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The Essential Things Every Wrongful Death Claimant Needs To Know

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Did you know that in the state of Arizona, there is a two-year statute of limitations for filing a wrongful death claim? If you have lost anyone due to someone else’s negligence, you have only two years from their death to take legal action.

While this may seem like a long time, it is essential to remember that such claims can be complex and take time to build. If you wait until the last minute, you may not have enough time to gather all the evidence you need to prove your case. In such complex matters, you can take the assistance of reputed attorneys from a law firm that deals with wrongful deaths. You can check online for reputable law firms such as torgensonlaw.com/practice-area/wrongful-death/ to help you with the issue.

What is a Wrongful Death Claim?

It is a civil lawsuit that can be brought against an individual, business, or other entity when the death of another is caused by the negligent, reckless, or intentional actions of that party. 

It can be brought by the surviving spouse, children, parents, or other relatives of the deceased person. In several cases, a personal representative may be appointed to bring the claim on behalf of the estate. This claim seeks financial compensation for the survivors’ losses, such as loss of companionship, support, and income. 

What are the Elements of a Wrongful Death Claim?

To succeed in your claim, the plaintiff must prove that:

The defendant owed the deceased person a duty of care: In other words, the defendant had a responsibility to act in a sure way to avoid causing harm. For example, all drivers must operate their vehicles safely and not negligently cause accidents.

The defendant breached that duty of care: The plaintiff must show that the defendant did not meet the standard of care required by law and that this breach of duty was the direct cause of the deceased person’s death. 

The plaintiff suffered damages as a result: The plaintiff must show that they have suffered some loss, such as financial support, because of the death of their loved one. 

What Claimant Should Do To File A Wrongful Death Claim?

Here are four things every claimant should know:

You must act quickly: As mentioned earlier, there is only a two-year statute of limitations for filing a death claim in Arizona. 

You need to prove negligence: To succeed in your claim, you will need to verify that the defendant owed your loved one a duty of care and breached that duty, which led to their death. 

You may be able to seek punitive damages: In some cases, you may be able to seek punitive damages in addition to compensation for your losses. Punitive damages punish the defendant for their actions and deter others from engaging in similar behavior. 

You need an experienced attorney: Wrongful death claims can be complex, so it is vital to have an experienced attorney on your side. 

So, How are wrongful deaths caused?

 Following are some common causes:

Automobile accidents

– Medical malpractice

– Workplace accidents

– Defective products

Drunk driving accidents

– Intentional Violent crimes such as murder or assault. 

If you have lost a loved one due to someone else’s negligence, it is crucial to seek legal counsel as soon as possible. To learn more about wrongful death claims in Arizona, you can visit websites like torgensonlaw.com/practice-area/wrongful-death/ to get the best possible solution for your needs. An experienced and knowledgeable personal injury attorney can help you understand your rights and options under the law. So, don’t hesitate to take action and get the justice you and your family deserve. 

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What Does a Disability Attorney Normally Do?

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19.4% of people in the world have a disability. Do you think you’re in a situation where you’ll need a disability attorney?

If so, it’s essential that you’ve got knowledge of what the disability attorney near you does. Knowing what they do will help you understand how they can help you in the future.

Read on and check out our comprehensive guide about the best disability lawyers.

What Does a Disability Lawyer Do?

If you’re trying to collect disability or social security payments, but you’re not getting the results you’re looking for, it might be time to hire a disability attorney. A disability lawyer will help handle your case, and the reason that’s beneficial is that they have a working knowledge of the legal system that you might not have.

There are several factors and things that a disability lawyer knows how to do that will positively influence your case’s outcome. Check out what they can do now.

Effective Communicators With Medical Professionals

There are times when you’ll need to communicate with medical professionals to help prove your claim, and they won’t be as willing to help as you need them to be. There are several reasons that medical professionals won’t be as forthcoming with the help you need, like being too busy to sign forms that you need to have signed or not having in-depth knowledge of the disability claim process.

Your attorney will have experience working with healthcare professionals and may do a better job persuading them to complete the documentation you need.

Know the Legal Process

As stated, the legal process can become confusing and challenging if you don’t know what’s going on. Your attorney can make the process easier for you because they understand several aspects of the social security disability hearing.

They know things like:

  • Who will be at the hearing
  • What will be asked during the hearing
  • When evidence needs to be submitted

These are all things that you may not know and could cost you the case if you didn’t have an attorney on your side.

Understand How to Handle the Negatives

There are things in everyone’s medical files that might not show them in the best light and could affect the case’s outcome. Your attorney will know how to properly handle these medical facts so that it works for your case.

Your attorney will know how to present these facts during the hearing. That’s why it’s essential to find legal representation that practices in disability law, such as Sweetlaw.com.

Do I Need a Disability Attorney?

If you need social security or disability payments and benefits, but you’re not sure how to go about it, you need a disability attorney. The attorney can help you get the benefits you’re looking for because they know the legal system and can communicate with medical professionals.

Did you find the information you were looking for? If so, scroll through the other posts that we’ve created for readers like you.

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Seattle Personal Injury Lawyer

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If you are the victim of personal injury as a result of an accident, assault or attack, it may be useful to hire the right law firm specializing in personal injury in order to obtain compensation and defend your interests. Our experienced Seattle Personal Injury Lawyer helps the injured victims of personal injury, auto accidents, motorcycles accidents, and truck accidents etc.

Why Call On Our Firm?

