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  • Guide To Filing A Wrongful Death Claim

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    A wrongful death can be caused by a negligent surgeon, seat belt failure, defective products or any other negligent act by a person who held a position of responsibility. The burden of proof remains on the person bringing the lawsuit against the negligent person or company.

    Immediately hiring a wrongful death attorney after the accident helps start the process of recovering monetary compensation as quickly as possible.

    Importance of filing a claim
    It is important to understand the importance of hiring an AZ wrongful death attorney.

    Filing a suit is very essential in regards to making the other person realize the importance of safety hazards. Your act may safeguard other people suffering from the negligence of the person or company in the future.

    Different states have different laws regarding wrongful death claims. Therefore, people who are eligible to claim compensation differs. It is important to note that the compensation for a wrongful death is also restricted by law in some states. It becomes important to learn about the possible amount that can be recovered for your loss from a wrongful death lawyer.

    In what cases can you file for a wrongful death claim
    There are several death cases for which you can file a wrongful death claim. Accidental death lawyers AZ will be able to tell you whether your case falls under the similar category or not. Some examples that fall under this category are:

    - When the act of negligence is intentional by the accused. The act is never justified and it was done to cause harm to the other party.
    - Deliberate negligence which could have made the accident avoidable. The deliberate act should be held responsible for the demise of a person.
    - Failure to maintain a safe environment in an office premise. In the case of death during working hours at office premises, it is the duty of the owner to maintain a safe and secure environment for their employees. Accidents at the workplace that prove fatal are a result of owner’s failure to meet the safety standards for their workers.
    - Unsafe products marketed by companies. People may die because a particular ingredient to which they were allergic was not mentioned on the labeling.

    Who is entitled to seek compensation during a wrongful death claim
    Every state has a different set of laws regarding the entitlement of compensation. But all states allow the spouse of the deceased to enter into the lawsuit and claim compensation.

    Usually, the will of the deceased decides the claimant of the compensation. In the case of absence of a will, the members who remain entitled to the estate remain entitled for the compensation.

    According to an AZ wrongful death lawyer or accidental death lawyers AZ, the following people can bring a lawsuit against the negligent party.
    - The deceased spouse
    - The deceased children
    - The grandchildren of the deceased person
    - Any member dependent on the deceased such as his parents or in-laws
    - Any minor dependent on the deceased
    - Any stepchildren of deceased who were as a result of lawful engagement

    Time limit for filing a wrongful death claim
    There is a time limit for which you can file the case. An AZ wrongful death lawyer will tell you that you have a period of 2 years from the day the person died. There may be certain exceptions to the law under various conditions. All these decisions pertain to the law of a particular state.

    Compensation awarded for a wrongful death claim
    There can never be a recovery of your emotional loss but it can definitely pay off certain bills which lessens the burden. It safeguards your future and allows dependents to pay off any debts suffered from the death.

    There are broadly two basic categories of damages eligible for compensation

    Non-economic damages
    This pertains to the loss of love and companionship of the deceased person. Every family member suffers the emotional loss of separation, especially the people depending on the deceased person.

    Economic damages
    All the benefits that the person making the claim could have received from the deceased can be claimed. Accidental death lawyers AZ calculate the total amount of the claim adding the economic as well as non-economic damages.

    Always consult an AZ wrongful death lawyer or accidental death lawyers AZ for a hassle-free and fruitful experience. The best AZ wrongful death lawyer will be able to get you a justified compensation amount.
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