If you have lost a loved one due to an accident, you may be able to file a wrongful death lawsuit against the negligent party and others who might also have contributed to your injury. Since 1988, the Garrison Law Firm has been helping families in the Peoria, Arizona, area, as well as clients throughout the state of Arizona and beyond, with their wrongful death legal concerns. Phoenix wrongful death lawyer Kevin Garrison has considerable experience representing families whose loved ones have died in an accident.
Contact attorney Kevin Garrison by phone at 623.915.1100 or toll-free at 877.915.1100 to arrange for your free initial consultation.
What Is a Wrongful Death Action?
The relatives or the estate of the deceased may bring a wrongful death action against the negligent person, business or public entity that caused the accident. In essence, the plaintiff steps into the shoes of the deceased and brings a claim against the negligent party, much as the deceased would have had he or she lived.
Who Can Bring a Wrongful Death Claim?
In Arizona, claims for wrongful deaths are controlled by statute. Only certain identified relatives such as the spouse, children and parents may bring a wrongful death claim under the statute. There can only be one plaintiff in a wrongful death action. If there is more than one eligible party and they do not agree on an attorney, their actions will be consolidated. One party will act as the plaintiff and have a fiduciary duty to the other beneficiaries. This means that he or she must act in good faith when conducting the action and in distributing any proceeds to the other beneficiaries.
If there is no surviving spouse, child or parent, then the estate of the deceased person may make a wrongful death claim. In that case, any compensation received will be disbursed in accordance with the will or the laws of intestacy.
Compensation for Wrongful Death
No amount of money can make up for the loss of a parent, spouse or child. However, after a fatal accident takes the life of someone the family depends on, the family may be left with funeral costs, medical expenses, and a loss of income in addition to the loss of companionship.
In wrongful death cases, damages and benefits recoverable may include:
- Medical bills and expenses
- Reimbursement for past and future lost income
- Funeral and burial expenses
- Damages for pain and suffering
- Reimbursement for loss of companionship
- Punitive damages
Time Limit for Bringing a Claim
Generally, in the state of Arizona, wrongful death claims must be brought within two years from the date of death. There are some limited exceptions, however. For example, in cases of workers' compensation or where the negligent party was a government entity, the claim must be brought within one year. If the plaintiff is a minor or mentally incompetent, the statute of limitations may be longer. Attorney Kevin Garrison can evaluate your claim and determine whether you can bring an action within the time limit.
Experienced Peoria Accidental Death Lawyer
Kevin Garrison has considerable experience in handling wrongful death claims, and he will work with you and your family in striving to ensure that you receive just compensation for the losses you have suffered. Kevin helps clients and their families who have suffered a wrongful or accidental death from any serious accident owing to the negligence of another, including car accidents, truck accidents, and nursing home neglect.
We Help You Get the Results You DESERVE
If you have lost a loved one due to the negligence of another, you may be able to bring a wrongful death claim against the negligent party. Please contact Kevin Garrison by phone at 623.915.1100 or toll-free at 877.915.1100 to find out how he can help you. Kevin offers a free initial consultation and provides free phone advice so that you can make an educated decision.
