Wrongful Death Attorney in Glendale, AZ
According to the CDC, in 2018, there were more than 200,000 unintentional deaths. About 42,114 of those were deaths from falls—both falls from a height and slip and falls—while an almost equal number of unintended deaths were from motor vehicle accidents. Medical malpractice due to medical error is the third leading cause of death in the United States, making up 10 percent of all deaths in the U.S. Whether your loved one is the victim of medical malpractice, died as a result of the negligence of another driver, was killed in a fall accident, or any other type of wrongful death, having a wrongful death lawyer to help you through this difficult time can make a significant difference.
Gross negligence and unforeseen accidents contribute to devastating consequences for family members who have to bury a loved one and try to move on with their lives. Loved ones and family members are often forced to deal with very complicated situations suddenly when they lose a loved one unexpectedly. This can include medical bills, funeral expenses, and a general adjustment to their lives that they would not otherwise have had to make if the loved one were still alive. Having an experienced wrongful death attorney by your side can allow you the time to grieve while your attorney deals with the legal aspects of the wrongful death.
If you are interested in pursuing a personal injury claim on the behalf of your loved one, particularly when there are surviving family members who would have been dependent on the care, compassion, and financial support of that loved one, Brad Johnson can help. As a survivor, you may be able to file a wrongful death claim when a loved one dies due to the negligence of another person or entity. Dealing with the death of a loved one can be painful and difficult to handle emotionally. It can also include adverse financial issues related to unpaid medical bills, lost wages of the deceased, funeral expenses, and lost companionship.
The Value of an Experienced Wrongful Death Lawyer
Brad Johnson Injury Law was founded in 2020, however, Brad and his team have more than thirty years of personal injury experience. Brad’s goal is to connect to his clients, creating not just a business relationship, but also a personal relationship. Clients will work directly with attorney Brad Johnson, however, the entire team provides support, and is dedicated to helping each and every wrongful death and personal injury victim receive a fair settlement. Each member of our team has dedicated years of service and is fully committed to upholding our mission and values. At Brad Johnson Injury Law we:
- Have three decades of pertinent experience
- Are a local law firm, rather than a large, impersonal regional/national law firm
- Take an individualized approach to each case
- Ensure each client works with Brad Johnson as well as our team
- Have more than 100 positive Google reviews
- Believe deeply in our core values
- Are available 24/7
- Offer free consultations
- Don’t get paid unless we win
- Have a 25 percent fee vs. the typical 33.3 percent fee
- Have English and Spanish-speaking staff
At Brad Johnson Injury Law, we offer compassion, personalized service, experience, knowledge, and the necessary skills to ensure you receive a fair settlement for the wrongful death of your loved one.
What is a Wrongful Death?
In its simplest form, wrongful death is a personal injury claim in which the victim dies from his or her injuries. Both personal injury claims and wrongful death claims are the results of the negligence of another person or entity. A wrongful death claim is a legal action for surviving family members after their loved one has been killed by another’s negligent actions. Of course, a financial settlement will not bring your loved one back—no amount of money can do that. What it can do is allow you and other loved ones left behind to move forward without worrying about finances. You may be eligible to receive lost wages, funeral expenses, medical expenses, lost companionship, and more as a result of the wrongful death.
What are the Specific Elements of a Wrongful Death Lawsuit in Arizona?
If you want to bring a wrongful death claim in Arizona, the following elements must be present:
- The death of your loved one was the direct result of another’s negligence, or another’s intent to cause harm.
- There must be specific monetary damages related to the death for the surviving family members.
- There must be a spouse, child, parent, or personal representative to bring the wrongful death claim on behalf of the estate of the decedent.
What Are Some Common Causes of Wrongful Death Claims?
Automobile accidents (including car, truck, motorcycle, bicycle, and pedestrian), along with medical malpractice claims make up a large portion of wrongful death claims. A large percentage of auto accidents are the direct result of the negligence of one or both drivers. Medical malpractice claims are often the result of misdiagnoses, failure to diagnose, surgical errors, or substandard care.
Slip and fall accidents, due to hazardous conditions on public or private property, also make up a significant amount of wrongful death claims. An intentional killing can also result in a wrongful death claim. As an example, if one person murders another, the defendant will face criminal charges and, if found guilty, will be punished by the legal system. The family of the victim can also bring a wrongful death claim (a civil claim) against the defendant that is separate from the criminal case.
Workplace fatalities are another type of wrongful death claim. While family members may be entitled to workers’ compensation benefits, if the wrongful death was caused by gross negligence or malicious behavior, loved ones may also file a wrongful death claim. Workplace fatalities are most often caused by contact with objects or equipment, traffic incidents, falls, and exposure to harmful substances.
