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When a person dies due to actions, negligence, recklessness, or incompetence of another person, it qualifies as a case of wrongful death in Tucson. An example of this can be an incident of a drunken driving car accident in which a pedestrian loses his or her life. The family of the deceased can lodge a personal injury lawsuit to compensate for the emotional, mental, medical, and financial sufferings they faced due to the loss of the loved one. Before you head to file a complaint, there are some common aspects of these cases that you need to understand. So, here is a quick look at them.
Eligibility for wrongful death litigation filing
Following people can file the case:
- Surviving partner or spouse
- Children (if the other partner is also not alive)
- Parents of the departed if the person did not have partner and kids
For the death of a person below 18 years, the parents can submit the claim for wrongful death. In case if there is nobody, then the one who manages the estate of the deceased person can claim for compensation.
Wrongful death attorney
If you are confident about the incident of wrongful death, then first get in touch with a lawyer who specializes in this field. A licensed Tucson law firm will guide you through the law, help you to gather proofs for the case, perform critical documentation work, build a strong court case, and support you in your anxious moments so that you can recover from the loss.
Reimbursement for wrongful death claims
The lawyer will be able to get your compensation claims fulfilled by giving you the right direction. Generally, in these cases, you can seek cover for income or future income loss, mental and emotional suffering, inheritance loss, medical expenses, loss of a family member or companion, etc.
In this context, it is essential to learn that the insurance company has to react to the claim within a specific period of its acceptance. It will most likely make a lower counter offer and pursue it back and forth until it reaches a favorable settlement. The offer of the compensatory amount depends on the severity of the accident and how well your lawyer presents your case.
Unlike other states in the country, Arizona does not have any set limits for the amount a victim of wrongful death can claim. Hence, the lawyer can calculate the cost right from the accident to loss of income to burial or funeral costs, etc. It depends on the extent and severity of the fault of the other party as to how much you can claim. Also, Arizona supports partial liability law in this matter, in which case if the victim was partly responsible for the incident, then you may have to take a hit in the settlement. In this context, it may be beneficial to know that wrongful death settlements are typically tax-free with a few exceptions.
Since there is a time cap within which you have to file a lawsuit under Statutes of limitations, you cannot afford to make delay from your end. Also, these cases tend to run for years before coming to fruition. So, make sure you hire the right attorney. He or she will remove all the pressure from your mind.