Wrongful Death Attorneys in Yuma, Arizona
If you need a wrongful death attorney in Yuma, contact the legal team at ELG today.
No one can ever be prepared for the sudden loss of a loved one. It takes a serious toll on the surviving family members, leaving them with an overwhelming amount of unexpected financial expenses. After suffering such a tragic loss, it is understandable that taking legal action may seem like an additional burden. It is extremely important to speak with a wrongful death attorney as soon as possible.
A wrongful death claim is a type of personal injury claim that could have been filed by the deceased if they were to survive the incident that took their life. At ELG, we know that nothing can take away the pain families endure after the sudden and unexpected loss of a loved one in an accident, but we can help you move forward in the best position possible by getting you the financial compensation you need and deserve.
Who Can Bring a Wrongful Death Claim in Yuma, Arizona?
When a person suddenly passes, there are several individuals who are severely impacted by the victim’s untimely death. However, there are limitations on who is eligible to file a wrongful death claim. In Arizona, the following individuals are eligible to bring a wrongful death claim:
- Deceased person’s surviving spouse
- Deceased person’s surviving domestic partner
- Deceased person’s surviving children or grandchildren
- A person who will inherit the deceased person’s estate, if none of the above are applicable
If you fall into one of the above categories, we would love to speak with you regarding your unique situation. The dedicated team of wrongful death attorneys at ELG will walk you through the process and options available to you. We will fight by your side to keep your best interests and rights protected. Give us a call today, we will help you best understand the next steps surrounding your claim.
Leading Causes of Wrongful Death
When we talk about wrongful death, we tend to think that a wrongful death only occurs instantly in an accident. However, this is not always the case. Wrongful death claims involve all types of fatal incidents including workplace accidents and premises liability cases. People, businesses, and different government agencies can be held legally responsible for acting intentionally and negligently.
Criminal charges and a wrongful death suit are two completely different things. A wrongful death claim is not needed to press criminal charges, and vice versa. A wrongful death, in this sense, can be caused by several kinds of incidents such as:
- Medical Malpractice- Any harm done by a medical professional such as a doctor or nurse who fails to perform their duties is known as medical malpractice. Medical malpractice causes intentional harm, causing the victims to sustain more injuries that require further medical attention or death. Examples of medical malpractice include misdiagnoses, medication errors, surgical errors, and anesthesia errors.
- Workplace Accidents- The untimely death of a construction worker can be caused by the negligent behaviors of people who are not employed by the worker’s company such as the owner of the construction site or a contractor. Financial compensation beyond what worker’s compensation covers can be sought by that worker’s surviving family members.
- Motor Vehicle Accidents- A death in an accident can occur due to a driver’s negligence or reckless behaviors. Distracted driving, driving under the influence, speeding, and fatigued driving are all examples of how a driver can be negligent.
- Intentional violence- When an individual causes intentional harm to another individual that results in the victim’s death, criminal charges can be pressed by the state. But these charges are not meant to compensate the victim’s surviving family members. A wrongful death claim can be filed to go along with the criminal charges from the state.
While not all medical mistakes, accidents, or workplace fatalities can be considered wrongful deaths, all of these incidents can still present viable claims. The circumstances of each case may vary and could make your unique situation more difficult without the help of a knowledgeable Yuma wrongful death attorney. Our compassionate team of Yuma wrongful death attorneys at ELG understands the hardships that come with these situations and will fight by your side to ensure that you receive the maximum amount of compensation that is available to you.
How Do I Prove Negligence in a Wrongful Death Case?
In order to have a successful wrongful death case, the plaintiff must prove that the at-fault party acted unreasonably in causing any injuries and damages that occurred. The issue of fault hinges on the concept of negligence, which is divided into four parts:
- Duty- It must be proven that the defendant owed a duty of care to the plaintiff in regards to the situation at hand. The term duty of care is defined as another person’s obligation to not injure another person or place them in harm’s way. Everyone has a duty of care to others around them.
- Breach- Once it is established that the defendant had a duty of care, it is determined whether the defendant breached their duty of care, or failed to live up to it. Did the defendant create a dangerous situation or allow a dangerous situation to persist in this situation? If so, then the defendant breached their duty of care to the plaintiff.
- Damage- Proof is needed in order to determine if the negligent or careless actions of the defendant caused direct harm to the plaintiff or some form of loss, including the death of the plaintiff’s family member.
- Causation- The plaintiff must be able to prove that their family member’s death would not have occurred if the defendant’s action or lack of action hadn’t happened, linking the death in question to the defendant’s breach of duty. However, things can get complicated. A defendant can admit to negligence, but that doesn’t necessarily prove causation.
The statute of limitations for a wrongful death claim in Yuma is two years from the date of death. If a claim is not filed within those two years, then you may not be able to recover damages. Having an experienced Yuma wrongful death attorney on your side will ensure that you have your claim filed within the statute of limitations so you can receive the maximum compensation that you deserve for your loss. At ELG, our dedicated team of bilingual Spanish-speaking wrongful death attorneys understands the financial and emotional devastation that is brought on by the untimely loss of a loved one. Call us today to discuss your situation and get your wrongful death claim started as soon as possible.
What Damages Can be Recovered in a Wrongful Death Claim?
In a wrongful death situation, it may be difficult to evaluate the losses you experience along with the loss of your loved one. It can be easy to become overwhelmed by financial losses on top of facing challenges on your own. With the help of a compassionate Yuma wrongful death attorney, some of these challenges can be lifted. Some of the damages that can be recovered by the surviving family members include:
- Compensation- Includes the loss of wages, protection, and services from the victim.
- Funeral and burial expenses- Funeral costs can range between $7,000 and $12,000 and can put surviving family members in a serious financial crisis. Compensation for funeral and burial expenses may not cover the whole cost but can help the family alleviate some of the burdens.
- Punitive damages- These are meant to punish the defendant for their actions and to deter them and others from doing the same actions.
- Expenses- Covers the care, hospitalization, and any medical treatment for the injuries that led to the victim’s death.
If your loved one lost their life due to the negligence of a person that you or a family member is acquainted with, you may be placed in a very difficult situation. You need to recover your financial and emotional costs so your family can recover, but doing so may damage or ruin your relationship. This can be made even more complicated in situations where the defendant’s actions were unintentional. Suing someone doesn’t necessarily mean that you’re personally going after them. In many cases, a wrongful death case can be redirected to a neutral third-party such as the offender’s home or auto insurance agent. These situations often result in out-of-court settlements, avoiding additional conflict with the person you’re acquainted with.
Working With a Wrongful Death Attorney In Yuma
The sudden loss of a loved one can cause unnecessary stress for you and your family. You don’t have to suffer through the added stress alone, our compassionate team of Yuma wrongful death attorneys at ELG is here to help. With over 55 years of combined experience, our experienced bilingual team of Spanish-speaking attorneys is dedicated to being supportive and excelling in all aspects of the services we provide for our clients. Call us today at (623) 877-3600 for a free consultation with an attorney at your earliest convenience.