There may be nothing more devastating in life than to lose a loved one due to the negligence, recklessness, or carelessness of another person. Whether this other person is driving a car under the influence of alcohol or drugs, failing to follow proper protocols while performing a surgical procedure, cutting corners while caring for an ill patient, or otherwise putting their own interests before the well-being of others, these deaths tend to be untimely and unnecessary, leaving many families to wonder what could have been done differently. While nothing can change the negligence that occurred, the laws in Phoenix allow these families to seek relief through the use of a civil claim for the wrongful death of their loved one.
Fatalities occur in some Arizona accident and injury cases. When a victim has been killed, the person's family may have the right to make a wrongful death claim to compensate them for the loss of a loved one. The death could have been caused by a Phoenix area car crash, medical malpractice, nursing home abuse or neglect, construction accident, bike accident, pedestrian accident, truck accident, premises liability, or from some other type of negligent conduct.
The Arizona Wrongful Death Act provides that fair and just damages may be awarded to the family of the victim. While no amount of money can adequately compensate a family for their losses, a financial award can help ease the monetary burden of life without a family member, especially where the family member was contributing to the family's income. Compensation can also cover other areas of losses including any bills a family may become responsible for after an accident, like medical and surgical expenses. Families who suffer the loss of a loved one can look to make a claim for many kinds of losses and damages such as:
- Funeral Costs: After a death, family members have to pay for a funeral, which can be expensive. We will help to the family's funeral costs.
- Hospital bills: In some fatality accidents, the medical expenses from treatment before death can be very large, sometimes hundreds of thousands of dollars. Injury lawyers will work to have those bills included in the settlement or verdict.
- Loss of income: Sometimes the person killed was earning significant income and the family was depending on him or her for support. The family has the right to make a claim for that loss of income. If necessary, we will employ an expert economist that will give an opinion as to the amount of future income that would have been earned.
- Loss of consortium: You have a claim for loss of companionship, which is no longer getting to spend time and enjoy life with your loved one.
The facts of each accident are important in determining what types of claims are available. In some cases, relief can be sought against the wrongful party directly or the wrongful party's insurance policy. In others, a victim's family may be able to make a recovery against the victim's own insurance. As these claims are fact-specific, it is a good idea to be informed on what rights are available after your loved one's accident.
When a loved one is killed, no amount of compensation can cover the losses experienced by the victim's surviving family members but Arizona law entitles these survivors to certain rights, including a potential right for a financial recovery for their loved one's death. Though the money obtained can never cover the extent of the loss suffered, it can help a family move forward and be financially secure in the future by making sure there is money to pay the bills and put food on the table.
At Abels & Annes, P.C., we know how far one accident can reach and how many lives can be affected by the negligence of one driver, one property owner, one company, or one doctor. We believe that the families of these victims deserve to have an advocate on their side and we pursue all avenues of recovery available so that a family can obtain the maximum possible award in each case.
If your loved one or family member has been killed in an accident of any kind, call us today at (855) 749-5299 or locally at (602) 819-5191 and let us provide you with a free, no obligation telephone consultation. We have a lawyer standing by 24 hours a day to take your call and if we agree to take your case, we will never charge a fee unless we make a recovery on your behalf. There is no risk on your part for taking advantage of the free consultation so please call us today and let us help you and your family.
Though the law provides families with the right to bring a claim for a recovery, these recoveries must be brought within a specified period of time following an accident or they will be barred by law. Therefore, it is a good idea to speak with a lawyer as soon as possible after an accident claims the life of your loved one to ensure that your rights are protected.
If your family member has been killed in an accident, call us today at (855) 749-5299 or Contact Us online for a free case consultation.