Wrongful Death Lawyer Peoria, AZ

HomeWrongful Death Lawyer Peoria, AZ

Wrongful Death Lawyer Peoria, AZ

Losing a family member is always heartbreaking, even when that loss was expected, such as old age or a terminal illness. But when their death was caused by the negligent action or behavior of someone else, families are often left devastated by the suddenness and tragedy of it all. Not only are families left with emotional devastation, but the victim’s death can also cause financial hardship, especially if he or she was the primary breadwinner for the family. In Arizona, if a person dies as a result of the negligent actions of another party, survivors can pursue a wrongful death claim against the alleged at-fault party for damages they suffer due to the victim’s death. A wrongful death lawyer  Peoria, AZ families trust from Saavedra Law Firm, PLC can help.

What Is a Wrongful Death?

According to Arizona law, wrongful death is defined as one that is caused, “by wrongful act, neglect or default.” One way to understand what would constitute a wrongful death is that under the same circumstances, had the victim lived, they would have been able to pursue a personal injury claim or lawsuit against the party or parties that caused the accident that resulted in their injuries.

The law states that there are only certain survivors of the victim that may pursue a wrongful death action. These include:

  • The victim’s spouse
  • The victim’s children
  • The victim’s parents or guardians (if the victim had no spouse and/or children)
  • A representative of the victim
  • A representative of the victim’s estate

There are an array of accidents or incidents that a Peoria, AZ wrongful death lawyer can pursue a wrongful death claim on behalf of the victim’s survivors. Wrongful death accidents typically occur when one person’s negligence directly or indirectly caused the death of another person. Some of the most common examples include:

No matter what caused the untimely death, you should speak with a lawyer who has experience in wrongful death cases and will know how to calculate appropriate damages for it. The damages that can be awarded in a wrongful death claim will vary, depending on the circumstances of the case. Generally, the following can be included:

  • Medical bills for emergency and life-saving care for the victim
  • The pain and suffering the victim had before they died because of their injuries
  • Funeral and burial expenses
  • The lost wages the victim would have provided his or her family had they lived
  • The loss of love, guidance, and companionship the victim provided to his or her family
  • The emotional anguish the family suffers because of the victim’s death

Your lawyer will be able to speak with you to determine what damages you may be entitled to in your own unique case. Every wrongful death case is different, so you need to speak with someone who is experienced in the field and will have a baseline of knowing what a judge may find reasonable for your own case. Odds are, there have been cases similar to your own and a lawyer will be able to see what a judge thought was fair compensation in that case. This may serve as an example to compare your own case to, then proceed in the best possible way to get compensation for your own case. 

How To Prove a Wrongful Death Case

Whenever a loved one passes away, it is always sad; however, if a loved one of yours has passed away unnecessarily, it can be absolutely devastating. You are probably focused on honoring the memory of your loved one, but you also need to seek justice on his or her behalf. That is where a wrongful death lawyer in Peoria, AZ, such as a lawyer from the Saavedra Law Firm, PLC, can help you. What do you need to do if you want to prove a wrongful death case?

Someone Has Passed Away

If you would like to prove a wrongful death case, the first thing you need to do is prove that someone has died. Even though this may sound straightforward, it can be an administrative difficulty in some situations. Your emotions are probably running high following the death of a loved one, so you should count on an attorney to accomplish this step for you.

Someone Else Was Responsible

Next, you need to prove that someone else was responsible. Just because someone has passed away doesn’t necessarily mean it is a wrongful death situation. For example, you may have to prove that someone was neglectful, leading to the death of your loved one. Or, you can also prove that the actions taken by someone else directly contributed to the death of your loved one. A wrongful death lawyer in Peoria, AZ can help you with this process. 

You Suffered Damages as a Result

Finally, you need to prove that you suffered damages as a result of the death of your loved one. For example, you can prove that your family has lost income because your loved one passed away. Or, you might be able to demonstrate that you have accumulated significant financial expenses as a result of the death of your loved one. This is another area where an attorney can be helpful. 

Call a Wrongful Death Lawyer

These are the most important elements you need to prove if you would like your wrongful death claim to be successful. Following the death of a loved one, there is a time limit within which you need to bring a wrongful death claim. That is why you need to work with a wrongful death lawyer in Peoria, AZ, such as an attorney from the Saavedra Law Firm, PLC, who can help you. This is not a situation you have to go through on your own. 

Six Misconceptions About Wrongful Death

The Insurance Company Is Going To Offer You a Reasonable Settlement

While the insurance company may offer you a settlement, it’s almost guaranteed not to be reasonable. It may not even cover medical expenses and funeral costs, much less anything else. You need a wrongful death lawyer in Peoria, AZ, from Saavedra Law Firm, PLC to stand up to the insurance company and negotiate a fair settlement for you.

Wrongful Death Cases Are Always Easy To Win in Court

Wrongful death cases are complicated, which makes them harder to win in court. While it’s true that the burden of proof is less than that in a criminal trial — you only have to have a 50% surety or greater to vote that the defendant is liable — that burden is still weighty. It’s often challenging to prove negligence; recklessness and willful acts aren’t much easier.

