If you lost a loved one recently, then you might have considered a lawsuit. After all, a lawsuit can help you deal with many of the costs that come with an unexpected death. However, lawsuits can vary quite a bit from state to state, so you want to make sure that you understand how the laws work in your state before you proceed. Here are some of the most important laws that you need to follow when it comes to such lawsuits in Arizona:
What is a wrongful death?
The first thing that you want to do is make sure that you actually have a wrongful death on your hands. Although every death may seem wrong for those that were close to the deceased, the death needs to meet some more specific criteria if you want to file a successful lawsuit and secure monetary compensation.
In general, if the death was caused by the wrongdoing of another party, then you have the foundation of a lawsuit. You need a specific person, business, or other entity that you can sue and very specific reasoning as to how that party caused the death of your loved one. Auto accidents, medical malpractice, or any sort of homicide may be the grounds for a wrongful death lawsuit, and it is important to note that criminal and civil lawsuits are not mutually exclusive. Even if the defendant has been in a criminal court for the same incident, you may still pursue civil action (such as a lawsuit) against them.
Who can file a wrongful death lawsuit?
Arizona gives quite a bit of leeway regarding who can file. As long as you are directly tied to the estate of the deceased in some way, you have a shot at filing. Spouses and children can file in almost any situation, as can the parents of the deceased. The personal representative of the state can also file, regardless of who they are.
If multiple people wish to file, then the most successful tactic is often to combine their lawsuits into a single case. If the dispute is over who should get the compensation, then that is a separate matter and will need to be worked out.
When can you file a wrongful death lawsuit?
The statute of limitations for a wrongful death is often rolled into the larger category of personal injuries. In Arizona, this means that you have 2 years to file from the date of the death. If that two years has already passed, then you will likely be unable to file a lawsuit successfully. However, there are some key exceptions that can be used.
You might have been fraudulently misled about the nature of the death for a long period of time. If the statute of limitations expired before you actually discovered the truth, then the court may grant you an extension. In order to secure such an extension, you will need to actually have proof that you were misled.
For example, if your loved one died in a hospital as a result of medical malpractice, and the hospital then lied to you about how your loved one died, then an extension on the statute of limitations would be very realistic. Contact a law firm, such as Bangel, Bangel, & Bangel, for more information.
Share26 April 2016
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.