Toxic foods that cause death, dangerous drugs and medical devices, and defective products can also be responsible for a wrongful death. Any person found negligent can be sued for wrongful death in the state of Arizona. A doctor who committed malpractice, a property manager who knew of a dangerous condition and failed to correct it, or a driver who was texting while driving are all examples of those who can be held accountable in a wrongful death claim. If you are uncertain whether the death of your loved one has the elements of a wrongful death, talk to attorney Brad Johnson.
Who Can File a Wrongful Death Claim in the State of Arizona?
Under A.R.S. Section 12-611, wrongful claims can be brought to civil court if the decedent would have been able to file a personal injury claim based on the negligent or wrongful behavior that resulted in their death. This means the family of a decedent who would have had a valid personal injury claim can file a wrongful death claim. Arkansas law limits who can file a wrongful death claim to the following:
- The surviving spouse of the decedent
- The surviving children of the decedent
- A surviving parent or guardian of the decedent
- The personal representative of the decedent’s estate
- The personal representative of the decedent’s spouse, child, parent, or guardian
If the deceased person is a child, the parents or guardians can file a wrongful death claim on behalf of the child.
What Damages Can You Expect from a Wrongful Death Claim in Arizona?
Wrongful death claims in Arizona are expressed as monetary or financial losses for the family members. The first category of damages has to do with losses inflicted on the deceased person’s estate and these include medical bills, burial expenses, the value of lost wages, pain and suffering, and replacement or repair of property damaged in the event. The second category has to do with the family’s losses, including pain and suffering, loss of care and companionship, and the lost value of household services performed by that family member.
No longer being able to pay the utilities, rent and other living expenses can put additional pressure on family members who have already lost someone they love. An experienced wrongful death attorney may be an important advocate to consider if you or someone you know has recently lost a loved one. Taking action and holding a relevant party accountable in court by filing a wrongful death claim may empower you to get the funds you need to move on into a more successful future.
If you have experienced the unexpected and sudden loss of a loved one because of an accident that was caused by someone else’s wrongdoing or recklessness, Arizona law enables you to take legal action against the responsible party. Surviving family members may be able to file a wrongful death claim against the negligent entity, company, or person to help to cope with the non-economic losses and unexpected expenses that occur after a wrongful death. It may seem like an additional burden to take legal action after you have lost a loved one. However, speaking with attorney Brad Johnson can help to clarify your options for gaining restitution.
No family member should have to bury a loved one because another person was not paying attention behind the wheel or was engaged in other reckless behavior. Immediate family members in Arizona maintain the right to claim wrongful death damages against the person who caused the loved one’s death. When a person passes away, many lives will be affected by these consequences but not every person is able to file a lawsuit against the at-fault party.
One of the most common questions surrounding wrongful death claims is whether or not a settlement offer that has been presented by the responsible party should be accepted. Taking your case to court for a decision may seem like one way to prolong the grief and agony of an already difficult situation. However, a settlement offer presented by an insurance company, or another responsible party may not fully and fairly compensate you for the losses you’ve suffered because of a loved one’s death.
Having a wrongful death attorney in your corner can help you better understand the many ways that all your family members’ lives have been affected by the loss of your loved one. Your attorney from Brad Johnson Injury Law will be the strong advocate in your corner, fight for your rights, and explain your options when a settlement offer is received.
What Are the Statutes of Limitations in Arizona?
The statute of limitations is the window of opportunity you have in which to file a wrongful death claim following the death of your loved one due to negligence. Each state sets its own statute of limitations; in the state of Arizona, the statute of limitations for filing a wrongful death claim is two years from the date of the death. There are certain exceptions, so it is always a good idea to seek legal advice promptly to avoid evidence being lost and facing the inability to claim damages for the wrongful death. If a government entity is the negligent party (a city, county, municipality, etc.) a Notice of Claim must be filed within 180 days and the wrongful death lawsuit must be initiated within one year. Again, you should always speak to knowledgeable attorney Brad Johnson to ensure you do not miss your window of opportunity to file your wrongful death claim.
How Brad Johnson Injury Law Helps Injured Victims in Arizona
Attorney Brad Johnson will be well prepared to negotiate outside of court in the event that a settlement offer is probable and fair, however, Brad is equally comfortable in a litigation setting. Simply having an attorney who is willing and extremely able to litigate your claim is an extremely powerful bargaining tool. Brad Johnson Injury Law offers solid legal counsel from an experienced, knowledgeable, highly-skilled wrongful death attorney. With a strong track record of favorable outcomes for other families going through a wrongful death claim, Brad Johnson is ready to help you through the process. Contact Brad Johnson Injury Law today for assistance with your wrongful death claim in Glendale, AZ.