Wrongful Death Cases Always Involve Lengthy Trials

The vast majority of wrongful death cases never go to trial; they’re settled out of court instead. Your lawyer will negotiate with the insurance company to get you the best settlement they can. It’s your option, of course, to refuse the settlement offer and go to trial. Your wrongful death lawyer in Peoria, AZ, can advise you on the best course of action for you.

Just Because Your Loved One Died, You Can Recover Compensation

The loss of a loved one is heartbreaking. It’s easy to want to blame someone for what happened. Unfortunately, it’s not always someone else’s fault. Sometimes complications arise and claim the life of your loved one. Sometimes you may never know the cause of death. A Saavedra Law Firm, PLC attorney can help you determine if you have a wrongful death case or not.

Every Wrongful Death Situations Is Unintentional

Many wrongful death cases arise because of someone’s negligence. However, recklessness and willful acts are also possible catalysts for a wrongful death claim. For example, if a driver is speeding down the interstate, weaving in and out of traffic, and causes an accident that results in someone’s death, that driver was acting recklessly and caused a wrongful death.

Wrongful Death Damages Are Limited as to What You Can Claim

There are any number of damages you can claim in a wrongful death case. Your wrongful death lawyer in Peoria, AZ can help you determine which of these apply in your case:

  • Medical bills
  • Funeral costs
  • Survival action for pain and suffering between the time of injury and time of death
  • Loss of past income
  • Loss of future income
  • Compensation for the loss of of consortium
  • Compensation for the loss of services your loved one may have performed around the house

Have You Lost a Loved One?

At Saavedra Law Firm, PLC, we understand that no amount of financial compensation will ever make up for the death of your loved one. But we also understand that your family deserves financial justice for that loss. If you would like to schedule a free and no-obligation consultation to find out how we may be able to help, call our office today to meet with a dedicated wrongful death lawyer in Peoria, AZ.This way you can determine if we would be a good fit to handle your case. 

How a Wrongful Death Suit may cause one to need a Wrongful Death Lawyer in Peoria, AZ

A wrongful death claim is a special kind of suit brought when somebody dies as a result of the offender’s negligent or deliberate act. They cover a wide range of different events, which can be determined by a wrongful death lawyer who has been in the field for some time. 

Wrongful death claims are brought versus a defendant who has actually triggered somebody’s death, either through neglect or as a result of some intentional action. Wrongful death claims permit the estate and/or those close to a departed person to submit a suit against the party who is lawfully accountable for the death. Though each state’s wrongful death laws vary, these types of suits are typically filed by a representative of the departed person’s estate, frequently on behalf of surviving members of the family affected by the death.

When Is a Wrongful Death Claim Applicable?

A wrongful death claim can develop after scenarios in which a victim who would otherwise have a valid personal injury claim is eliminated as a result of the accused’s wrongful action. This can occur in a range of scenarios, including:.

  • When a victim is intentionally killed. O.J. Simpson was taken legal action against in civil court for the wrongful deaths of Nicole Brown and Ronald Goldman. These civil suits brought by the victims’ households were different from the state’s criminal case versus Simpson.
  • When a victim dies as a result of medical malpractice. If a medical professional stops working to identify a condition, or if the doctor is careless in the level of care supplied, and a client dies as a result, a wrongful death action might be possible against the doctor. If you think this might be applicable to your case you can reach out to a wrongful death lawyer in Peoria, Arizona by contacting Saavedra Law Firm, PLC.
  • Vehicle accident casualties including neglect. If a victim dies as a result of cars and truck mishap injuries, a wrongful death claim might be brought.

These are simply a couple of examples of personal injury cases that can develop into wrongful death claims. A wrongful death claim can stem from nearly any type of accident scenario, although one significant exception may exist for work injuries that lead to death, which usually must be handled solely through the employee’s payment system.

What Must Be Proven?

In order to hold the accused responsible in a wrongful death claim, the plaintiffs in the claim (typically through the estate of the deceased victim) need to fulfill the same burden of proof that the victim would have needed to satisfy had the victim lived. So, using carelessness as an example, this implies revealing that the defendant owed the victim a responsibility of care, that the accused breached this responsibility, that the breach of responsibility was a direct and near cause of the death, which the death caused the damages that the complainant is attempting to recuperate. Discover more about showing neglect in an accident case.

Examples of Wrongful Death Lawsuits

The grief from losing a loved one due to the negligence or recklessness of another party can be overwhelming. While no amount of money can ever make up for that loss, a Peoria, AZ wrongful death lawyer understands that the sudden death of a loved one often causes great financial stress on a family. The financial compensation received in a lawsuit can help ease those financial obligations. A wrongful death lawsuit can also help families find some sort of closure while it can also require the at-fault party to correct the defects that are in designing, manufacturing, procedures, systems, or other processes that contributed to the victim’s death.

