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What to do in the case of a wrongful death?
The death of a loved one is almost always tragic. It is a stressful situation, especially if the death was not natural and caused due to a someone else's negligence. The death can be even more traumatic if the person who died was the family's primary income provider. Regardless of the circumstances of the death, the remaining family members are entitled to receive complete compensation for their irreplaceable loss.
Mesa wrongful death lawyers:
- We have the experience and expertise to build a strong case that will get you the best possible settlement.
- Nothing can replace the loss of a loved one. However, we make sure your grief, pain and anguish is completely addressed and acknowledged.
- We provide free consultation with no charge of fees until your case has been resolved.
- We will provide the best legal strategy to make sure you receive complete compensation.
There are very few things in life that are as tragic as wrongful death. In a difficult time of grief and suffering, it’s comforting to have an advocate who cares by your side. At the Law Offices of Samuel P. Moeller, we are sensitive to what you’re going through while fighting your case for the justice of your loved one. Filing a wrongful death claim in Mesa in a time of sorrow can be hard to do, but you don’t need to do it alone. Our expert team will walk through the entire wrongful death lawsuit with you and build a solid case for the maximum compensation you deserve.
Wrongful death is termed as an incident that has occurred due to another person’s negligence and carelessness. Depending on the circumstances, these cases are unique and contain complicated components that require professional representation by a wrongful death lawyer.
Things You Need To Know About Wrongful Death Case
Negligence, carelessness, and failure to act resulting in death are all instances in which a wrongful death claim can be filed. If you have lost a loved one due to wrongful death, you deserve compensation for pain and suffering, lost wages, medical bills, and other costs.
There are certain rules, regulations, and restrictions associated with filing a wrongful death claim in Mese.
Here are the things you need to know about wrongful death cases:
How do you file?
A letter of demand must be presented to the insurance company. This requires the collection of all evidence and needed information. The information provided needs to address why the claim is being made and why the amount of damages is being demanded. Regardless of the difficult circumstance, the insurance company will likely respond with a lower counter offer. This is where negotiation power comes in.
A wrongful death lawyer knows how to best prepare these demand letters and how to handle the insurance companies through negotiations in obtaining your wrongful death settlement. While you may be in a poor emotional state of mind during this time, your wrongful death attorney has the experience and expertise to act on your behalf.
Who is allowed to file?
In Mesa and all of Arizona, in order to file a wrongful death claim you need to be one of the following:
- A parent
- A husband or wife with a valid marriage license
- A child
- A guardian
An attorney can represent on your behalf throughout the whole claims and wrongful death case. The compensation demand in the claim will be representative of the damages incurred by the relative filing the claim.
If none of the four listed relatives are living, an attorney on behalf of the person’s estate can file the lawsuit and demand a settlement.
What will the size of the settlement be?
Depending on the nature of the incident, the size of the settlement will vary. While all wrongful deaths are terrible, an incident more shocking typically receives larger settlements
. The size of the settlement will also depend on how well prepared the demand letter for the wrongful death claim was prepared by your wrongful death attorney.
At the Law Offices of Samuel P. Moeller, we have the experience and expertise to build a strong wrongful death case for the maximum settlement size.
How do you calculate damages?
Under Arizona law, there is no standard way to calculate damages
in wrongful death claims and cases. This means that there is not a limit to the compensation number that you are able to receive. From the time of loss, you can add up all of the estimated lost wages of the deceased for a standard lifetime length. This also means possible raises in income. You can also claim pain and suffering which will depend on the nature of the cause of death.
An experienced wrongful death lawyer will assist you in calculating all of the damages that you deserve to receive due to the loss of your loved one. Thay have the knowledge of all items that can and cannot be included in your wrongful death settlement claim.
In Arizona, there does exist a law regarding partial liability. If your loved one was partially responsible for their own death, a portion of the settlement will be subtracted. If you are unclear on the liability of your loved one, an experienced attorney at the Law Offices of Samuel P. Moeller can help you in sorting through all of the case details and possibilities in regard to procedural rules and regulations.
In relation to taxes, wrongful death settlements are considered to be in the same category as compensation from a personal injury lawsuit
. These are non-taxable as they are related to medical expenses due to the pain and suffering nature of the claim. Be sure to speak with your wrongful death lawyer or an accountant when considering tax questions.
What Happens During A Wrongful Death Lawsuit in Mesa?
Once a wrongful death claim is filed and the case goes to trial in Mesa, your lawyer will work on building a strong case that will demand the maximum compensation amount for your suffered lost. These types of cases are difficult to build and tend to take quite a long time, however, having an advocate by your side will cause some peace of mind while dealing with insurance companies and the court.
How is fault proven?
