in Glendale, AZ. It is often difficult for an individual or a family to conduct the type of research or investigation necessary to prove negligence in a wrongful death case. The legal team at Saavedra Law Firm, PLC can help with this. They have the resources and knowledge to get the information you need to better understand what caused your loved one’s death.
There are many industries that deal with hazardous materials. Although these types of jobs are necessary, it is also imperative that employers are incorporating all of the safety measures required by federal law to ensure that employees are not negatively affected by these materials.
If an employer is not following guidelines properly it could result in injury and death. If you believe your loved one died because of exposure to hazardous materials at work a wrongful death lawyer in Glendale, AZ can help.
Each year in this country, there are 111 million times when a driver gets into their vehicle when they are over the legal alcohol limit. The result of these bad decisions is that more than 10,000 people are killed in drunk driving accidents every year. That means that every day, 28 families lose a loved one to a drunk driver. Every 51 minutes, someone’s child, parent, and sibling, is killed.
A wrongful death lawyer in Glendale, AZ knows that although there has been much in the way of educating the public of the dangers of driving drunk and an increase in the penalties for drunk driving, safety experts say there is still more that can be done to save lives.
In the past four decades, the drunk driving rate has decreased nationwide by almost 60 percent, yet drunk driving is the number cause of car crash fatalities. Enforcing strict drunk driving laws has helped in keeping alcohol-impaired drivers off the road. In Arizona, approximately 300 people are killed every year in DUI accidents, despite the fact that Arizona has some of the harshest drunk driving laws in the country.
Some of the factors that have proven effective in the war against drunk driving are obvious ones, while others may be ones you would not think of. The following are some of the factors that a Glendale, AZ wrongful death lawyer understands do make a difference in preventing fatal DUI accidents.
Sobriety checkpoints – where police are allowed to briefly stop drivers to see if they are impaired – have been successful and have prevented countless numbers of fatal drunk driving deaths by pulling the impaired driver off the road.
The use of ignition interlocks for those convicted of DUI has also been shown to be helpful in preventing DUI crashes. The devices, which measure a person’s blood alcohol concentration (BAC), are attached to a convicted driver’s vehicle. The driver must blow into the device before it will start. If the device measures a BAC of more than .02 percent, the vehicle will not start.
The popularity of ridesharing companies has also played a role in decreasing the number of DUI accidents. There are many areas where cab service is unavailable, or the cost of the service may be expensive. But services like Lyft and Uber provide an inexpensive and easily accessible way for people to go out and enjoy a few drinks without having to worry about the drive home.
One of the more surprising factors that may decrease fatal DUI crashes is taxing alcohol. In a study done by the University of Florida, drunk driving deaths decreased by more than 25 percent in Illinois when that state raised the tax on alcohol.
Despite all of the above, fatal drunk driving accidents still occur far too often and families are left to grieve the tragic loss of their loved ones. If you have lost a family member because of a drunk driver, reach out to a Glendale, AZ wrongful death lawyer to find out what type of financial justice you can pursue for your loss.
As a wrongful death lawyer in Glendale, AZ from Saavedra Law Firm, PLC knows, losing a loved one because someone acted without care is one of the most horrible things any family can go through. Not only was someone’s life lost too soon, but an individual or entity was at least partially at-fault for that happening. If you suspect this is the case for your loved one, then it is strongly advised that you speak with a lawyer immediately for guidance.
Depending on the state, the plaintiff in the wrongful death lawsuit can claim loss of consortium (otherwise called loss of companionship). When someone loses a spouse, particularly at the hands of another, they can experience severe and agonizing emotional trauma. Monetary compensation under loss of consortium seeks to provide the loved one with the resources they need to overcome.
Children and surviving spouses can pursue compensation for loss of future wages. If the family member who passed away had provided for the family unit monetarily, then those relatives are likely to endure serious financial hardship. Loss of future wages aims to give spouses or children the financial support they had lost because of the wrongful death.
Families who have lost a cherished relative may not have the mental energy to find the best fiscal value for burial and funeral costs. Understandably, they are grieving their loss and are just trying to get through each day. Wrongful death cases often include costs for laying the loved one to rest.
Some victims of wrongful death not only were injured, but went through grueling passing that involved pain and suffering. Restitution may be awarded to surviving loved ones for the victim’s pain and suffering, in addition to medical expenses that were incurred from emergency care, treatment, hospitalization, etc. An Arizona wrongful death lawyer in Glendale is ready to offer assistance for your family today.