As a wrongful death lawyer in Peoria, AZ can explain, wrongful deaths can happen anywhere and for a number of different reasons. The most recognized causes of wrongful death lawsuits are vehicle accidents, malpractice cases, and work-related deaths. But other types of incidents can result in the wrongful death of a victim and a subsequent lawsuit by their family. Wrongful death lawsuits can also name multiple parties who are liable for the incident or accident that resulted in the victim’s death. The following are two examples of these types of wrongful death cases that made national news over the past few years:

Defective Product

In Missouri, a teenager was killed when a basketball goal in the gymnasium of the elementary school he was volunteering at fell and struck him. His family filed a wrongful death lawsuit against all the parties involved in the design, manufacturing, sales, and distribution of the basketball goal. They also named the architect and contractor who were hired for the renovations to the gymnasium. In their lawsuit, the family cited defective equipment, inadequate inspection of the equipment, and inadequate training of employees. A confidential settlement was reached between all parties. In cases like this, a Peoria, AZ wrongful death lawyer will fully investigate to identify all potentially liable parties.

Chronic Traumatic Encephalopathy (CTE)

A retired NFL football player committed suicide. The man had had a stellar career, spanning two decades, and he was selected a dozen times for the Pro Bowl. But at the age of 43, he was diagnosed with chronic traumatic encephalopathy (CTE), a debilitating and fatal condition that many active and retired football players suffer from. The condition is caused by multiple concussions and the concussive effects of hits to the head players sustain in the sport. Although there was an NFL concussion settlement class where families of players who die from head trauma can receive up to $4 million in compensation, the player’s family chose to instead file a wrongful death lawsuit against the organization. A confidential settlement was reached between the family and the NFL.

Construction Accidents

Working in the construction field can be incredibly dangerous. It is the responsibility of the construction company to make the environment as safe as possible for the employees. This is why it is important to hire a wrongful death lawyer if your loved one was killed in a construction accident. It may have truly been unpreventable, but the company should still have to compensate you for this. If there was more to the accident — especially if it could have been prevented — there may be even more charges that you may want to take to court. A lawyer will be able to look at what happened, have someone go to the scene of the accident to investigate, and even speak with any witnesses to determine whether or not you may be entitled to more damages in your case. 

We know that whatever we do will not bring your loved one back, but you deserve to get some sort of compensation for the enormous loss in your life. You should not have to financially suffer on top of everything else that you have going on. Getting compensation will help keep your finances in order while attempting to grieve the loss of your loved one. Talk to a wrongful death lawyer today in Peoria, Arizona by contacting Saavedra Law Firm, PLC.

Questions You Should Ask Your Wrongful Death Attorney

What Kind of Damages Can I Expect?

If you have determined that you have the legal right to pursue a wrongful death claim and lawsuit, you should know what kind of damages you may be eligible for. A reputable wrongful death lawyer in Peoria, AZ will guide you in what claims to make. For example, you can receive compensation for any medical, funeral and burial expenses, any lost wages or earning capacity; punitive damages for malicious conduct; loss of inheritance, care and support; and mental anguish. The damages you can pursue will depend on the type of wrongful death suit you file.

Is My Settlement or Award Subject to Taxation?

A wrongful death law firm, such as the Saavedra Law Firm, PLC, will help you understand all the financial implications of your claim and award. Most of the damages you may receive in a wrongful death lawsuit or settlement are not taxable by the IRS if they are compensatory, but punitive damages may be subject to taxation, so ask your attorney. Compensatory damages are considered compensation for any lost finances, including money to pay bills directly related to the accident and lost wages or support. Punitive damages exceed your financial losses and are intended as punishment.

How Should I Deal With the Insurance Company?

If you have been contacted by an insurance company, you need to immediately contact a wrongful death lawyer in Peoria, AZ. They may seem nice and as if they are taking responsibility for the accident, but this act is deceiving. The insurance company’s goal is to save money, and any settlement they make will be woefully insufficient. Their intent is to get you to waive your legal rights and give you as little as possible. Without legal representation, e.g., from the Saavedra Law Firm, PLC, you can be easily taken advantage of.

Are You Willing To Go To Court?

Your wrongful death lawyer in Peoria, AZ will do everything they can to negotiate an adequate settlement with the insurance company. The last thing you want is an attorney who will rush the negotiations and take whatever settlement is easiest to get. You want someone who will fight for you, even if that means going to court and arguing your case in front of a judge and jury. Therefore, ask your prospective attorneys how many cases they have argued in court and if they have the willingness and resources to argue yours.

Phoenix Personal Injury & Personal Injury Lawyer

Attorney Freddy Saavedra provides trustworthy, aggressive representation to accident victims. He handles cases related to motor vehicle collisions, slips and falls, dog bites, and other accidents. Attorney Saavedra also brings wrongful death claims on behalf of families who have suffered the loss of a loved one in an accident. You need to reach out as soon as you think you might have a case. There is a statute of limitations in place that will make it impossible to file if you do not on time. Even if you are not sure what you want to do yet, speaking with an experienced lawyer will give you much of the insight you need to make the right decision for you and your family. Contact us today to schedule something as soon as you are able to so we can help you figure out the next steps you want to take. 

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