It is always a tragedy when a loved one dies. But death is even more tragic when a loved one dies unnecessarily or prematurely because of someone else’s actions or inactions.
A wrongful death occurs when someone dies as the result of the actions or negligence of another party in a vehicular accident, construction accident, slip and fall, medical malpractice, caregiver neglect, nursing home error, faulty road design, or any other reason caused by negligence or unnecessary actions.
These accidents are unfortunately all too common. In 2014, 246 people died in alcohol-related crashes in Arizona. Across the country, 4,836 workers died on the job in 2015 alone. In almost all cases, these were accidents that could have been avoided.
How Our Tucson Attorneys Can Help
Khalidi Law Firm, PLLC is here to help. Though no amount of money will ever compensate for the tragic loss of a loved one, surviving family members may be entitled to compensation for damages suffered as a result of a wrongful death. Survivors may recover damages for pain and suffering, emotional stress, medical costs, funeral expenses and lost income.
One of the tools we use is a thorough knowledge of the Adult Protective Services Act (APSA), passed in Arizona in 1988 to protect vulnerable adults from abuse. APSA defines a vulnerable adult as someone over 18 who cannot protect themselves from incidental or intentional abuse because of a mental or physical impairment. When a vulnerable adult dies as the result of abuse, recklessness or negligence of another party, the family may be entitled to additional compensation under APSA.
Khalidi Law Firm, PLLC has experience litigating wrongful death suits from our offices in Tucson’s Barrio Historico for more than two decades. We can help you navigate Arizona law to hold those accountable for their actions and obtain full compensation. Request a Request a free legal consult.
Wrongful Death Lawsuits: A Strong Deterrence
Many times family members are hesitant to file suit because of grief or other considerations, but what is not often discussed is the social value of wrongful death lawsuits. Not only do they compensate the family, they act as a deterrent to hopefully protect those who can’t protect themselves and to prevent similar accidents from happening again in the future.
Your Next Steps
If you feel you may have a wrongful death law suit, schedule an appointment with Khalidi Law Firm, PLLC for a free consultation in which we will evaluate and discuss the merits of your case. We fully investigate the circumstances surrounding the death and hire a team of experts to demonstrate that the negligence of the defendant caused the victim’s death and prove that surviving family members have been injured as a result of their loss.
Questions and Answers
Who can bring a wrongful death case?
In Arizona, the only persons who can bring such a claim are the parents, the wife or husband and natural children of the person who died. They may seek compensation for any loss of financial support from their lost loved one, as well as for their loss of love, guidance and companionship.
How long do I have to pursue a claim?
If you are unable to agree on an amount to settle your claim with the other party or their insurance company, you must file a lawsuit to protect your rights. For most wrongful cases in Arizona, you must file the lawsuit within two years of the death.
How are damages determined?
The decedent’s contributions in the past, their life expectancy at the time of their death, their health before the accident, their age, habits, occupation, past earnings and likely future earnings, and funeral expenses will be considered.
In Arizona, a family may also be entitled to punitive damages from emotional stress, pain and suffering. Depending on the circumstances surrounding the death, an Adult Protective Services Act (APSA) claim may also be made.
Do I need an attorney to pursue a wrongful death case?
In every wrongful death case, the potential plaintiffs should consult with an attorney. The law in this area is complex regarding who is entitled to bring a case and who is entitled to a recovery. Even if you think the person responsible for your loved one’s death has few assets or little or no insurance, it is wise to seek the advice of an attorney because an investigation may reveal other potential defendants who are responsible for the death and capable of paying damages.
Contact Our Wrongful Death Attorneys
If you believe your loved one suffered a wrongful death, contact Khalidi Law Firm, PLLC today. Our team of experienced lawyers are here to help. Request a free consultation to make sure your rights are protected by a legal professional.