There are no words that can describe the way it feels when you lose someone in a terrible accident. We want to extend our deepest sympathy if you have lost a loved one. There is a lot to take care of when you unexpectedly are hit by a loss like this and you might be overwhelmed thinking about filing a wrongful death claim. We want you to know that we will do everything in our power to make this is simple as it can be. We want to free you from the stress of a case and allow you to grieve and take care of matters within your family. After you read about your claim, please do not hesitate to give our office a call to set up a free consultation with our caring and skilled Arizona wrongful death attorney.
Common Types of Wrongful Death Accident
Wrongful death is a broad term for a lot of different things. Wrongful death cases most commonly happen from:
- Auto accidents
- Construction accidents
- Bike and pedestrian accidents
- Medical malpractice
- Nursing home negligence
These accidents often cause severe injuries in the best cases and in the worst cases, in which you are here for, they cause fatalities. It is most unfortunate to see this happen and we want to do everything we can for the surviving family members of the lost loved one.
Statute of Limitations
Arizona permits two years from the date of the accident for you to bring your claim. Within those two years, we urge you to hire an attorney right away. You should not wait to hire an attorney, as they need time to build you a strong case. If you call an attorney a few days before your statute of limitations runs out, they most likely will not be able to help you. These cases require investigation and prep work in order for them to be successful. That cannot happen overnight. The sooner you can get to an attorney, the better off your case will be.
Do NOT Talk to the Insurance Company
As horrible as it may seem, the insurance company has a goal that involves giving you as little compensation as possible. They do not want to be held completely responsible for the actions of their insured. If they get an opportunity to reduced compensation or throw out your wrongful death claim, they will take full advantage of that. If they call you shortly after you bring your claim, or your loved one passes away, be very careful about what you say. The best thing to do is not talk to them at all. They will be asking you for a recorded statement and that could be detrimental to your case. We urge you to let your Arizona wrongful death attorney take care of all communication with the insurance company for you.
How Compensation Works
There are two types of compensation that the family of the deceased can collect. There is wrongful death compensation that accounts for the lost potential wages that they would have provided in their life as well as loss of consortium or loss of normal life. There is also another form of compensation that has to do with the pain and suffering of the lost loved one. If they were killed instantly in an accident as opposed to having suffered for days due to medical malpractice, that will affect this compensation. There is a hierarchy involved in who can bring a claim. Typically it will be family members who relied on the deceased financially. If there are children, a spouse, parents, or financially dependent siblings, they will be the first ones in line to receive compensation. To be very sure about who is able to bring what claim, you should talk to an attorney as soon as possible.
Frequently Asked Wrongful Death Questions
What Do I Do After a Wrongful Death?
If you are dealing with a wrongful death claim in the state of Arizona, there are a couple of things that you want to do right away. You want to hire the right attorney to assist you in preserving the evidence that’s going to be necessary to handle the case to be able to get the full and fair value of the case. It’s also very important that you hire the right attorney who has experience in handling wrongful death cases, understands the law, and regularly works with wrongful death. You should look to get a trial attorney involved because you want somebody who can push a case to make sure that you get a fair resolution for your wrongful death claim.
What Mistakes Can I Avoid in a Wrongful Death Claim?
We see clients for wrongful death make mistakes frequently by not hiring an attorney quickly enough. You’ve got to get the evidence preserved and make sure that the information gets gathered. While that’s a difficult thing for somebody who’s grieving, you do need to get an attorney involved in that process to protect evidence.
The other common mistake is hiring the wrong attorney. You need to have somebody who regularly handles those type of cases, has the experience with those type of cases, and is a trial lawyer who is willing to push the case as far as you need to get a fair resolution for that claim.
Can I Afford an Attorney?
If you are dealing with a wrongful death claim, you probably have a lot of questions about how you can afford an attorney to pursue the claim when you’ve already suffered such a significant loss. The good news is, when you hire us, there’s no out-of-pocket costs. We pursue the case through whatever stage is necessary until we get a fair resolution. Only when we get a fair resolution do you pay anything on a claim.
Will My Case Go to Trial?
If you have a wrongful death claim, you may be wondering if the case has to go to trial or if you will have to go to trial and testify. That’s a difficult thing to figure out at the beginning of a case.
One of our jobs is to make sure the insurance company has the information they need so that they can make appropriate offers. If they make a fair offer, the case can be resolved short of trial which most cases are.
The one thing about hiring a trial attorney is if a case needs to go to trial, we will be prepared. We will make sure that you’re prepared for trial if that’s what has to happen to get you fair resolutions.
How Much Will My Case Be Worth?
If you’re looking for information on the value of a wrongful death claim, unfortunately, it’s because somebody that you know has recently died because of the negligence of someone else. We’re sorry to hear that. Determining the value of a claim is difficult initially because we need to gather information about how much that person contributed to the family, and how much impact they had.
Also, you need to address issues about the love and support that’s been lost for those who remain. Those are the types of things we are going to look at. Every case is different. We need to gather some of that information before we can decide what the value of a claim is.
How Long Will the Case Take?
If you’re trying to get information about a wrongful death in the state of Arizona, unfortunately, it’s because somebody you know has died. We’re sorry to hear that. You may be wondering how long it will take to get the case resolved.
Wrongful death is a little bit different than most personal injury cases and for the most part, they tend to get resolved a little quicker. It’s not uncommon for us to resolve these cases in nine months to a year. That’s fairly common with these type of cases.
Obviously, every case is different. It’s not a guarantee that we can get everything done in that time.
Call Our Office Today
If you are looking for a strong, dedicated Arizona wrongful death attorney, please call our office today to set up a free consultation. At Swenson and Shelley, we will make sure you are on track to have a successful claim. We will work hard to ensure we cover all of the bases to get your family the compensation that they deserve.