Compassionate Prescott Wrongful Death Lawyers
At McDowell & Hicks Law we represent families who have lost a loved one due to the negligent or intentional acts of another in civil actions at law called Wrongful Death actions. Losing a loved one is always hard, but it is especially hard and emotionally traumatic when that loss is sudden and unexpected, particularly if your loved one’s death did not have to happen and could have been prevented. Often, unfortunately, in the midst of a family’s sorrow, the loss of a loved one also brings serious financial hardship upon a family. If you have lost a loved one who was taken from you and your family by the careless or deliberate acts of another, you may have the right to seek justice under the law through financial compensation from the person or persons whose negligent actions took the life of your loved one by filing a Wrongful Death action.
While nothing can bring your loved one back, taking legal action through a Wrongful Death lawsuit to hold the responsible person accountable for the loss of your loved one can help compensate your family for the emotional and financial losses that individual has caused, and the knowledge that the responsible party has been held accountable and financial compensation recovered can help your family move forward from your loss.
What Is a Wrongful Death Claim
In Arizona, under a statute passed by the Legislature called Arizona Revised Statutes 12-611, a person may bring a Wrongful Death action if his or her deceased family member’s death was “caused by wrongful act, neglect or default.” In general, in Arizona, a Wrongful Death action may be brought in situations in which the deceased person, if he or she had survived, could have brought a personal injury action against the negligent other person but a family member brings that action instead in the form of a Wrongful Death action.
Examples of Wrongful Death Actions
Some common examples of Wrongful Death actions are deaths resulting from another’s negligence in car or truck accidents and deaths resulting from bodily assault.
Wrongful Death Claims Can Be Based Upon Negligent Acts By the Person Who Caused Your Loved One’s Death
Sometimes the circumstances involved in the death of a loved result in the arrest and the imposition of criminal charges against the person who caused your loved one’s death. Often, however, that is not the case. Instead, sometimes the person who took your loved one’s life negligently engaged in dangerous behavior, such as running a red light, which under Criminal Law is not considered a crime. Under such circumstances, you and your family may still have the right to seek justice for the death of your loved one through a Civil Court action known as a Wrongful Death action.
Who Is Entitled to a Claim for Benefits In a Wrongful Death Case
In Arizona, in a Wrongful Death action, a surviving spouse, child or children, and parents of a negligently killed deceased person are entitled to a claim for their loss of a loved one. These people are the only persons specifically listed in the statute creating the right to claim benefits through a Wrongful Death action and therefore are referred to as statutory beneficiaries.
Who Can File a Claim for Wrongful Death
In Arizona, depending on the specific circumstances involved, a Wrongful Death claim may be filed by:
The surviving spouse of the deceased person;
The child or children of the deceased person;
The parent or guardian of the deceased person;
The personal representative of the deceased person for and on behalf of a surviving spouse, child, or parent; or,
If none of these persons survive, the personal representative of the deceased person’s estate.
The person who files the Wrongful Death lawsuit brings a single claim on behalf of all the statutory beneficiaries.
Potential Damages in Wrongful Death Cases
The potential damages that can be sought in a Wrongful Death action include:
The reasonable expenses of necessary medical care and services for the injury that resulted in the death;
The reasonable expenses of funeral and burial;
The income and services that have already been lost as a result of the death and reasonably probable to be lost in the future;
The loss of love, affection, companionship, care, protection, and guidance since the death and in the future; and,
The pain, grief, sorrow, anguish, stress, shock, and mental suffering already experienced and reasonably probable to be experienced in the future.
The specific damages out of the above list of potential damages which may be claimed in your family’s Wrongful Death case depend upon the specific facts involved and also upon the family status of the person who has filed the wrongful death action. For example, depending on the specific circumstances, the child or spouse of the deceased person in a Wrongful Death action potentially could have the right to seek damages for the loss of love, affection, companionship, care, protection, and guidance of the deceased person from the time of the death and in the future, while the personal representative of the deceased person’s estate would not.
The Deadlines for Bringing a Wrongful Death Action Can Vary and, Depending Upon the Specific Facts Involved, Can Be Very Short
If you think your loved one’s death may have been caused by the fault of another, we encourage you to promptly call us to learn whether a Wrongful Death action may provide your family with a way to seek justice for your loved one’s death. It is important not to delay getting in touch with our skilled and compassionate wrongful death lawyers because, in some circumstances, the time for bringing a Wrongful Death action can be very short due to time deadlines imposed by laws known as Statutes of Limitations. For example, there are strict time limitations for bringing a Wrongful Death action against a governmental entity which, when a Notice of Claim is involved, can be as short as 180 days.
Here at McDowell & Hicks Law, you can call us for a free, no obligation consultation to learn whether a Wrongful Death action may provide your family with a way to seek justice for your loved one’s death. We will treat you with respect and listen to you carefully, with compassion and empathy for your loss, to understand the circumstances of your loved one’s death and the effect that death has had on your family. Then, after listening to you and reviewing any evidence you can provide, we will determine whether you may have a potential Wrongful Death case as a way to seek justice for your loved one’s death.
If your case is one of the types of Wrongful Death cases which we handle and we take your case, you can rest assured that we will devote our full efforts and expertise to helping your family and your loved one get the justice they deserve, all the while being fully respectful and understanding of the grief and mourning process you and your family are going through.
Most families who have lost a loved one through the negligent or other wrongful acts of another cannot afford to pay hourly attorney rates. That situation could result in injustice, potentially leaving the grieving family without legal representation, trying to legally take on the person who caused your loved one’s death and that person’s giant insurance company with its army of specialists, including its lawyers, alone. However, at McDowell & Hicks Law, our legal fees are contingency fees, meaning that you and your family owe no attorney fees unless we obtain compensation for you either by settlement or award.