Gilbert Wrongful Death Lawyer
It is always sad when a loved one passes away. It is tragic when the cause is a wrongful death. At Genesis Injury & Accident Lawyers, we help grieving families by helping them pursue compensation through wrongful death claims. Our Gilbert wrongful death attorneys have experience with all types of wrongful death cases. Our Gilbert wrongful death attorney can also help you file a wrongful death claim.
Learn more about what constitutes a wrongful death below. Then, contact us to schedule a free case evaluation to discuss a wrongful death lawsuit.
How Our Gilbert Wrongful Death Lawyer Defends Your Rights
In grieving and gruesome incidents or situations that have led to wrongful death or loss of a loved one or somebody significant, it is always the ones left behind or the ones not involved mainly who are the most affected and will have to endure continuing on their lives with a vast difference from that moment on even though it seems as if there is no more purpose to do so due to the loss and heartbreak experienced.
Anybody can agree that wrongful deaths do not make exemptions for anyone, anywhere. It can happen in various ways and cannot be escaped or cheated from unless lucky, which can occur in the chances of one in a million.
In some particular cases involving the state of Arizona, a Gilbert, AZ, wrongful death lawyer can be the best bet to join the affected party's team when filing a case in court.
Arizona has multiple definitions of wrongful deaths, enabling a person to file for court hearings or proceedings based on the state's revised statutes and governing laws.
Defining Wrongful Death in Arizona
In layman's terms, wrongful deaths are caused as a result of a person losing life due to a wrongful act or legal fault from another person or entity or neglect as defined as:
- Medical malpractice
- Intentional acts, as done in heinous crimes or criminal assaults
- Negligence-based, such as accidents or injuries resulting in death
Even death caused by defective products can be filed in Arizona and is considered a liability for wrongful death. Liabilities in the manufacturing, production, and distribution of the said defective product that caused the wrongful death can be accounted for when there are little to no safety and health warnings and labeling.
A disregard for public safety as well can be one of the reasons for wrongful death for the most obvious reasons.
Who Can File a Wrongful Death Case?
If a loved one or a significant other has been done wrong and has died due to the previously mentioned reasons, family members, even in the estate of decent, offspring, or spouse, can file a case with the help of a wrongful death attorney in Gilbert, AZ.
The state does not permit cousins, siblings, grandparents, and same-sex partners to file a case with a wrongful death attorney in Gilbert, AZ.
Defining a Valid Wrongful Death Case
When taking this up with a Gilbert, AZ, wrongful death lawyer, the individual who filed the case should be able to have their representative or attorney prove that the wrongful death experienced by the deceased is authentic and valid through certain acts and elements that can be considered by law and the judge in the court proceedings.
It can only be valid and considered to be justified in ruling if the accident that caused the wrongful death of the victim or deceased evolved around:
- Car or truck accidents
- Motorcycle or bicycle accidents
- Pedestrian
- Construction
- Plane crashes
- Drowning and suffocation
- Surgical or medicinal error
- Defectivity in products purchased or used
For cases such as negligence, a more brief and comprehensive justification will be needed in such proceedings wherein the wrongful death attorney in Gilbert, AZ, will have to provide the following:
- The individual has committed a breach of the duty
- The individual owes the person a duty
- Other factors that can be lawfully stated and seen in the elements of negligence
Common Causes of Wrongful Death
We handle several common examples of wrongful death lawsuits. They include:
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading causes of wrongful death. These incidents often involve cars, trucks, motorcycles, and other types of vehicles. Causes can include speeding, drunk driving, and distracted driving. When someone dies because of another driver's negligence, their family may have the right to file a wrongful death claim.
Medical Malpractice
Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, resulting in a patient's death. This can happen due to misdiagnosis, surgical errors, medication mistakes, or poor aftercare. Families trust doctors and hospitals to care for their loved ones, and when that trust is broken, it can lead to tragic outcomes. These cases are complex and require a thorough investigation by a skilled lawyer.
Workplace Accidents
Workplace accidents can lead to wrongful death, especially in industries like construction, manufacturing, and transportation. These deaths can occur due to unsafe working conditions, failure to follow safety protocols or malfunctioning equipment. Employers are responsible for ensuring a safe work environment; they can be held accountable when they fail. A wrongful death lawyer can help families navigate the legal process to seek justice.