You may have heard the term “wrongful death” before, and if you have more questions, a wrongful death lawyer in Glendale, Arizona will provide all the information you need about your own case. While any preventable death is a tragedy, some are handled differently than others, and it’s important to learn all you can about your case before filing a suit.
When it comes to a wrongful death, there are typically two ways the responsible party may be punished for their actions. Some wrongful deaths result in criminal charges and some result in civil suits. Some end in both. The legal options available to you depend on the circumstances, and what your lawyer can tell you about your case.
Criminal charges are filed by the state against the offending party. If someone acted with gross negligence that led to the death of someone else, they could face jail time and other state-mandated punishments. When an accidental death leads to criminal charges, it’s called manslaughter, and the responsible party could face imprisonment and fines.
While manslaughter charges can bring the family of the deceased some much-needed justice and closure, criminal charges don’t usually result in financial reparations. In some cases, the responsible party may need to pay the court or state a fine, but the money doesn’t usually go to the family or friends of the person who died. If you’re seeking financial compensation, you’ll need to open a civil suit – and a wrongful death lawyer in Glendale, AZ can help.
The term “wrongful death” is reserved for civil suits. Unlike criminal charges, there’s no risk of jail time for the offending party. Instead of being filed by the state, the charges in a wrongful death suit are filed by the estate of the deceased. This can include family and friends. Civil suits can result in financial compensation for the members of the estate.
A wrongful death means lots of surprise payments and fees. You may have to pay medical bills, funerary expenses, and all the fees associated with dividing an estate and managing the will left behind by your close friend or family member. This financial pressure can be a major obstacle, and it can make grieving for your loss even more difficult. It’s important to get proper compensation for the untimely loss of a loved one, and a wrongful death lawyer can help.
Any wrongful death is a tragedy. If you lost a loved one or close family member because of the sudden and irresponsible actions of another party, you deserve justice and closure. While criminal charges may bring you closure, only a successful civil suit can give you the financial compensation you need to properly process your loss.
No amount of money can bring back someone you cared about, but it can help you and the rest of their family and friends come to terms with your loss. Don’t suffer any more than you already have, and don’t pay out of pocket for a tragedy that will affect you for the rest of your life.
There is nothing more tragic than the death of a child. What is even worse is when that death could have been prevented. One of the more alarming trends that have emerged over the past several years is the increased incidents of brain injuries and death to youth and high school football players both here in Arizona and across the country. If your family has suffered a tragedy, contact a wrongful death lawyer in Glendale, AZ for legal assistance.
There has been much reporting about the widespread issue of brain injuries that professional football players have suffered over the years and the alleged cover-ups by the NFL and helmet makers, including multiple lawsuits that have been filed by former players and their families. One of the gravest dangers of playing the game is that the repeated blows to the head many players endure, which cause the degenerative brain disease, chronic traumatic encephalopathy (CTE). This disease is eventually fatal for victims who develop it.
However, as a Glendale wrongful death lawyer knows, it is not just professional athletes who are at risk of developing CTE. Multiple studies have concluded that these blows to the head are even more serious for young players because their brains have not fully developed. In fact, the younger a child is when they begin playing, the more severe the injuries can be.
One study, in particular, tracked the deaths of two dozen high school football players who have died over the past few years from injuries to the brain and spinal cord. The most dangerous positions – leaving players the most susceptible to these injuries – were running back and linebacker.
These studies prompted USA Football – a national governing organization for youth and high school football – to draft a new set of rules for leagues with younger players. The new rules include:
When a child plays football through schools or youth programs, the organizations owe a responsibility to players to keep the game safe, as these new regulations imply. Just like in professional player lawsuits, failure to do so can open organizations and equipment makers to liability if children are injured because of that failure.
If your child suffered a fatal injury in a sporting event, while there may be no criminal charges for your family to get justice, there may be a way for you to get some level of justice through the civil court system. Call Saavedra Law Firm, PLC today to schedule a free consultation with a compassionate Glendale wrongful death lawyer and find out how we can help.
In the majority of wrongful death lawsuits, it is either the victim’s surviving family members or a representative of their estate that can file the lawsuit. Any damages that are recovered in either a settlement or award are given to the victim’s spouse, children, and/or other next of kin.
