Scottsdale Wrongful Death Attorney
Wrongful Death Lawyer
Whenever one party injures another party and/or causes economic damages, the injured party can pursue a recovery from the incident with a personal injury claim. However, if the victim is lost as a result of a personal injury, their loved ones will need to prepare for a wrongful death action instead. If you live in the Scottsdale area and recently lost someone in your family because of someone else’s actions, it’s vital to know what to expect from filing a wrongful death suit.
Compassionate Legal Counsel for Wrongful Death Claims in Scottsdale, AZ
This type of civil claim shares many procedural similarities with a personal injury case. However, while a personal injury case aims to secure compensation for the victim’s losses, a wrongful death claim focuses on securing compensation for the surviving family’s losses. Luis P. Guerra, LLC can provide detail-oriented, and responsive legal counsel that you and your family members need in the aftermath of an unexpected death of a family member caused by intentional misconduct or negligence.
Common Causes of Wrongful Death Claims in Arizona
The core of any wrongful death claim is fault, so the plaintiff filing the case must identify the party responsible for the death in question and go on to prove exactly how they caused the death. A few of the most commonly reported causes of fatal injuries that generate wrongful death suits are:
- Motor vehicle accidents. If you lost someone in a fatal car accident, an auto insurance claim against the driver is unlikely to adequately compensate your family. Distracted driving, speeding, and driving under the influence of drugs or alcohol are just a few examples of how fatal motor vehicle accidents can happen. Your Scottsdale wrongful death attorney can help you prove exactly how the fatal accident happened and hold the at-fault driver appropriately accountable.
- Medical malpractice. Unfortunately, while thousands of residents trust medical professionals to provide safe and effective treatments, medical negligence is one of the leading causes of accidental deaths in the United States each year. This type of wrongful death suit will involve a few unique legal considerations that demand the attention of an experienced Scottsdale wrongful death attorney.
- Dog attacks. Dogs are widely popular pets in the United States, but it’s possible for a dog to inflict severe or fatal injuries. If you lose someone close to you in a fatal dog attack, the owner of the dog is liable for the wrongful death.
- Premises liability. Whenever a property owner fails to take appropriate care of their property in a manner resulting in injury to a lawful guest or visitor, the property owner absorbs fault for the resulting damages. If you lost someone in a fatal slip and fall accident or similar accident on private property, you could begin a wrongful death suit under Arizona’s premises liability laws.
- Intentional criminal actions. It’s possible for a criminal act such as an armed robbery, burglary, or assault to result in the death of a victim. In this situation, the at-fault party not only faces a wrongful death claim from the victim’s family but also criminal prosecution from the state. Any criminal act that results in death is likely to lead to felony charges for the defendant.
This is not an exhaustive list of all the possible causes of wrongful deaths. No matter how you lost your loved one, if you believe any other party is directly responsible for causing the death, it is crucial to reach out to an experienced Scottsdale wrongful death attorney as soon as possible.
The right attorney will help you gather the evidence needed to firmly establish fault for the death of your family member. This may require physical evidence from the scene of the fatal incident, testimony from witnesses who saw the death occur, or even testimony from expert witnesses whose professional insights can clarify the complex details of a fatal accident. Ultimately, every case is unique, and you need legal counsel from an attorney capable of addressing the complex details of your individual case.
Damages Claimable for Wrongful Death Lawsuit
Money cannot bring your lost loved one back, but an appropriate case award for a Scottsdale wrongful death claim can ensure accountability for the at-fault party, provide the family of the victim with a sense of closure, and help them adjust to their new reality more easily. A wrongful death suit can include compensation for the following:
- Funeral and burial expenses for the deceased.
- The cost of the deceased’s final medical expenses.
- Lost income provided by the decedent to their family. An attorney could help the surviving family prove how much income the deceased may have continued to provide in the future if they had lived through the incident in question.
- Lost value of household services that the deceased provided.
- Loss of affection, care, consortium, guidance, and comfort the deceased provided. The family can recover compensation for their pain and suffering, and there is no limit to the amount they can seek for their non-economic damages.
It is also possible for the surviving family to claim compensation for any losses sustained by the estate of the deceased, depending on how the death occurred and the range of its resulting effects. The defendant who caused the death could also face punitive damages or restitution to reflect the severity of their actions. Ultimately, your case may be worth more than you initially anticipated when you hire the right attorney to represent you.
Most civil claims end in settlement, but you must be prepared for the possibility of your case going to trial if the defendant denies liability for the death, contests the range of damages sought by your family, or in light of criminal misconduct. Whatever your case involves, you can rely on Luis P. Guerra, LLC, to provide the ongoing compassionate legal support you need to approach the situation with confidence and reach the optimal outcome.
