Losing a family member is never easy, regardless of the circumstances. When a loved one dies due to the negligent actions of another, it can be particularly difficult to handle. You are most likely feeling a mix of emotions during this tragic time, and it’s understandable if you’re angry or frustrated over how an avoidable accident has taken your loved one from you.
The attorneys at the Jensen Phelan Law Firm have handled many wrongful death cases, and we understand that your loss can be emotionally traumatizing while leaving you with many unexpected financial burdens. While no amount of money can bring your loved one back or truly compensate you for your loss, our lawyers can help you and your family stay financially afloat as you cope with this tragedy.
If you’ve lost a family member due to the negligent actions of another, the Jensen Phelan Law Firm can help. You can learn about your legal rights and options by speaking with our attorneys in person. Please call 928-778-2660 today to schedule a free consultation at our office in Prescott, Arizona.
What is Considered Wrongful Death?
When someone loses their life due to the negligence of another, it is considered a wrongful death. Under Arizona law, a wrongful death lawsuit may be filed in any situation where the deceased person could have filed a personal injury case based on the negligent actions associated with the accident. However, in these cases the lawsuit is filed by a family member of the deceased.
The state of Arizona allows the following individuals to file a wrongful death case:
- The spouse of the deceased person
- The children of the deceased person
- A parent or legal guardian of the deceased person
- The personal representative of the deceased person’s estate
Wrongful death cases can be related to just about any type of personal injury, including:
- Motor vehicle accidents
- Medical malpractice
- Accidents involving defective products
- Slip and fall accidents and other accidents on someone else's property
- Construction accidents
- Nursing home abuse and neglect
- Dangerous drugs and defective medical devices
- Workplace accidents
Damages in a Wrongful Death Case
While it is impossible to ever completely repair the damages done in these situations, the law can offer some solace. In proven wrongful death cases, courts often grant the families of the deceased various kinds of compensation.
Damages in a wrongful death case typically fall into two different categories. The first category involves monetary damages experienced as a result of your loved one’s death. These may include:
- Medical bills, including any emergency care required to treat the injury that led to the death of your loved one
- Funeral and burial expenses
- Income and benefits lost as a result of the death
The second category of damages involves non-monetary losses you and your family experienced. This may include:
- Pain, suffering, grief, anguish and shock
- Lost value of household services performed by your deceased loved one
- Loss of love, affection, companionship and guidance
- Loss of consortium
The specific damages that can be recovered vary based on who is filing the wrongful death case. For example, a spouse or child may be able to recover damages for loss of love, affection and companionship, but these damages may not be available to the representative of the deceased person’s estate.
Deadlines for Filing a Wrongful Death Claim in Arizona
There are certain time limits, called statutes of limitations, on when a wrongful death lawsuit can be filed. In Arizona, you must file a wrongful death claim within two years of the date your loved one died. If the wrongful death is the result of actions or omissions of a public entity, an administrative claim must be filed within 180 days and the wrongful death lawsuit within one year. After this deadline has passed, you may not be able to recover the compensation you deserve.
Due to the time-sensitive nature of these cases, it’s crucial that you speak with our lawyers at once. At the Jensen Phelan Law Firm, we’ll make sure that your case is filed before these deadlines pass.
The Jensen Phelan Law Firm Can Help
The gravity of a wrongful death case requires exceptional, long-term legal counsel. It cannot be emphasized how much it matters to find the right wrongful death attorney to represent you after the loss of your loved one. The Jensen Phelan Law Firm has already recovered millions for grieving families. We attribute our success not only to our experience, but to the compassion and dedication we have for our clients.
Maximizing your recovery cannot completely fix the damage done; however, it can provide you some of the relief that you deserve.
Contact our Prescott Wrongful Death Lawyers
Please contact the Jensen Phelan Law Firm using the form on this page or call 928-778-2660 today to schedule your free wrongful death consultation. We serve clients in Prescott, Prescott Valley, Cottonwood and the surrounding areas of Arizona.