Some of the more common damages that a Glendale, AZ wrongful death lawyer can pursue on behalf of the victim’s family include:
If someone you love has died in an auto accident because of someone else’s fault, whether intentional or not, their loss of life is considered a wrongful death. Wrongful death settlements help the decedent’s family get through financial hardship and provide some sense of closure after a devastating loss. The purpose of hiring an attorney is to help the family get the justice they deserve. If you have lost a loved one due to the negligence of another party, contact an experienced wrongful death lawyer in Glendale, AZ, at the Saavedra Law Firm, PLC. Here are four reasons you should consider hiring legal help if you believe you have a wrongful death case.
Attempting to settle a case on your own could result in you not getting the best possible settlement for your loss. The party responsible for the loss of your loved one may offer you compensation, but you need to know how much you are entitled to, and a lawyer can help you get the maximum about of damages owed to you and your family.
Bouncing back from the sudden loss of a loved one can take time to grieve. Negotiating with lawyers from an insurance company can be a painstaking ordeal. Hiring an attorney to fight for you can help put your mind at ease because your best interest would be a priority.
It may be difficult for you to understand all the legal jargon, and you may end up settling for damages at a lower rate than necessary. A skilled wrongful death lawyer in Glendale, AZ, at the Saavedra Law Firm, PLC can help you understand the law and avoid any loopholes that can impact the outcome of your case.
A wrongful death case should be filed within two years after the date of death. If there is an attempt to file a claim after two years, the courts may not agree to hear the case. Call a wrongful death lawyer in Glendale, AZ at the Saavedra Law Firm, PLC, if you need to file a case or have questions.
Losing a loved one is probably the most difficult thing you will ever experience, and putting the pieces of your life back together after such a loss is equally as hard. If you have lost a loved one at the expense of someone else’s negligence, do not hesitate to contact a wrongful death lawyer at the Saavedra Law Firm, PLC.
The AAA Foundation for Traffic Safety conducts some very important studies. One major study they did revealed an alarming trend in fatal crashes. According to the report, one out of every five fatal vehicle crashes involves a driver who is unlicensed. The report, entitled Unlicensed to Kill, was written by researchers from the Texas Transportation Institute located at Texas A&M University. The team used data from the Department of Transportation’s Fatality Analysis Reporting System (FARS). The report also cited Arizona as one of the top states having unlicensed driver fatal crashes. If you have lost a loved one in a fatal car accident, a wrongful death lawyer in Phoenix, AZ can help.
The study found that almost 8,500 people die every year in accidents involving a driver who does not have a valid license. The study also found that 30 percent of those unlicensed drivers had received three or more license revocations or suspensions within the three years leading up to the deadly crash.
The lead researcher of the study compared the current license suspension system with a revolving door, pointing out that despite having their licenses suspended, again and again, these unlicensed drivers still get behind the wheel of vehicles.
During the five-year period, the research team looked at, there were 183,749 fatal crashes that involved 278,078 drivers. Almost 15 percent of those drivers – 38,374 – did not have a valid license. Their licenses had been expired, suspended, canceled, revoked, or denied. Some drivers had no record of having a license at all.
The driving status of another 20 percent of drivers – 36,750 – was not classified because the crash was either a hit-and-run or police were unable to determine the status for unknown reasons.
Researchers found common characteristics among the unlicensed drivers:
The state with the highest amount of unlicensed fatal accidents was New Mexico, followed by Washington D.C., Arizona, California, and Hawaii. A Phoenix, AZ wrongful death lawyer can help Arizona families seek the financial justice they deserve for the loss of their loved ones.
Law enforcement puts the blame on mild penalties for people who are caught driving without a license. In many jurisdictions, a person arrested for driving without a license only has to pay a fine and is then released. The study recommended passing more stringent rules, such as impounding the vehicles of unlicensed drivers. They also point to new technology in development that could help address the issue.
If you have lost a loved one in an accident caused by another party, contact Saavedra Law Firm, PLC to meet with a Glendale, AZ wrongful death lawyer and find out how we can help.
If you recently lost a family member because of another’s negligence, then you may hold the right to seek restitution from the liable party. Our lawyer can assess your vase and inform you of your options. We know how to seek fair and just compensation for our clients, who have already been through so much. Let us help take the weight off your shoulders. Call Saavedra Law Firm, PLC to speak with a wrongful death lawyer in Glendale, Arizona now.
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