Scottsdale Wrongful Death Lawyer FAQs
Q: How Long Do You Have to Start a Wrongful Death Action in Scottsdale?
A: Arizona law places a two-year statute of limitations on most wrongful death claims. The surviving beneficiaries must file their wrongful death suit within this two-year timeframe. However, if the cause of death can’t be immediately determined, or if the at-fault party concealed their fault and it takes time for the family to discover the cause of death, the statute of limitations may “toll” or delay until the date of discovery.
Q: Who Can Start a Wrongful Death Claim?
A: Under state law, the statutory beneficiaries may start a wrongful death claim. The surviving spouse is usually first to start a wrongful death claim, followed by other immediate family members such as children, parents, and siblings. Next in line would be extended relatives of the deceased person, followed by anyone who proves that they depended on the deceased financially. If the deceased did not have any family or beneficiaries, the personal representative of their estate might start a wrongful death claim.
Q: How Much Is a Wrongful Death Case Worth?
A: The total value of any wrongful death claim hinges on many variables in Scottsdale, AZ. The family filing the claim can seek compensation for any and all economic damages associated with the death in question, such as the cost of the victim’s final medical bills, funeral/burial expenses, and loss of financial support the deceased provided. Plaintiffs can also seek compensation for pain and suffering and other non-economic damages, such as loss of consortium for a spouse or loss of affection, care, and guidance for the deceased’s surviving children.
Q: Do I Need an Attorney to Start a Wrongful Death Claim in Scottsdale?
A: There may not be a law that explicitly requires you to hire legal representation for a wrongful death claim, but it is wise to invest in trustworthy legal counsel for this type of case. Without legal representation, you could make procedural mistakes with the claim, overlook key evidence, or unintentionally receive less compensation than you legally deserve. A Scottsdale wrongful death attorney is the optimal asset to have on your side for maximizing the results of any wrongful death case.
Q: How Long Will It Take to Complete a Wrongful Death Action in Scottsdale?
A: Most civil claims for damages are resolved through private settlement negotiations. The parties involved in a case will meet to discuss mutually agreeable terms, and if the parties can agree on a resolution, they may be able to settle the case in a matter of weeks. However, if illegal misconduct caused the death, a criminal trial is likely to ensue and complicate the surviving family’s civil claim. Your Scottsdale wrongful death attorney can offer an estimate of your case’s most likely timetable.
Luis P. Guerra, LLC, is ready to provide the compassionate legal support you need to approach a wrongful death suit with confidence and peace of mind. Our firm has years of professional experience handling all types of difficult civil cases, and we know the tremendous emotional stress any family can experience in the aftermath of an unexpected death. If you are ready to take full advantage of your options for legal recourse in response to your loved one’s death, we can help. Contact us today to speak with a Scottsdale wrongful death attorney.
Read What Clients Say About Us
Total rating 5★ Quality of Representation Excellent!!! These attorneys understand all that is required to achieve favorable results. Talking with Mr. Shapiro and Mr. Guerra is easy and comfortable. I highly recommend this law firm.
I was badly injured in an accident at work. I hired a well-known attorney to represent me, but it wasn’t till Luis Guerra and his firm joined my case that things actually began to take off. Luis Guerra took my case personally and fought hard for me like I was family. I truly believe that if it wasn’t for him I would not have received the settlement that I did! He is an aggressive and HONEST attorney who will fight for what is right. His entire firm is filled with love and compassion for the victims. In the unfortunate event that you or a loved one is injured, I would HIGHLY recommend Luis Guerra.
Not only did Mr. Guerra and Mr. Shapiro meet their reputation but by far exceeded my expectations. They are diligent advocates for their clients, professional and extremely responsive to all inquiries. Most importantly, they had the expertise and genuine personal concern for my well-being that inspired confidence and ultimately resulted in an outstanding result. Mr. Guerra and Mr. Shapiro are attorneys that are truly interested in the welfare of their clients. I highly recommend having their team on your side for any case.
Mr. Luis Guerra is one of the most caring and compassionate people I have ever met. Thank God there are still people like him in the world. He carefully explained the entire process to me so I was aware at all times what was going to happen next.
The quality of representation we received was of the highest anyone could expect. It was a privilege to work with Luis and his staff. I am extremely grateful that I chose you to be our attorney. I am relieved that this matter has been concluded. Thank You for representing us. God Bless You.
14631 N. Scottsdale Rd., #200,
Scottsdale, Arizona 85254
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