Vail AZ Wrongful Death Lawyer

Vail AZ Wrongful Death Attorney

If you or someone you know has been impacted by a sudden death that was caused by another party, there may be an opportunity to file a wrongful death claim. Any time there is a sudden death, it is a terrible situation to be in. One of the smartest decisions that grieving family members can make is to engage a Vail AZ wrongful death lawyer. A wrongful death lawyer can evaluate the situation, help determine liability, and assist in processing the case.

Wrongful Death Claim

A wrongful death claim occurs when the surviving family members of a deceased person pursue legal action against the party responsible for the death. The wrongful death is usually caused by the reckless, willful, or negligent actions of the liable party. The surviving family can receive compensation for damages.

Damages Available in a Wrongful Death Case

Some damages that may be available in a wrongful death case can include:

• Medical bills and expenses
• Funeral and burial costs
• Lost wages or benefits that the deceased person would have earned if they had lived
• Any property that was damaged during the incident
• Pain and suffering damages inflicted upon the surviving family members
• Compensation for the loss of the deceased individual’s love, comfort, affection, and companionship

Dividing Damages Among Family Members

If a surviving family is awarded a settlement from a wrongful death case, it is typically up to the family to divide the amount between family members. This can lead to unfortunate incidents of frustration and animosity within the family. There are times when the court will appoint the damages to be divided up in a certain way in an effort to avoid this. Another solution is to speak with an experienced wrongful death attorney who can assist with this process.

Is a Wrongful Death Settlement Taxable?

Under Arizona state law, awarded settlements from a wrongful death case are generally not taxable. The settlement money is considered to be compensatory, meaning that the money is designed to help the family recover from the damages that they received.

However, it is important to note that, if there are any punitive damages awarded in the settlement, then those could potentially be taxable in the state of Arizona. Punitive damages are intended to punish the defendant, and they go beyond the scope of a compensatory settlement. Therefore, these are likely to be taxed.

FAQs for Wrongful Death Attorneys

Q: Who Gets the Money in a Wrongful Death Claim in Arizona?

A: In an Arizona wrongful death claim, the surviving family members can receive the settlement. If there are multiple surviving family members, then the settlement will likely be divided evenly among them.

Under Arizona state law, surviving family members can include surviving children, parents, guardians, or personal representatives. Once the settlement is awarded to the family, it is up to them to divide it up. An experienced wrongful death lawyer can help facilitate the division of the settlement among loved ones.

Q: What Is the Statute of Limitations for Wrongful Death in Arizona?

A: The statute of limitations for wrongful death in Arizona is two years from the date of the victim’s death. This means that surviving family members have two years from the date of the loved one’s death to file a wrongful death claim. The two-year statute of limitations period is enforced to avoid a death claim from a case that happened several years ago, in which memories and evidence may become less credible and reliable. Nevertheless, there can be certain exemptions to this rule.

Q: What Does Wrongful Death Mean?

A: Wrongful death means that a person was killed, and the death was caused by the actions of another party. Wrongful death can result from any type of accident, including, but not limited to, car accidents, truck accidents, and motorcycle accidents. In a wrongful death case, the surviving family members can file a wrongful death claim against the defendant. Personal injury lawyers in Vail, AZ can be valuable resources to use if you have been involved in a wrongful death case. Injury attorneys can advise on the proper legal steps to take for your claim.

Q: What Is the Statute of Limitations for Personal Injuries in Arizona?

A: The statute of limitations for personal injuries in Arizona is two years for all personal injury claims. The two-year mark starts from the date when the injury is discovered. For example, if there is a case of medical malpractice that resulted in a personal injury, the two-year statute of limitations starts from the date that the injury is discovered. It is important to note that there are certain exceptions that may apply, but they are rare instances.

Q: Can Medical Malpractice Lead to a Wrongful Death?

A: Yes, medical malpractice can lead to a wrongful death. If the doctor or medical provider displays negligence or a medical error that leads to death, the surviving family members in Vail, AZ could pursue a wrongful death claim. Negligent actions can include misdiagnosing an individual or failing to treat them to an industry-accepted level of reasonable care.

Families can seek compensation for the medical expenses, funeral costs, lost wages, and pain and suffering damages. Medical malpractice lawyers and wrongful death lawyers can provide more details specific to your case.

A Legal Team You Can Trust

Wrongful deaths are tragic events that often leave surviving families devastated. During this time of grief, it can be difficult to move forward. Surviving family members may be left with several questions, but an experienced wrongful death attorney can help answer them. It is important to understand that the responsible party should be held liable for their actions. Surviving family members have the ability to pursue compensation for the wrongful death.

At Bleaman Law Firm, P.C., our legal team has experience in successfully resolving wrongful death claims in the state of Arizona. Our Arizona law firm has the experience and acumen necessary to analyze your wrongful death case and navigate the Arizona state legal system. Wrongful death cases can be difficult to understand at times but, with the help of an attorney, you can rest assured that your legal questions can be answered. Contact a member of our legal team today.