Wrongful Death Lawyer in Yuma, AZ
Losing a loved one is never easy. There is a great heartache and loss. But, when you lose a loved one without warning because of a wrongful death accident, it can be devastating. You need the help of a wrongful death lawyer in Yuma, Arizona, to give your family the legal advice they need to pursue a case and get compensation for their losses.
Losing a loved one In a wrongful death accident means that your family member’s death was caused by the negligence or the malice of another person or entity. The responsible party could be your loved one’s employer, a manufacturer who produced a faulty product, or a doctor through medical malpractice. No matter who the culprit is, your Yuma wrongful death lawyer can help you seek justice in court.
Types of Yuma, AZ, Wrong Death Cases
There are a number of reasons why a wrongful death accident can happen. Understanding your legal rights when it comes to losing your loved one in one of the following accident types can help you get the compensation your family deserves for your losses. These are some of the most common types of accidents that a wrongful death lawyer can assist you with:
- Workplace accidents: Accidents that happen in the workplace that are the fault of the employer can be brought to court regardless if worker’s compensation is paid. This will allow you to increase your settlement award and get justice for your loved one.
- Medical accidents: When medical malpractice occurs, you need the assistance of a wrongful death attorney that knows how to fight medical cases. They can help prove negligence against the doctor or hospital that caused the death of your loved one.
- Equipment accidents: If the equipment your loved one operated malfunctioned or had a defect, you have a right to compensation for the wrongful death. Your wrongful death lawyer in Yuma, Arizona, will fight against these large corporations and get you a settlement award that is fair for the loss you have suffered.
- Car and truck accidents: Truck and car accidents can also take a family member’s life when negligence is at play. Your wrongful death attorney knows how to build a case against a negligent driver and fight them in court.
- Bus accidents: As a passenger on a bus, your loved one has a right to be safe. When their safety is compromised because of an accident from faulty equipment or an incompetent driver, a Yuma, Arizona wrongful death lawyer can help you fight your case in court and get the compensation you deserve.
- Airplane accidents: These accidents are almost always fatal, and you need a wrongful death attorney that can fight an airline and prove their responsibility for your loved one’s death. Depending on their investigation, your lawyer may be able to find proof of faulty equipment, pilot error or poor maintenance practices in order to develop a clear case.
- Drunk driving accidents: If your loved one loses their life at the hands of a drunk driver, you deserve fair compensation for your loss. A Yuma, Arizona, wrongful death attorney will fight to win against a drunk driver so your family can receive the settlement you need to move forward financially.
- Motorcycle accidents: Motorcycles are at a disadvantage on the road and are often subject to a wrongful death claim. When a motorcycle accident that is the fault of another claims the life of your loved one, you need to have a wrongful death lawyer on your side to fight for your rights.
- Boating accidents: Accidents on the water are also common during the warmer months. And when a loved one dies because of the negligence of another in a boat, you need immediate help with your case. Your Yuma, AZ, wrongful death lawyer will help you take your case to court and prove the negligence of the responsible party in your case.
- Amusement park accidents: Accidents that happen at an amusement park can also be deadly. When you lose a loved one because of an amusement park accident, you need to speak with a wrongful death attorney about filing a lawsuit against the amusement park for their negligence.
Every wrongful death case is unique, and these are just a few of the accident types that can claim the life of your loved one without warning. Discuss your case with a wrongful death lawyer in Yuma, Arizona, to determine who is liable in the death of your family member.
Damages in a Yuma, AZ Wrongful Death Suit
Filing a wrongful death lawsuit on behalf of a deceased family member can provide you with the financial means to recover from their death and move forward in life. Some of the damages that you are entitled to include:
- Funeral and burial costs for the deceased
- Medical expenses of the deceased
- Lost wages and benefits that you are missing out on due to the death of your loved one
- Property damages caused by the accident
- Pain and suffering that you have endured from losing a family member
- Loss of household services that the deceased performed before their death
- Loss of care or companionship for a child, spouse or family member
- Punitive damages
Arizona has no cap on the amount of a settlement or the damages recoverable in a wrongful death suit. This means you can receive as much compensation as you need with the help of an Arizona wrongful death attorney.
Hiring a Wrongful Death Lawyer in Yuma, Arizona
When the cause of your loved one’s death is the negligent actions of another, you need a wrongful death lawyer in Yuma, Arizona that will provide you with the legal advice you need to get a settlement. This can help pay for funeral and burial expenses, medical bills, and the financial support you have lost out on due to your loved one’s death.
Your wrongful death attorney will help you bring a suit against all the negligent parties that are responsible for your loved one’s death. As difficult as it is to bring yourself to think about the legal ramifications of a lawsuit after losing a family member, it can help provide your family justice for the loss of your loved one and give your family the financial means it needs to move forward.
