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Losing a loved one due to someone else’s negligence is a devastating experience. While no legal action can replace the life lost, a wrongful death claim allows surviving family members to seek justice and compensation. However, not everyone is eligible to file a wrongful death claim, and there are important legal guidelines to follow. Here’s what you need to know.
Understanding What Qualifies as a Wrongful Death
Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. Common examples include:
- Car accidents caused by distracted or impaired drivers
- Medical malpractice leading to preventable death
- Defective products that harm consumers
- Workplace accidents resulting from safety violations
The purpose of a wrongful death claim is to hold the at-fault party accountable and recover damages for the surviving family members’ losses.
Who Can File a Wrongful Death Claim?
Eligibility to file a wrongful death claim varies by state, but in Arizona, the following individuals have the right to pursue legal action:
- Spouse of the Deceased: A surviving spouse may file a wrongful death claim to seek compensation for both financial and emotional losses.
- Children of the Deceased: Minor and adult children can pursue claims for the loss of their parent’s guidance, care, and support.
- Parents of the Deceased: If the deceased was unmarried or had no children, the surviving parents might have the right to file a claim.
- Personal Representative: A personal representative of the deceased’s estate can file a claim on behalf of the estate or to distribute compensation to eligible beneficiaries.
It’s important to consult an attorney to confirm eligibility and determine who should take legal action within your family.
Types of Damages Recoverable
A wrongful death claim allows families to seek compensation for various losses caused by the untimely death of their loved one. These damages generally fall into two categories:
- Economic Damages:
- Funeral and burial expenses
- Medical bills related to the deceased’s final injury or illness
- Loss of the deceased’s income and financial contributions
- Loss of benefits, such as health insurance or retirement funds
- Non-Economic Damages:
- Loss of companionship, guidance, and care
- Emotional pain and suffering caused by the death
- Loss of consortium (for married couples)
Every case is unique, and the compensation amount depends on factors like the deceased’s age, earning capacity, and the circumstances of their death.
The Statute of Limitations for Wrongful Death Claims
Arizona law imposes a time limit—or statute of limitations—on filing wrongful death lawsuits. Generally, families have two years from the date of the deceased’s death to file a claim. However:
- Certain factors, like cases involving government entities, may have shorter deadlines.
- Delays in filing could result in the forfeiture of your right to pursue compensation.
Acting quickly ensures that evidence is preserved and that your legal team has enough time to investigate the case thoroughly.
The Role of Legal Representation
Wrongful death claims can be emotionally taxing and legally complicated. An experienced wrongful death attorney can guide you and provide critical support. Here’s how legal representation can help:
- Investigating the Incident: Your attorney can gather evidence, interview witnesses, and work with experts to build a strong case.
- Determining Liability: Identifying the at-fault party is essential, whether it’s an individual, corporation, or multiple parties.
- Calculating Damages: A lawyer can ensure all economic and non-economic losses are accounted for during negotiations or litigation.
- Negotiating with Insurers: Insurance companies often try to minimize payouts. An attorney can advocate on your behalf to secure fair compensation.
- Filing Court Documents: Professional legal guidance ensures that all paperwork is completed correctly and filed within the applicable time frame.
By working with a compassionate and skilled attorney, you can focus on grieving and healing while they handle the legal complexities.
Taking the First Step Toward Justice
The decision to file a wrongful death claim is deeply personal, but doing so can provide financial relief and a sense of justice for your loved one’s untimely passing. If you believe negligence or misconduct caused the loss of your family member, an attorney can assess your case and advise you on the next steps.
Wrongful Death Attorneys
If you are in Charlotte, NC, and have lost a loved one due to a wrongful death, consider reaching out to Shane Smith Law. Our experienced attorneys are here to provide the guidance and support you need to navigate this difficult time. Contact us today at (980) 246-2656 to schedule a consultation and learn more about how we can help you seek justice for your loved one.