Common Mistakes In Arizona Wrongful Death Claims
Filing a Wrongful Death Lawsuit: A List Of Mistakes To Avoid
When someone’s negligence causes a loved one’s death, you may be entitled to compensation via a wrongful death claim. This type of claim is brought against a defendant who caused a death, as the result of negligence or an intentional action. In a wrongful death claim, a person close to a deceased person is able to file a lawsuit with their Mesa wrongful death attorney against the party who is legally liable for the death.
Generally speaking, a wrongful death claim can be filed after situations in which a victim would have otherwise had a personal injury claim, but is instead killed as a result of the defendant’s wrong actions. This can take place after a variety of situations, including when a person is killed intentionally, after a medical malpractice that resulted in death, and in car accident fatalities. Many other situations can qualify for a wrongful death lawsuit as well. One exception is work injuries resulting in death, which must be handled through the worker’s compensation system.
In order for a defendant to be held liable for a wrongful death claim, the plaintiff must meet the burden of proof that the victim was owed a duty of care by the defendant, that the defendant failed in their responsibility, and that this breach of responsibility directly caused the death. Additionally, the plaintiff must provide that the death caused the specific damages that they are trying to recover.
In the aftermath of a difficult situation, it can be difficult to take the right steps to get the maximum compensation, and it’s easy to make mistakes that can negatively affect your potential court case. Follow this advice from Glendale personal injury lawyers to avoid these common mistakes and give yourself the best possible chance of winning a wrongful death lawsuit.
Waiting Too Long To File Your Wrongful Death Claim
In Arizona, a wrongful death claim must be filed within two years of the person’s death. Waiting too long to contact a lawyer and file your claim means the court will refuse to hear your case and you’ll lose your chance for compensation. If you want to sue for wrongful death, it’s important to begin the process of filing your lawsuit as soon as possible, because it can take several months for your legal team to investigate and prepare a solid case. Evidence will become more difficult to obtain as time goes on, so don’t delay.
Talking To The Defendant’s Insurance Company
It’s vital to recognize that in a wrongful death claim, the defendant’s insurance company is not interested in meeting your best interests; the goal of an insurance company is to make a profit and pay out as little as possible in any claim. This means they are likely to offer you a settlement that is far below what you may be legally entitled to receive. To do this, an insurance company may use even a seemingly innocent conversation against you. Avoid this common mistake that can seriously hinder your case by never talking to the defendant’s insurance company without advice from your Mesa wrongful death attorney.
Accepting a Wrongful Death Settlement That Ts Too Low
A wrongful death settlement should compensate you for a variety of expenses, including but not limited to:
- The deceased person’s medical expenses up to the time of their death
- Funeral and burial expenses
- Loss of the deceased person’s future earnings
- The pain and suffering of the deceased person in their final moments
- Your own loss of the deceased person’s care, financial support, or companionship, called a survival claim
After you’ve accepted a settlement, you cannot go back and ask for more money later. Accepting a wrongful death settlement is a significant decision that should be approached carefully, especially if your claim includes loss of income that was vital to your family’s financial support. You’ll want to listen to the advice of your Mesa car crash lawyers and think carefully about the settlement before accepting, so it’s important not to make a quick or premature decision.
Thinking You Can Settle Your Case On Your Own
Settling a wrongful death claim requires an experienced attorney who can represent your assertively and professionally. Hiring a trusted Mesa wrongful death attorney is worth the investment because your legal team will be able to fully assess the value of your case, gather evidence to support the defendant’s negligence, prepare testimonies, and negotiate on your behalf with an insurance company. Get the compensation you deserve and don’t settle for less by trying to manage the situation on your own.
Contact Mesa Accident Lawyers In Case You’ve Lost a Loved One Due To Negligence
Wrongful death lawsuits can be painful and overwhelming, but the expert legal team at Injury Lawyers Mesa will approach your case with expertise and compassion. We will manage every aspect of your case from start to finish so you can receive the compensation you deserve. Contact our office to set up your free consultation, where you can share your story in a safe and confidential environment, and learn about your options with a wrongful death lawsuit.
1731 West Baseline Road Suite #103
Mesa, AZ 85202
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