The Ultimate Guide to Filing a Wrongful Death Claim in Mesa
A wrongful death is a death that occurs because of another’s negligence. A wrongful death can occur when someone dies in a car crash that was another person’s fault, when someone dies because they used a faulty product, when someone dies because a property that was not maintained fails, and so on. There are many reasons why a wrongful death can occur, and in each case, the person who is responsible (due to their negligence) should be held accountable.
A Mesa wrongful death attorney can help you understand whether you have a legal case if you believe that your loved one was killed because of another’s carelessness. You may be able to bring a wrongful death or personal injury lawsuit. Here’s what you need to know:
Who Can File a Wrongful Death Suit?
Just because you know someone who you believe died as a result of another’s negligence, or even if you have a loved one who died, doesn’t meant that you can file a wrongful death suit. You have to have had a specific relationship with the person who died.
If you were married to the person who died, you can file a wrongful death suit, but you can’t file if you were just living together or even had been in a committed relationship for years. You can also file the suit if you are the child of the person who died or the parent, but you can’t file if you are the grandparent or the sibling of that person.
Consult with a wrongful death attorney to better understand your rights to file a suit. For example, you may not be able to file a suit if your boyfriend was killed, but you may be able to file on behalf of the minor children you shared. An attorney can help you understand your rights.
“Damages” refers to the money you can ask for in your lawsuit. Damages can be both measured and immeasurable. For example, you can sue for the loss of earning capacity, which is measured based on the deceased’s previous earnings and the rate at which they were expected to increase. You can also sue for loss of inheritance based on what the person was projected to make in their lifetime, and you can sue for the loss of direct financial support you received.
Damages that are harder to quantify include payment for mental and emotional distress and the loss of love and companionship. An experienced wrongful death attorney will guide you on the appropriate amount to ask for, and will then put together the strongest case for getting you that amount.
Timeline for Filing a Lawsuit
You don’t have all the time in the world to file a wrongful death lawsuit. In Arizona, the law gives you only two years after the person’s death to file your suit.
If you discover new information about the death that gives you reason to believe that it was the result of another’s negligence, you may be able to file after more than two years have passed. A personal injury attorney will be able to review the information and help you understand if you can file a lawsuit.
The most important thing you can do after a loved one dies as the result of another’s negligence is to contact a wrong death attorney near you. An experienced injury attorney can help you understand your rights under the law and how you can move forward to protect your family and to get some kind of justice for your loss.
Injury Lawyers Mesa may be able to help if you believe that a loved one was killed because of someone else’s mistake. That might include a faulty driver, a negligent company, or a negligent property owner. We represent clients in a variety of wrongful death cases. Our goal is to help our clients get the maximum compensation that the law allows in as short a timeline as possible so that they can start rebuilding their lives and healing from their loss. Our attorneys provide compassionate representation, and they can help guide you through every step of the legal process. Call our firm in Mesa today to talk to one of our personal injury lawyers.