It is always a tragedy to lose someone you love, and when that person dies because someone else was careless or did something negligent, it makes the situation even worse. The emotional toll it takes is bad enough, but the financial hit can be just as staggering. If someone you love has died this way, you really ought to contact a Phoenix wrongful death lawyer.
These legal experts specialize in getting justice for the deceased and making the people who caused the death pay for what they did. Phoenix law sets out specific standards for what constitutes a wrongful death, and the lawyers here know how to work under those standards. Wrongful death lawyers in Phoenix AZ look for several important factors, meaning these cases need an attorney well-versed in a specific area of the law.
A wrongful death case requires showing that the death was a direct result of another party’s negligence or wrongful act. Much work goes into these cases ahead of time, and it isn’t an easy process; for the attorney or the family. On the legal end, it requires gathering all sorts of evidence, figuring out who is liable, as well as what kind of damages should be recovered.
Establishing Legal Standing and Relationship to the Deceased
The wrongful death attorney’s initial priority is to ascertain the individuals who hold the legal right to file a wrongful death claim. Arizona law restricts the eligibility to certain immediate family members – such as a spouse, child, or parent, and the legal representatives of the deceased’s estate. These folks must be clearly established as the legally recognizable family before any further probing can happen.
Identifying the Cause of Death and Liability
A main part of the investigation consists of finding out just how and why the death came about. Was it caused by a vehicle mishap, a negligent doctor, a faulty product, or a worksite danger? Identifying the true cause is essential in deciding whether a claim can be made under Arizona’s wrongful death statute. This is where a Phoenix wrongful death lawyer is indispensible.
After identifying the cause, liability must be determined next. The attorney looks into whether the death occurred due to careless or imprudent behavior, or downright illegal actions. This means poring over police files, medical records, and statements made by witnesses to the event. Whatever the details, the end result must point to a specific person, business, or entity that can be held responsible.
Gathering and Preserving Evidence
Strong, well-preserved evidence forms the basis of successful wrongful death claims. When a claim is made, the first part of the process is gathering evidence and documentation. This all starts with the attorneys involved. They begin constructing the case by collecting any number of vital documents.
These might include accident reports, photos of the scene, and even communication records that would help support the case (emails, text messages, or log entries, for instance). And this is just the start. After that, various medical experts, accident reconstruction specialists, and financial/economic forecasters are often involved in preparing more evidence.
Consulting Medical and Forensic Experts
Evidence related to medicine forms the basis of any investigation into a wrongful death. When these kinds of cases are brought to court, lawyers often consult with medical experts, such as pathologists, toxicologists, or forensic scientists, who can provide a clear picture of the cause of death.
If the death involved some kind of medical negligence, independent medical experts will be brought in to determine whether standard protocols were followed and if deviation from the standard led to the fatal outcome.
Calculating Economic and Non-Economic Damages
Establishing blame is only half of a wrongful death claim’s basis. The other half is reclaiming the financial and emotional costs that the surviving family members have had to absorb. Phoenix wrongful death lawyers evaluate two classes of damage:
Economic Damages:
- Medical bills
- Funeral expenses
- Damage to property
Non-Economic Damages:
- Pain and suffering
- Loss of companionship
- Emotional distress
Understanding Local and State Laws
Attorneys for wrongful death in Phoenix are required to possess a thorough knowledge of both the relevant laws of the state of Arizona and the specific court procedures of the local jurisdiction. Arizona’s statute of limitations for a wrongful death action is usually two years from the date of death.
Lawyers in this area of practice will consider many factors (such as the recent discovery of evidence or the plaintiff’s age) that could possibly prolong or shorten the timeline.
Dealing with Insurance Companies
Another significant part of a wrongful death investigation is dealing with insurance providers. Whether it’s a life insurance policy, an auto insurance carrier, a medical malpractice insurer, or a commercial liability policy, lawyers must negotiate on behalf of their clients with these powerful companies to secure a fair settlement.
Providing Emotional and Legal Support
In addition to the legal intricacies, Phoenix wrongful death attorneys provide much-needed emotional support and direction during a trying period. Numerous law firms can refer families to grief counselors or support groups. But even without those referrals, a good lawyer is a source of significant comfort and direction because they understand both the legal and the emotional landscapes of this tragedy.
Phoenix Wrongful Death Lawyers Will Give Your Case the Attention It Deserves
Investigating a wrongful death is a painstaking job. It demands great attention to detail and thoroughly probing into every aspect of the case. Not only are wrongful deaths some of the most difficult and complex cases for attorneys to handle, but they are also emotionally charged for both the surviving family members and the lawyers involved. After all, the losses these families have suffered are immense and almost unspeakable, with far-reaching effects that touch every corner of their lives.
For bereaved families, having a committed legal advocate can be a key part of the recovery from grief. It offers a way to achieve not just justice but also financial security and closure. When selecting a wrongful death attorney in Phoenix, it’s essential to find someone with experience and compassion, someone who’s thorough, and knows precisely what to do and how to win.