Product Defects
Deaths caused by defective products are also considered wrongful deaths. These can include faulty automotive parts, unsafe children's toys, or electronics that cause fatal injuries. Manufacturers are obligated to ensure their products are safe before they reach consumers. They can be sued for wrongful death when they fail to do so.
Pedestrian Accidents
Pedestrians are vulnerable to fatal injuries when vehicles fail to yield the right of way or when drivers are negligent. Common causes of pedestrian deaths include being hit by a car, bus, or truck, especially in crosswalks or on sidewalks. Urban areas with high traffic are particularly dangerous for pedestrians. Families of deceased pedestrians can seek compensation through wrongful death claims.
Criminal Acts
Wrongful deaths resulting from criminal acts such as assault, battery, or homicide are particularly distressing. These acts are intentional and cause immense pain and suffering to the victim's family. When a life is taken due to a criminal act, the perpetrator can be held accountable both criminally and civilly. Families often pursue wrongful death lawsuits to seek closure and financial support for the aftermath.
Statute of Limitations for Wrongful Death Claims in Arizona
An individual can file a case in Arizona (or in an appropriate court) as efficiently as possible with the help of an experienced Gilbert, AZ, wrongful death lawyer. The filed lawsuit or case will then be given proper notice to the party being sued and rightful due process for the entirety of the case or court proceedings. The case should be filed within two years of the date the incident caused the deceased's death. Otherwise, it may be dismissed by the court.
Experienced Wrongful Death Attorney in Gilbert, AZ
A personal injury lawyer is the only professional to aid and consult anybody in need regarding wrongful deaths. This can only be done and handled excellently and with guaranteed fruitful results.
These best representatives can surely cover all elements needed to execute a hassle-free and quality hearing or case that can make up for the following:
- the financial losses incurred
- sustained injuries should the victim survive
- recovery from the accident
- beneficial compensation for both parties to compensate for the lost wages and other necessary treatments
The complexities and diverse legalities in this issue can be very overwhelming, especially to those who have lost their loved ones due to wrongful deaths, but having a personal injury lawyer can alleviate the added pressure and depressive state of the situation that the individual is in, having to single-handedly manage grief and loss as well as legal matters and case proceedings needed to straighten out.
Wrongful Death Attorney in Gilbert, Arizona, Near Me
These professionals in their field will provide individual legal satisfaction, justified actions for the situation, and an added familiarity sure to ease the already hurting and heavy burden being carried out by those left behind and hugely affected.
Personal injury lawyers will help determine the opinions of the affected and not make a move without consulting their client first. From there on, they will make the best of what they can come up with, a heartbreaking situation that can benefit the affected individual who is still governed by the state and its laws.
Frequently Asked Questions
In Arizona, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person's death. It's important to consult a lawyer as soon as possible to ensure your claim is filed on time.
In Arizona, the immediate family members of the deceased, such as spouses, children, and parents, can file a wrongful death lawsuit. The deceased's estate can bring the lawsuit if there are no immediate family members.
Yes, wrongful death settlements in Arizona can include compensation for emotional distress experienced by the surviving family members. This is considered non-economic damage and aims to compensate for the loss of companionship and pain suffered.
Damages in a wrongful death lawsuit can include medical expenses before death, funeral and burial costs, lost future income, and loss of love and companionship. Each case is unique, so the specific damages will depend on the circumstances.
A wrongful death attorney helps by investigating the case, gathering evidence, and building a strong argument to prove negligence. They also handle negotiations with insurance companies and, if necessary, take the case to trial to ensure fair compensation is received.
Contact Our Gilbert Wrongful Death Lawyer To Schedule a Free Consultation
Do you have questions about how a loved one passed away? If so, our Gilbert wrongful death lawyers are here to help you. At Genesis Injury & Accident Lawyers, we understand just how devastating a wrongful death can be. Lean on our experience to represent you during this difficult time.
Contact us today to schedule a free consultation.
Located in Gilbert, Arizona, Our Personal Injury Attorneys and Car Accident Lawyers have been helping our clients achieve the legal results they are searching for. Our Surprise Law Firm offers legal help with Car Accidents, Truck Accidents, Motorcycle Accidents, Premises Liability, Slip and Fall, Nursing Home Abuse, Catastrophic Injury, Bicycle Injury, Personal Injury, Wrongful Death, Dog Bites, and all Personal Injury Issues.