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Arizona Wrongful Death Attorney
Has any of your family members ever died in a car accident, industrial accident, negligence caused by a medical personnel?
Do you think the cause of death, of your loved one was not clearly explained to you?
Do you think that, something is not right, and that somebody is trying to cover up things?
Then you definitely have grounds to claim a wrongful death.
Wrongful death is an avoidable tragedy that would not have happened but for the negligence of the other and according to the Arizona State Law “wrongful death” defined as a death which has been caused by a wrongful act, neglect or fault of another individual. As per the Arizona Revised Statutes, wrongful deaths are mentioned under Sections from 12-611 till 613.
As per the laws,
Section 12-611: A plaintiff has a right to sue the responsible parties under wrongful death charges, if the deceased party, at the time of his/her death could have filed a personal injury suit, based on the wrongful or negligent conduct that would later lead to their death.
Section 12-612: Under such conditions a wrongful death claim, can be filed by the spouse, children, parents or guardians or the legal representatives of these relatives of the deceased. As the deceased is no longer alive to file a case for himself, parents or guardians, legal on the deceased’s behalf. If no such relative is available Instead, certain family members or the deceased person’s estate may bring a wrongful death lawsuit to court. There is a specific clause in the ARS according to which siblings and other relatives, same-sex partners, or common law spouses.
Section 12-613: This section of the law states damages than can remunerated to the plaintiffs, if the charges are proved against the responsible parties. According to this section of the law, the court makes an estimate of damages caused to the plaintiff, after proper analysis of The financial dependency of the survivors on the deceased, how much did the deceased earned before his death, what could have been the deceased’s potential future income, the expenses that would be incurred in the funeral and related services plus damages caused on an emotional basis.
There are a lot of things that can go wrong while filing a wrongful death suit, and any of the mistakes on your part might cause to lose the claim entirely. Which is why it is necessary that for filing such a claim, you take help of a professional wrongful death attorney. Sedona Wrongful Death Attorney will make sure that nothing goes unnoticed, that might be of vital importance to your case.
A case might be easy to register in the court of law, but there are certain things that you should keep in mind before you see a wrongful death attorney for filing a suit.
• This is a civil suit filed by the bereaved party for recovery of damages, on behalf of the deceased.
• The statutes of the law put a time restriction on the filing of suit qualifications of the bereaved and the reasons which might prove the validity of the charges filed in the future proceedings of the case.
• The first thing that your wrongful death attorney will have to prove in the court of law is the breach of duty. It’s a moral obligation the defendant owed to the deceased, of ensuring their safety, while carrying out their own function. For e.g. if the defendant is a company who has not taken necessary precaution to ensure their employee’s life, leading to the demise of the worker. That would be clearly considered as a breach of duty.
• Another thing that you should know about is causation even though, defendant’s action might not have directly led to the death of the deceased, but due to intrinsic factors and insubordination on the part of the worker, then the defendant is not liable to pay the damages. For e.g. if the company ignored to rectify the faulty machinery, but asked the workers to exercise caution, but still the deceased died because he failed to notice the sign, in such a case the plaintiff is not eligible to receive any sort of damages.
• In such civil suits, the burden of proof rests on the plaintiff since it’s them who are accusing the defendant of causing wrongful death and causing them mental and emotional damages.
So if you think your close relative has died because of neglect, then it’s your right to claim a wrongful death in the court of law.