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When one party’s actions cause physical injury and economic harm to another party, the victim has the right to pursue compensation for their damages with a personal injury suit. However, some victims of personal injuries do not survive. In these situations, their surviving families can file wrongful death claims in place of the personal injury suits the victims could have filed if they had survived. An Oro Valley wrongful death lawyer is the ideal asset for such a claim.
The Bleaman Law Firm, PC, has more than 20 years of professional experience resolving all types of civil claims for damages on behalf of clients in Oro Valley, Arizona and surrounding communities. We know the emotional challenges any family will face as they approach a wrongful death suit and the many questions they are likely to have about the compensation available to them and what they can expect in these proceedings.
Our goal in every wrongful death case we accept is to help our clients approach the situation with confidence and peace of mind and to help them maximize the proceeds from a successful claim. The money you receive for winning a wrongful death suit cannot replace your loved one, but an appropriate case award can help account for the financial toll of the death and help your family adjust to your new circumstances a bit more easily.
There is a two-year statute of limitations for wrongful death suits in the state, meaning a wrongful death case must be filed within two years of the date of the death. Additionally, state law restricts eligibility to file a wrongful death claim to the personal representative of the deceased’s estate, their surviving spouse, surviving children, or surviving parent.
Once you determine eligibility and ensure you are able to meet the statutory deadline for filing the claim, it is necessary to prove the exact cause of the death and identify the party or parties responsible for causing it. Wrongful deaths commonly result from incidents that often cause personal injuries, such as motor vehicle accidents, slip and fall accidents, workplace accidents, and more.
Your Oro Valley wrongful death lawyer can help gather the evidence needed to prove liability for the death. This means identifying the party who caused the death, gathering evidence to prove exactly how they caused it, and determining the full extent of the damages you and your family may seek with the claim. The Bleaman Law Firm, PC, is ready to work closely with you to help you accomplish these tasks as efficiently as possible.
While a personal injury claim seeks compensation for the damages the victim suffered because of a defendant’s actions, the purpose of a wrongful death suit is to secure compensation for the surviving family’s losses. Similar to a personal injury suit, the plaintiff in a wrongful death case can seek economic and non-economic damages from the defendant. However, these are different from those cited in most personal injury cases.
Economic damages commonly cited in wrongful death suits include:
In addition to these direct financial damages, it is also possible for the plaintiff in a wrongful death suit to seek compensation for non-economic damages. These include the pain and suffering experienced by the family due to the death. For example, a surviving spouse can claim compensation for their lost affection and consortium, and surviving children can claim compensation for lost parental guidance and companionship.
The proceeds of a wrongful death suit will go to the victim’s surviving beneficiaries. It is important for the plaintiff to remember, however, that if the facts show that the decedent was partially responsible for causing their fatal accident, it will reduce the final award by a proportionate amount under the pure comparative negligence law of Arizona.
Ultimately, a wrongful death suit may yield a substantial case award, and hiring an experienced Oro Valley wrongful death lawyer to represent your case is one of the most powerful things you can do to increase your chance of success with the claim. Your attorney can streamline your proceedings, ensuring you meet all procedural deadlines, and they can also uncover every form of compensation you can seek from the defendant, enhancing your total case award.
Many people believe that hiring legal counsel is prohibitively expensive, but your attorneys’ fees will be no cause for concern when you choose the Bleaman Law Firm, PC, to represent you. We take civil cases on a contingency fee basis, so your fee will be a percentage of your final award that you will only pay if and when we win your case. There is no financial risk to you in choosing our firm to represent your case.
Contact the Bleaman Law Firm, PC, today and schedule your free consultation with an Oro Valley wrongful death lawyer to learn how our team can help you secure accountability and compensation for your family’s loss.
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