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In the state of Arizona, as per the statutes in place as of 2021, a wrongful death claim can be filed by:
A “personal representative” is designated by a court to handle the affairs of the estate of the deceased and often included in the will.
Generally no. You should NEVER speak with representatives from the other party’s insurance company, unless we have authorized you to do so. Always remember that you should not discuss the facts of the accident or your injuries with anyone other than your wrongful death lawyer.
If a representative contacts you, politely tell them that you have retained an attorney to represent you. The representative should then contact us and never contact you again. If they do, please notify us immediately and we will file a complaint with the Department of Insurance because it is unfair claims practice for an insurance representative to contact a party knowingly represented by an attorney.
No, we highly discourage posting about your wrongful death claim on social media. Resist the urge to discuss anything related to your claim online if you want the best results. It was revealed in an article posted in 2015 by the Huffington Post that the first place insurance companies look when investigating accident and personal injury claims is on social media accounts like Snapchat, LinkedIn, Twitter, Facebook, and Instagram. Insurance companies will look you up on Google for any posts they can use to deny you compensation and discredit your claim. You may think your social media posts are “private,” but an insurance company can still find a way to gain access. The best thing to do to protect your case is to deactivate your social media accounts altogether.
Generally, the answer is “No”. Remember, the insurance company does not work for you – they work for the individual who caused your accident. Oftentimes, even before you obtain medical attention and assess the extent of your injuries, you may be contacted by a claims adjuster who will make you a ridiculous, low-ball offer. They are hoping you will accept this offer before you understand the full extent of your damages.
Many people accept these types of offers and sign a release, only to find out further complications “down the road”. Tough Luck. In most states, including Arizona, a release is worded in such a way as to make it almost impossible to ever seek any further compensation after you sign, even if you find your injuries are much worse than you ever anticipated. You shouldn’t agree without first consulting a good Arizona wrongful death attorney.
Insurance companies have teams of lawyers and adjusters representing the person who caused your accident and they will do everything possible to reduce the value of your claim. Facing such a team of skilled professionals without having your own legal representation is unwise. It is possible to pursue your claim alone, but you will literally be at the insurance company’s mercy.
The insurance company will make you only a small offer or will simply deny your claim altogether. Unless you are well-trained in the law and understand your legal rights, it will be very difficult to combat the insurance company all on your own and know which avenues you should pursue. Each attorney at our firm is a well-trained, skilled wrongful death attorney for Arizona. We know the law here and have negotiated against insurance companies many times successfully.
It is almost impossible to determine how much time it will take to resolve your case because every case is different. Cases that settle prior to filing a lawsuit typically resolve more quickly than those that go to trial. At Warnock MacKinlay Law, we will do everything we can to obtain the maximum compensation possible in the shortest amount of time. A typical timeframe for cases to settle is two to four months after your medical care is complete, but those dates can be shorter or longer depending on many factors.
The amount of money you will ultimately recover depends on a variety of issues, the most important of which is the nature of your injuries caused by the accident and the comprehensive medical treatment you receive for those injuries. At Warnock MacKinlay Law, we will help you seek reimbursement for any or all of the following:
At Warnock MacKinlay Law, we are experts in building value for your injuries and obtaining the best financial result possible without having to go to trial. In the cases that a lawsuit is necessary, most are resolved before a trial occurs. The likelihood that a case settles or goes to trial depends on the facts of each case. If an insurance company contests liability (fault) or the value of your case, there is a greater chance that your case will go to trial. Our staff has more than 100 years of combined experience; thus, we know how to represent you. It is important to have a lawyer representing you who the insurers know will file suit if necessary, as that increases the likelihood of obtaining a good settlement value through negotiation. The insurers know which firms will file suit and which will not do so.