Victims of bodily injury have the right to full compensation for all their injuries through compensation. The use of a victim’s lawyer working solely in the area of compensation for bodily injury is a guarantee of competence and confidence.

Anxious to defend the victims in the respect of our values: rigor, listening, commitment, transparency, responsiveness, we accompany you with expertise and humanity throughout the procedure in order to obtain fair compensation for your damages. And for more than 30 years, 4injured.com has devoted exclusively to the defense and compensation of victims of bodily injury: victims of traffic accidents etc.

Hire a Lawyer Specializing In Personal Injury

It is often necessary to call on a lawyer specialized in personal injury when you or one of your loved ones risks suffering significant sequelae following a road accident, an accident of life, an accident at work, a sports accident, a medical accident, an attack, an assault etc.

In addition, it may be necessary to hire a lawyer, even in the event of minor sequelae, when you encounter disputes with your insurance about compensation for bodily injury suffered.

Personal Injury Lawyer: Role

A lawyer specializing in personal injury assists and represents the victim but also his family in all stages of the compensation procedure and this from the medical expertise.

It may, as a first step, take stock of the victim’s rights by analysing any minutes of the accident, identifying the insurer or body responsible for compensation and examining the various guarantees taken out by the victim and his family.

He can then supervise the medical expertise and will be able to choose an independent expert.

It then negotiates the amount of compensation paid as best it can. The aim is to enable victims to be recognized as victims and to obtain legitimate and full compensation for all damages suffered. And when the victim does not obtain sufficient compensation in the context of an amicable procedure, the lawyer specialized in personal injury assists him in the judicial procedure and refers the matter to the judicial court.

A lawyer specializing in personal injury benefits from an in-depth knowledge of the various problems encountered by victims of personal injury injuries in order to be able to advise, assist and defend them effectively.

He has generally received specialized training in the law of bodily injury but also in criminal matters.

He works with other experts and specialists in personal injury such as doctors, occupational therapists, psychiatrists, neuropsychologists and compensation experts.

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Everything you need to know about Litigation funding

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The litigation funding phenomenon, known in Anglo-Saxon jurisdictions as Third-Party Litigation Funding or TPF, has strongly developed in recent years by virtue of an increasing demand for financial solutions from companies. This demand has been particularly driven by the increase in both the number of litigation matters worldwide and the cost of litigation.

By this method, a third party finances the resources required to undertake and complete a court or arbitration proceeding, receiving a share of the proceeds in exchange, only if the litigant’s claims are upheld. ​​

This is the type of financing that companies and corporations undergoing an expensive litigation usually over $1 million, can benefit from. Corporate litigation could drive a company to bankruptcy. Litigation funding helps them pay attorney fees related to their case, get their company back on track, or pay staff while the case is being litigated until the company succeeds with a settlement on their favor or judgment.

It takes about 2 months to close the transaction and most litigation loans are not approved as the litigation must be very strong before a funder even takes a look at the case followed by approval. Funders accept cases such as Qui Tam, Patent, and Shareholder. To learn more about litigation funding you can visit Baker Street Funding.

The benefits of Litigation funding companies

The law provides a possible remedy for plaintiffs who have suffered damages due to the negligence or recklessness of others. Specifically, federal and state laws allow plaintiffs to sue defendants to recover damages they incurred as a result of defendant’s negligence. Although the effects of an accident can never be undone, compensation for damages is intended to put the plaintiff in the position he / she had prior to the accident, to the maximum extent possible. Thus, for example, compensation may include compensation for medical bills, lost wages, and pain and suffering.

However, plaintiffs often must engage in costly litigation in order to recover such damages. A plaintiff who has costly medical bills and has lost wages may not be in a position to cover the costs of litigation even if the potential awards are important to the plaintiff’s future and the costs of the litigation can be recovered from the defendant. Consequently, the financing of the litigation is important to both the plaintiff and the court system.

Litigation funding can allow a fair conclusion to a legal dispute

The financial pressure associated with recovering from an accident is often a major factor in determining whether a plaintiff accepts a settlement offer from an insurance company or the defendant. Often times, insurance companies and defense attorneys are aware that the defendant has bills and obligations piling up and offer amounts significantly less than what the plaintiff could recover at trial. They think that plaintiffs need money quickly to pay their lawyers and doctors and maintain their health insurance or their homes, and that is why they will agree to a settlement early even if it is for less money than their fair share.

Litigation finance companies can remove many of the immediate financial pressures for plaintiffs. Money obtained from litigation finance companies can be used to finance the litigation itself or to pay the plaintiff’s bills. Without the immediate financial pressures, many plaintiffs will be willing to wait for a better settlement offer or take the case to trial.

Litigation funding can provide the plaintiff with cash quickly

Many litigation finance companies quickly provide cash to plaintiffs who have been approved for these programs. The funds can be used for any purpose. They are often used to pay for medical bills, rehabilitation services, help around the house, and living expenses while the plaintiff recovers from the accident. For many plaintiffs, litigation finance companies can fund months and even years before the court system. This can significantly aid a person’s recovery by reducing the stress associated with accumulated bills and expenses.

Litigation is long, stressful, and expensive. Litigation finance companies can assist plaintiffs in their quest for justice by removing some of the financial barriers that often prevent them from pursuing their case until a settlement is offered or the jury reaches its verdict.

If you are interested in the benefits of Litigation funding, you can visit Baker Street Funding for more information.

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