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,
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.
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.
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.
Reach out to Saavedra Law Firm, PLC today to get in touch with a wrongful death lawyer in Glendale, AZ.
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 a fatal crash, you may be able to pursue a wrongful death lawsuit against the driver who caused the accident. Call Saavedra Law Firm, PLC to schedule a free consultation with a dedicated wrongful death lawyer in Phoenix, AZ.