The unexpected tragic loss of a family member could turn a family upside down. The stress and heartache associated with such a loss should come as no surprise. However, few consider the financial impact that comes with an unexpected passing. For dependents that relied on assistance from their deceased relative, the future may be murky.
If another person’s negligence is responsible for the death of your family member, you could have a claim for monetary compensation. By filing a Gilbert wrongful death suit on your behalf, a seasoned injury attorney might be able to ease the financial burdens you have faced since the passing of your loved one. To learn more, contact a compassionate Gilbert wrongful death lawyer today.
State law defines wrongful death as one caused by a wrongful act, neglect, or default. Under Arizona Statute 12-611, a wrongful death claim includes any case that would qualify as a personal injury lawsuit. Given that an estate may not bring a negligence claim, a wrongful death suit is the only option.
The law places limits on potential plaintiffs in a wrongful death case. These limits vary significantly from one state to another. In some jurisdictions, only a representative of the deceased person’s estate may file a wrongful death lawsuit. Other states provide a complicated framework to determine the party with the right to file suit. Arizona takes a more liberal approach.
According to Arizona Statute 12-612, there are several categories of surviving relatives that have the right to file a Gilbert wrongful death suit. These categories include the decedent’s:
Any party that falls into a category described above has the right to file a lawsuit with the help of a Gilbert wrongful death attorney.
The damages available in a Gilbert wrongful death lawsuit are centered around compensation for monetary losses. These damages fall into one of two categories. The first type of damages deals with losses resulting directly from the death of a loved one. These include burial costs, funeral expenses, and medical bills resulting from the deceased person’s final injury or illness.
The second type of damages involves losses that impact the surviving heirs. These damages include the loss of consortium, the loss of household services, and the loss of companionship.
The damages available in a Gilbert wrongful death case often vary depending on the facts of the case. Another important factor is the person bringing the suit. For example, a spouse has grounds for loss of consortium damages while a surviving parent does not.
Following a successful settlement or trial verdict, the surviving heirs of the deceased person must agree on how to split the damage award. If an agreement falls apart, the court may decide how to split the damages. For more information about recovering damages, contact a dedicated lawyer.
No amount of money would ever bring back a lost relative. However, a Gilbert wrongful death lawsuit may bring some financial stability to the surviving relatives of a deceased person.
If you think you have a strong wrongful death claim, you could benefit from discussing your options with a Gilbert wrongful death lawyer. Call right away to schedule your free initial consultation.