Law
The Essential Things Every Wrongful Death Claimant Needs To Know
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
– 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.