Legal Support in Wrongful Death Attorney in Phoenix, Arizona

Legal Support in Wrongful Death Attorney in Phoenix, Arizona All of us can agree that it is painful to lose a beloved person in our life. However, the loss gets worse when it is caused by negligence or an unlawful act by another individual.

In common terms, a wrongful death occurs when a person dies as a direct or indirect consequence of someone else's wrongdoing, carelessness, or illegal activities. Wrongful death cases are a way to bring justice to people whose actions have harmed others.

Why Do You Need a Wrongful Death Attorney in Phoenix, Arizona?

Hearing of the death of your loved one is hard enough as it is and going through the lengthy legal process can be very challenging. Our wrongful death lawyers at Ilya Law practice in Phoenix, Arizona can help you not only with legal representation, but also emotional support during this trying time. Being number one as Wrongful Death Lawyers in Phoenix, we understand what goes into these cases and will do everything possible to ensure that you get justice. At Ilya Law we will:

• Investigate the Circumstances
• Identify Liable Parties
• Calculate Damages
• Navigate Legal Procedures
• Negotiate and Litigate

Common Causes of Wrongful Death

Automobile Accidents

Motor vehicle accidents and crashes involving cars, trucks, and bikes account for the highest incidences of wrongful deaths in Phoenix. Whenever an accident occurs, and it is a result of a driver’s negligence such as driving when intoxicated, speeding, careless driving or simply failing to control a vehicle, then the driver can be held liable for such an act.

Under certain circumstances, the liability may also include weather or navigational specialists or other parties such as employers who hired the negligent driver.

Medical Malpractice

Every patient expects the highest quality of treatment from the physician and all other healthcare providers. In such circumstances, if a patient who was reasonably expected to live does not survive, this death can be considered a wrongful death because of medical negligence.

Common examples would include failure in operation, inaccurate diagnosis, incorrect prescriptions/medications, and wrong medical treatments.

Workplace Accidents

An employer has the duty of providing a safe place of work. However, this does not rule out the possibility of workplace accidents especially in high risks such as construction, manufacturing, mining and many others that can result in death.

An employer’s negligence, unsafe work environment, and unsafe equipment may lead to the filing of a wrongful death suit in the workplace.

Defective Products

It is the responsibility of manufacturers, distributors and retailers to afford a reasonable safety to their products when used by the consumers. If however, a defective product leads to death, the manufacturer, supplier of such products and other persons along the value chain may be liable in a wrongful death claim.

Examples include poorly designed machines, ineffective and hazardous pharmaceutical products, and dangerous goods.

Criminal Acts

In cases where a family member is murdered by another person and this violent crime could be an assault, a homicide, etc. and the person who has committed this crime faces criminal court punishment as well as liability for damages in a wrongful death lawsuit, the perpetrator of that crime is also criminally liable.

A wrongful death action in such circumstances aims to compensate the family of the deceased and also provide punishment to the offender in excess of the criminal justice system.

Who Can File a Wrongful Death Claim in Arizona?

• Spouse: Surviving spouses are entitled to commence lawsuits owing to the wrongful death of their spouse.
• Children: The biological or adoptees of the deceased individual are also entitled to compensation for the wrongful death of an individual.
• Parents: The living parents either biological or those who fostered the deceased individual may seek compensation.
• Personal Representative: Any known personal representative of the deceased can file a wrongful death claim on behalf of either the estate or the remaining family members.

It must be remembered that in Arizona, siblings and grandparents and some other relatives are not entitled to bring a claim for a wrongful death of a relative no matter how close and loving their relationship was to that of their deceased family member, unless they are appointed legal personal representatives of the deceased's estate.

Compensation in Wrongful Death Claims

Economic Damages

The economic damages caused by the death of a person, including:

• Funeral and Burial Expenses
• Medical Expenses
• Lost Income
• Loss of Services

Non-Economic Damages

This includes the non–monetary loss which normally requires subjective estimation, such as:

• Loss of Companionship
• Emotional Distress
• Loss of Consortium

Punitive Damages

In situations in which the death was brought about by extreme negligence, the court can impose excess damages, which seek to protect society from the damages anticipated by the reckless party in the future.

The Legal Process of a Wrongful Death Claim

Steps to file a wrongful death claim are easy. However, you must approach each step with care and an understanding of the law. Below is what the procedures involve:

Initial Consultation

The first step that you need to take is to reach out to a wrongful death attorney based in Phoenix, Arizona. During this consultation, the attorney will go through the specifics of the case with you, help you understand your legal options, and inform you of your options.

Investigation

Upon retaining an attorney from Ilya Law, and before the case develops into legal action regarding what happened to your deceased loved one. A preliminary investigation is the focus of our efforts including obtaining insurance records, accident reports, witness accounts, expert testimony, etc. A central focus is to collect evidence that the acts of the defendant(s) led to the death of the deceased person.

Filing the Claim

After a conclusive investigation, Ilya Law drafts the necessary legal papers, and submits the wrongful death claim in the respective court. The claim outlines an explanation of the facts of the case, outlines the legal principles that support the cause, and outlines the relief to be claimed.

Discovery

In the discovery phase, the parties disclose the information and documents they hold with regard to certain factual issues in the case. This will consist of depositions, requests for the production of documents and interrogatories.

This stage of litigation enables both parties to prepare for trial and know the evidence and the arguments to be presented in support of each of the parties.

Negotiation and Settlement

Other factors may explain why most wrongful death cases are settled out of court even before a date for the trial is fixed. When this happens, Ilya Law will engage the other party to negotiate a settlement that compensates you against all your losses. If it is agreed upon by both the parties, the case is ended and there are further proceedings in the case.

Trial

If the parties cannot resolve the case by settlement, the case will be tried by a jury. At the time of trial both parties shall submit evidence as well and make an argument to either the judge, the jury or both as to why their claim should be adopted. The judge or jury will then make a determination as to whether the defendant is liable for the wrongful death and if so make a determination as to the financial damages.

Appeal

In case either of the parties is unsatisfied with the judgment, they have the right to request a higher authority court to reconsider the ruling to either sustain or overturn it. It is a request to change the trial court’s proceeding to see if there were real mistakes that may have altered the outcome.

Why Choose Ilya Law as Your Wrongful Death Lawyer in Phoenix, Arizona?

Ilya Law is well aware of all the intricacies from your case intake to settlement or verdict and we show every customer extreme professionalism and humanity all along the way. Here’s why you should choose us as your Wrongful Death Lawyers in Phoenix:

• Experience: We have handled numerous wrongful death claims over a span of many years therefore our clients do not have to worry that there is any legal complexity that will remain unsolved since we are skilled in that.
• Compassion: We appreciate how a traumatic event such as a wrongful death puts a strain on the entire family unit. We are situated on the other side of that so we have the resources to help and walk through this process with you as far as necessary.
• Results: The clients that we represent have received significant monetary compensation in the form of settlements and judgments in their favor. We will seek out justice and fight until you are compensated.
• Personalized Attention: Taking cases to trial is often a large undertaking with a substantial investment in expert opinions, investigative and legal services. We understand your situation and take the time to make a customized plan to suit you and cover these expenses so there is no out of pocket expense to you.

Contact Ilya Law Today for a Free Consultation

The Wrongful Death Lawyers in Phoenix will help you seek justice and appropriately punish the culprits. We offer an initial consultation at no cost to you and with no obligation from your side. We are happy to discuss your case with you and make an assessment.

To book your consultation, you may either contact us directly today Ilya Law, or use one of our contact forms on this site. We will not give you peace until you find justice.