While no amount of money can replace the relationship that you had with your loved one, it can offer you a way to recover from your losses easier without feeling a financial strain. Your Yuma, Arizona wrongful death lawyer will help you through this difficult time and guide you through the legal process as you fight to hold the negligent party responsible for your loved one’s death.
A wrongful death attorney in Yuma, AZ, will give your family the direction it needs to bring justice to your loved one and make the responsible parties in the wrongful death accident pay for your family member’s death. They will fight to win your wrongful death case and get you the compensation you deserve for your losses.
Filing a Yuma, AZ, Wrongful Death Case
There are laws governing who can and cannot file a wrongful death lawsuit. In Arizona, you have a right to file a suit on behalf of your loved one’s death if you are a spouse, child, parent or guardian, or if you are a personal representative of the family or the deceased’s estate.
When the only surviving family member is a child, the parents of the child or their legal guardians have a right to file a lawsuit on behalf of the child for the deceased. They will act as the stewards in the court with all settlement monies awarded to the child on behalf of the parent killed in a wrongful death accident.
Ask your wrongful death lawyer in Yuma, AZ, about your legal right to file a lawsuit on behalf of your loved one or the behalf of a surviving child.
Settlement vs. Court Trial: Things to Consider
Something that you will want to consider with the help of your wrongful death attorney in Yuma, Arizona is whether you would like to settle outside of court or take your case before a judge. Many companies or manufacturers want to avoid the publicity of taking a wrongful death case to trial, so they prefer to settle out of court. With this process, your wrongful death lawyer will negotiate with their insurance company to see if they can come to an agreement on a fair settlement amount. While negotiating can be stressful, this is often a much faster way to get the money you deserve than going to court.
However, not all settlement negotiations go smoothly. If the negligent party believes your loved one is partially at fault for the wrongful death, then they will try to low ball you on your offer. When this happens, your lawyer may suggest taking your case before a judge. Your wrongful death lawyer in Yuma, AZ, will be there to guide you through the entire legal process and help you understand your rights so you can decide how to proceed each step of the way. They will fight to win your court case and get you the compensation you deserve.
Proving a Yuma, AZ Wrongful Death Case
Building a case for a wrongful death suit can be a challenge as the main witness is deceased. You are often relying on the testimony of others to fill in the gaps of what happened to your loved one during the accident that claimed their life. A wrongful death lawyer in Yuma, AZ, needs to prove negligence by the responsible parties in your case. They need to include the following factors in order to be successful and win your case:
- Negligence: Your wrongful death lawyer needs to show the defendant was at fault for your loved one’s death. They must prove their death happened by the neglect or wrongful actions of the other party.
- Breach of duty: The defendant in your wrongful death case must have owed a duty to your loved one to keep them safe. This means that they had a responsibility to keep your family member safe and prevent the accident that claimed their life. For example, every driver on the road has a duty to make sure they are following the right traffic laws to ensure their actions do not cause an accident.
- Causation: Your Yuma, Arizona, wrongful death attorney needs to prove the cause of your loved one’s death was the fault of the defendant because of the negligence they displayed.
- Damages: It is also necessary to prove that the death of your loved one created damages and loss to your family. This is typically in the form of medical bills, lost wages, pain, and suffering, and funeral and burial costs that all have a monetary value to them.
Your wrongful death lawyer in Yuma, Arizona, will fight for the legal rights of your deceased loved one by employing every tactic and tool available to them to prove negligence in your case.
Deadline for Filing a Yuma, AZ Wrongful Death Suit
When filing a wrongful death lawsuit against a negligent party, it is imperative that you adhere to the deadlines that are set by Yuma, Arizona law. These laws dictate that all wrongful death lawsuits go to the court according to the statute of limitations deadline. This statute states that all wrongful death suits need to be filed within two years from the date of your loved one’s death after the accident.
Because you have only a short window of opportunity to file a lawsuit, you need to speak to a wrongful death lawyer in Yuma, AZ as soon as possible about your case. They will help you determine if negligence occurred and provide you a legal course of action to follow.
Even though losing your loved one is difficult, you still need to consider your legal rights as soon as possible. Waiting to file a wrongful death lawsuit after the two-year deadline will cause the dismissal of your lawsuit without any possible settlement. See your wrongful death attorney in Yuma, AZ, immediately after the death of your loved one to get started on the process as soon as possible.
Consult with a Yuma, Arizona Wrongful Death Lawyer Today
If your loved one dies in a wrongful death accident, you need an attorney that will be by your side. The Yuma, Arizona, wrongful death lawyers at Warnock MacKinlay Law will fight for your legal rights. They will help you get justice in your case and the compensation you deserve for your losses. Contact us today to set up a consultation.