Tucson Wrongful Death Lawyer

Tucson Wrongful Death Attorney

Thousands of personal injuries occur in the Tucson area each year, and most of the victims of these incidents are able to recover in some measure, some entirely. Others are not so fortunate and suffer permanent harm from the negligence and misconduct of others. Still, others do not survive their personal injuries, leaving their surviving loved ones to wonder how they can ensure accountability for the death.

A wrongful death of a loved one can be devastating, both emotionally and financially.

Compassionate Representation for Wrongful Death Claims in Tucson

If you lost a relative recently in the Tucson area and believe another party is responsible, it is natural to have lots of difficult legal questions that you cannot answer on your own. You may wonder whether the at-fault party is responsible for the financial impact of your loved one’s death and how you can hold them accountable for the pain and suffering they have inflicted on your family with their actions. The right attorney can answer these difficult questions and lead you through a wrongful death claim to hold the defendant accountable.

Bleaman Law Firm, PC, has extensive professional experience with a wide range of civil claims in Tucson, including wrongful death claims. A wrongful death occurs whenever a person dies due to another party’s actions. It’s possible for wrongful death to result from negligence or intentional and illegal misconduct.

Whatever the case may be for your situation, the team at Bleaman Law Firm, PC, will provide compassionate and detail-oriented legal counsel through all stages of your case. Our goal in every wrongful death claim we agree to represent is to help our client and their family ensure the at-fault party is held appropriately accountable for the harm they’ve done and to maximize our client’s case award as much as the law permits.

Common Causes of Wrongful Deaths

Wrongful death claims replace a personal injury claim that the decedent could have filed if they had survived their fatal injury. The purpose of a personal injury claim is for the victim to secure the compensation they need to become as whole again as possible after suffering injuries because of the defendant’s actions.

A wrongful death claim serves essentially the same purpose but aims to provide compensation for the victim’s family. Money cannot bring back a lost loved one, but it can help the family acclimate to their new reality a bit more easily and ensure the defendant is held appropriately accountable for the financial impact of the death.

The first challenge you face in a wrongful death suit is proving the cause of your loved one’s death. Some of the commonly cited reasons for wrongful deaths in Tucson include:

• Motor vehicle crashes: which are a leading cause of accidental injuries and deaths throughout the country each year. You can file a claim against the at-fault driver’s auto insurance, and this may provide some compensation for the economic damages caused by the accident, but a wrongful death claim against the at-fault driver will be necessary to ensure they are held appropriately liable for the death in question.
• Workplace injuries: If your loved one died in a workplace accident, you may be entitled to claim death benefits through their employer’s workers’ compensation insurance. However, if a specific party caused the death, you can file a wrongful death claim against them to enhance your family’s overall recovery.
• Slip-and-fall accidents: If a fatal slip and fall occurred on someone else’s property, you can file a wrongful death claim against the property owner. Premises liability claims fall within the purview of personal injury law, so the property owner is liable for a fatal accident and all associated damages.
• Product liability: If a defective product caused a fatal injury to your family member, you may have grounds to file a wrongful death action under Arizona’s product liability laws. The manufacturer or another entity in the supply chain of the product could hold liability for the death, and your Tucson wrongful death attorney can help you hold them appropriately accountable.
• Intentional violence and illegal misconduct: When your loved one suffers a fatal injury due to the intentional and illegal criminal actions of another party, Arizona is likely to press criminal charges against the at-fault party. Your wrongful death claim may unfold alongside a criminal case filed by Arizona, and your Tucson wrongful death attorney can advise you as to how this may impact your family’s recovery.

These are only a few possibilities, and no matter how your loved one’s death occurred, you will need legal counsel you can trust to lead you through the legal process of ensuring accountability. If negligence caused the death in question, you must prove the defendant owed your lost loved one some duty of care that they violated or breached and consequently directly caused the death.

Alternatively, if illegal and intentional misconduct caused the death, once you have proven that your loved one’s death was the result of an intentional breach of Arizona law, they will face criminal prosecution as you proceed with your wrongful death action in civil court.

Damages Available in a Wrongful Death Claim

While the purpose of a wrongful death claim is to help the family recover the losses resulting from the death, it is also possible for the family to file a survival action. This would seek recompense for the economic damages incurred by the deceased’s estate, such as their lost income during the time they spent in the hospital prior to their death, lost valuation of investments, and medical treatment costs for their final injury or illness. In addition, the wrongful death claim itself allows the family to seek recompense for:

• Funeral and burial expenses. You can hold the defendant accountable for the cost of funeral and burial services that align with your loved one’s final wishes and spiritual beliefs, within reason.
• Lost financial support. If your loved one was a breadwinner for your family, your Tucson wrongful death attorney can help hold the defendant accountable for the financial support they can no longer provide. This will involve calculating how much income they would have reasonably expected to provide in the future had they survived.
• Lost value of household services. If your family incurs new childcare costs and other domestic expenses due to the death of your loved one, you can include these losses in your wrongful death suit.
• Lost affection, guidance, and moral support provided by the deceased. Essentially, the family can claim pain and suffering compensation for the emotional impact of this loss. There is no limit to how much the plaintiff can claim for pain and suffering in a wrongful death claim. Your Tucson wrongful death attorney can help determine a suitable figure.