Your wrongful death lawyer in Mesa will put together a strong case of evidence and demand based on the four instances that need to be proven. The four instances that need to be proven in order for a successful wrongful death case
with a maximum settlement offer to occur are the following:
Duty - It is said that a defendant has a particular duty they owe to the victim at the time of the incident.
Breach - The defendant did not fulfill said duty.
Causation - The proof that their actions caused the death.
Damages - The proof of the actual harm that was done to the deceased.
The Different Phases of a Wrongful Death Claim
Wrongful death claims are lengthy and include different phases in which your wrongful death lawyer will represent you through. There are many steps in each phase so it’s important to have someone that understands the full process by your side.
The beginning is the pre-litigation phase where you as the relative hire an attorney to help you set up the estate, investigate the death of your loved one, collect evidence and submit a letter of demand. Your wrongful death attorney will also participate in negotiations with the insurance company and will file a lawsuit
if full compensation is not agreed upon.
The second phase is the litigation phase which is the wrongful death lawsuit. This means that a settlement was not reached in the pre-litigation phase. The filing of a complaint will first occur in which a response needs to be made.
Next is the discovery phase which falls within litigation. This is where interrogatories and request for production of documents can occur. Depositions are also a common piece of this phase. The pre-trial conference will occur afterward where the judge will learn about the case and a jury will be chosen. After that will be the actual trial and then a post-trial if the outcome is appealed or challenged.
In some cases, there are settlement discussions that occur in different phases of the lawsuit. This has to do with better knowledge about the case on both parties’ parts and an attempt to avoid a lengthy trial. Settling early can save a ton of time and money in your wrongful death lawsuit.
Is wrongful death a criminal or civil case in Mesa?
Wrongful death cases can fall within criminal and civil. The civil claim can be filed by those who have been harmed by another’s negligence or carelessness. These claims will just result in compensation without criminal sentencing. This is what a relative of the deceased can file in the instance of wrongful death.
A criminal charge is filed on behalf of the state or federal government. These cases result in imprisonment, fines, or other penalties. The nature of the claim and charge will depend on the circumstance of the wrongful death incident.
You can file both as one results in compensation and one is sentencing of the negligent individual. An experienced wrongful death lawyer
can assist you in filing one or both of these claims and also advise you on the specifics, rules and procedural regulations.
How long does it take to settle a wrongful death suit?
The length of time that a wrongful death settlement takes is dependent on the nature of the crime. Every wrongful death lawsuit is different and they rarely wrap up in less than a year of time — sometimes these cases can last several years.
While it is difficult to wait, especially in such tragic circumstances, it does take time to build a solid case. Not to mention, certain parties tend to drag these types of cases on to their benefit. Working with an experienced wrongful death lawyer will ensure that your case is kept on top of and no deadlines missed or details are forgotten.
Wrongful death attorneys specialize in complex cases
Wrongful death cases are highly difficult and extremely detail dependent cases that require the assistance of an experienced attorney that has successfully worked with other wrongful death claims and suits in the past. These are complex claims that require expert knowledge of laws, precedent cases and procedural regulations involved in wrongful death cases.
Here is what working with a well-seasoned wrongful death lawyer in Mesa does:
- We have the experience and expertise to build a strong case that will get you the best possible settlement.
- Nothing can replace the loss of a loved one. However, we make sure your grief, pain, and anguish are completely addressed and acknowledged.
- We provide a free consultation with no charge of fees until your case has been resolved.
When working with insurance companies and other parties that don’t have your emotional state and best interest at the forefront, it’s a good peace of mind to know that you have an advocate that fighting for you inside the courtroom. Having a strong member of your team that’s capable of navigating through complex laws and grueling negotiations will ultimately lead to the success of your case with the compensation settlement that you deserve.
Choosing Mesa Injury Attorney, AZ
When selecting a reliable wrongful death lawyer in Mesa, there are many different options to choose from. It’s important to choose an attorney with extensive background in wrongful death suits that provide expertise in winning these cases.
The attorneys at the Law Offices of Samuel P. Moeller are the expert when it comes to handling wrongful death claims. We navigate your case from beginning to end and get you the settlement you deserve. Samuel P. Moeller is a trusted Wrongful Death Lawyer who provides exceptional services in accident
and wrongful death cases throughout Mesa and all of Arizona. Samuel has years of expertise in handling these lawsuits to build a strong case for the best possible settlement.
At the Law Offices of Samuel P. Moeller, we devote our time and work toward building a solid case in order to get the maximum amount of money for our clients. Our firm is reputed as an aggressive representative against defense firms, irresponsible parties, and insurance companies.
We work on a contingency fee basis in which you pay zero cost until your case is won. If we are not able to recover compensation in your case, we never collect legal fees. We fight exclusively for you and we take pride in serving clients that are traumatized by accidents and injuries. Contact us
today for your free consultation!