Many people in Arizona know they have the right to file lawsuits if they get injured in preventable accidents around town, such as vehicle collisions or slip and fall accidents. They may not, however, recognize the right to file on behalf of someone else. If a beloved family member lost his or her life in a fatal accident in Arizona, you may be able to bring a wrongful death claim against the responsible party on behalf of the decedent. A wrongful death claim could pay your family and the deceased person’s estate for related losses.
The lawyers at David Shapiro Law, PLLC guide families in Scottsdale through wrongful death claims in pursuit of justice and financial compensation. We have years of experience representing families in wrongful death insurance claims and lawsuits. Discuss your case in detail with our lead attorney today. Call (480) 300-5405 to schedule a free initial consultation in Scottsdale.
A plaintiff’s attorney will know exactly how to build and bring a wrongful death claim in Arizona on your behalf. You will not have to worry about determining the defendant, proving fault, or gathering evidence after you hire a lawyer to take care of these processes for you. Your lawyer can deal with confusing paperwork and claims filing in your county while you plan your loved one’s funeral and spend time healing with your family.
You also will not fall prey to insurance company bad faith tactics if a corporation tries to take advantage of you. Your lawyer will stand up for your rights during each phase of negotiations. You will have the peace of mind to focus on other things after you hire a wrongful death attorney to take care of your claim.
If a person’s death is caused by the careless or negligent actions of another individual, business, or entity, the surviving family members will generally have the right to file a civil lawsuit seeking damages from the at-fault party. However, these cases can become incredibly difficult when it comes to proving the negligence of the other party.
First, we want to point out the importance of hiring a Scottsdale wrongful death attorney who will be by your side throughout this entire process. Proving negligence in a wrongful death case requires significant resources and legal expertise. There is nothing wrong with admitting that you need help in these situations, and an attorney can level the playing field against the other party.
Most people do not realize that negligence actually has specific legal definitions. Particularly, there are four elements of negligence that must be present in order to prove that a defendant owes compensation to a deceased person’s family or estate. Typically, the plaintiff in the case (with help from their attorney) must prove the following elements:
In order to properly prove all of these elements of wrongful death, an attorney will need to use their resources to conduct an extensive investigation into the incident. This will include gathering various types of evidence, such as the following:
The types of evidence necessary to prove wrongful death in Scottsdale, Arizona, will vary depending on the type of case and cause of death. In some cases, an attorney may need to employ the assistance of an accident reconstruction expert who can use the evidence gathered as well as science and mathematics to properly piece together what happened. A reconstruction expert can then provide testimony to insurance carriers or a wrongful death jury on behalf of the plaintiff.
Wrongful death cases can arise anytime a person loses their life because of the careless, negligent, or intentional actions of another individual, business, or entity. There are countless ways that wrongful death cases arise in Scottsdale, Arizona. At David Shapiro Law, PLLC, we regularly help clients who have lost a loved one due to the following:
There are various types of compensation that may be available to family members or the estate as a result of a wrongful death lawsuit. This includes both economic and non-economic damages.
When working to calculate the total economic losses in a wrongful death case, the plaintiff and their attorney will typically add up all calculable expenses, including medical bills, bills from funeral homes, receipts for out-of-pocket expenses, etc. More complex calculations will be necessary to establish the amount of money that the victim would have provided their family during the course of their normal lifespan. Some of the considerations that will be taken into account by the court include the following:
Establishing a monetary amount for non-economic damages is going to be more challenging. An experienced Scottsdale wrongful death attorney will work to properly express the emotional distress, pain and suffering, and inconvenience that the family has to go through because of the untimely death of their loved one.
Calculating both economic and non-economic damages will usually require assistance from trusted economic and financial experts who can evaluate the totality of the situation, determine appropriate compensation amounts, and justify these amounts to insurance carriers or a wrongful death jury through testimony.
Before your family or the deceased person’s estate can recover financial compensation from a defendant, you must obey Arizona’s wrongful death laws. Going about filing a wrongful death claim and pursuing compensation involves different laws depending on the state where you file. Although many different laws may pertain to your case, learn a few of the most essential.
Attorney David Shapiro or another attorney at our law firm could walk you through all the laws in Arizona that may apply to your wrongful death claim. These may include product liability laws, premises liability laws, fault-based insurance laws, and more. Hiring a wrongful death lawyer can ensure you correctly navigate all the statutes that are relevant to your claim.
A family member’s death is one of the hardest things you will have to deal with in your life. At David Shapiro Law, PLLC, we do not believe families in Arizona should have to handle wrongful death claims alone. While you focus on grieving, your lawyer can handle legal matters such as collecting evidence and building a claim against a defendant on your behalf. Speak to a compassionate attorney at our law firm today. Call (480) 300-5405 or contact us online to schedule a free consultation in Scottsdale 24/7.
Client Review: “I could not recommend a better personal injury attorney than David Shapiro and his team. They handled everything from start to finish, got me an amazing settlement that was over 5 times what the insurance company initially offered me.” -Kenneth