It’s possible for other damages to come into play depending on how the death occurred and other special circumstances. For example, if the defendant damaged or destroyed property with their actions, the family can claim compensation for these losses as well.

If the decedent owned a business, the family may be able to hold the defendant accountable for the economic impact of the death on the business.

Resolving Your Wrongful Death Claim in Tucson

Before you can file a wrongful death suit in Tucson, you must ensure that you are legally allowed to do so. Arizona law limits eligibility to file a wrongful death claim to the victim’s surviving spouse, child, parent, or other immediate relative. If they had an estate plan in place, the personal representative named in the estate plan is typically first in line to file a wrongful death claim.

Once you have compiled your claim with the help of a Tucson wrongful death attorney, the case is likely to go one of two possible ways. If the defendant acknowledges their responsibility for the death, they are likely to want a swift private settlement. Privately negotiating the terms of the claim allows both the plaintiff and the defendant to avoid a lengthy trial and the associated legal expense. Alternatively, if the defendant disputes their liability and/or demands a trial for any reason, the case will need to go to court, and the judge will have the final say regarding eligibility to file the case.

Bleaman Law Firm, PC, can help determine the optimal strategy for building your wrongful death suit and holding the appropriate party or parties responsible for your loved one’s death. We aim to provide each client with a fully individualized legal strategy; there are no one-size-fits-all solutions to any type of civil case, especially a wrongful death claim that can have far-reaching effects on the surviving family. The sooner you consult our team, the sooner we can help ensure accountability for the loss of your loved one, and you can rely on us to provide respectful, diligent, and meticulous legal counsel through all phases of your civil action.

FAQs

Q: How Much Can My Family Claim in Pain and Suffering Compensation for a Wrongful Death?

A: Arizona does not place any limits on pain and suffering damages in wrongful death claims, so there is no cap on how much you can include in your claim. It can be very difficult for the average person to try to quantify something like the pain caused by the untimely death of a loved one in monetary terms. Your Tucson wrongful death attorney can help determine what a fair amount would be to reflect the severity of your family’s loss.

Q: How Long Do I Have to File a Wrongful Death Claim in Tucson?

A: Arizona enforces a two-year time limit on wrongful death claims. This statute of limitations begins on the date of your loved one’s death, and you must file your claim within this time. If the exact cause of death isn’t immediately determinable, or if the party responsible for the death took steps to conceal their liability, the statute of limitations would begin on the date the cause of death was discoverable.

Q: How Long Does It Take to Settle a Wrongful Death Claim?

A: If the defendant’s fault is clear and you have a good attorney representing your case, it may only take a few weeks to a month or two to settle a wrongful death claim outside of court. However, if litigation is necessary for any reason, or if the defendant caused the death through illegal misconduct, these factors could significantly increase the time required to complete the case in litigation.

Q: Is Hiring an Attorney Required for a Wrongful Death Suit in Tucson?

A: Technically, no, you can try to bring your wrongful death suit against the defendant on your own without legal counsel. However, you would face significant risks in attempting this. The average person may think their claim is straightforward, only to encounter complex legal matters they cannot resolve on their own. They would also run the risk of settling for far less compensation than they legally deserve.

Q: How Much Will It Cost to Hire a Tucson Wrongful Death Attorney?

A: When you hire Bleaman Law Firm, PC, as your legal representatives in a wrongful death case, we will only take a legal fee for our services once we have won your case. There are no upfront or ongoing attorneys’ fees for our representation, and you will pay nothing at all if we are unable to secure compensation for you. After we win your wrongful death suit, our contingency fee is only a percentage of the total amount recovered from the defendant.

Compassionate Help from a Tucson Wrongful Death Lawyer

Bleaman Law Firm, PC, has years of professional experience handling sensitive civil claims, including wrongful death claims on behalf of Tucson area clients. We know how emotionally challenging it can be for anyone to think of confronting complex legal issues while mourning the untimely death of a family member, and it is our goal to help you through this situation as efficiently as possible. If you want to learn more about the legal services we provide, contact us today and schedule your consultation with a Tucson wrongful death attorney.