Laws Pertaining to Wrongful Death Cases:
A Tempe wrongful death case is a civil cause of action that allows family members and dependents to seek justice against individuals responsible for causing the death of a loved one due to negligence or intent. The deadline for filing a wrongful death case is generally two years from the date of the deceased’s passing. It’s essential to act promptly and seek legal counsel to preserve your rights and build a strong case.
Liability Despite Criminal Verdict:
In wrongful death cases, if the responsible party is found not guilty in a criminal trial, they may still face liability through civil action. Wrongful death lawsuits in Tempe are distinct from criminal proceedings and operate under a different burden of proof.
While criminal trials require proof beyond a reasonable doubt for a guilty verdict, wrongful death civil cases rely on a lower standard of proof known as “preponderance of the evidence.” These standards indicate that if the evidence suggests it is more likely than not that the individual’s actions led to the death, they can still be held liable in a civil court.
This distinction ensures that accountability is possible even if a criminal case doesn’t result in a conviction. Wrongful death lawsuits allow family members of the deceased to seek justice and compensation for their loss, irrespective of the criminal case’s outcome.
Navigating the legal complexities of wrongful death cases requires skilled and experienced legal professionals. At The Sorenson Law Firm, we are dedicated to providing compassionate support and expert representation to help bereaved families seek the justice they deserve, regardless of the criminal verdict. We guide you through the process with sensitivity and determination.
Who May Sue for Wrongful Death?
Under Arizona law A.R.S. § 12-612, certain individuals can file a wrongful death claim. The following parties may generally be eligible to seek compensation:
- Immediate Family Members: Spouses, children, and parents of the deceased.
- Legal Guardians: Their legal guardians can file a claim if the deceased is a minor.
- Personal Representative: The appointed personal representative can pursue the claim on behalf of the estate if no one of the deceased survived.
Compensation in a Wrongful Death Claim:
Although no money can compensate for losing your loved one, a successful claim can offer financial assistance and ensure the responsible party is held accountable. In a wrongful death case, compensation may include the following aspects:
- Funeral and Burial Expenses
- Medical Expenses
- Lost Income
- Loss of Companionship
- Pain and Suffering
Our Legal Team’s Approach
The Sorenson Law Firm’s legal team thoroughly investigates wrongful death cases to build a strong and compelling case on behalf of our clients. Our approach involves a comprehensive and meticulous investigation to uncover crucial evidence and establish liability. Here’s how our legal team conducts the investigation:
- Gather all relevant evidence that led to the wrongful death. This evidence may include the accident or Incident Scene Investigation, Interviews of witnesses present at the time of the incident, Police Reports, and official Records related to the incident.
- Consult with experts who can provide specialized insights into various aspects of the incident.
- Comprehensively examine the deceased’s medical records. Our goal is to gain a clear understanding of the treatment they received and to identify any possible instances of malpractice.
- Our legal team assesses whether the responsible parties adhered to safety regulations and standards that could have prevented the incident.
- Meticulously examine the incident’s relevant documents, contracts, and agreements, looking for potential liability and negligence.
- Our team determines all potentially responsible parties involved in the incident and assesses their degree of liability.
- Keep the deceased’s family members informed throughout the investigation process.
Drawing from the available evidence and expert analysis, we meticulously build a compelling and convincing argument to advocate for our client’s pursuit of justice and fair compensation. At The Sorenson Law Firm, we are committed to thoroughly investigating every aspect of wrongful death cases, ensuring that no detail goes unnoticed. Our unwavering dedication to uncovering the truth and seeking justice is at the core of our practice. Our legal team provides compassionate support to our clients at each step.
Q: In Arizona, who can file a wrongful death claim?
A: In Tempe Arizona, specific individuals have the right to file a wrongful death lawsuit. Typically, immediate family members, including spouses, children, and parents of the deceased, are eligible to pursue the claim. Legal guardians can file on behalf of a deceased minor, and a personal representative can pursue the claim if there is a will.
Q: Are wrongful death settlements taxable in Arizona?
A: In Arizona, wrongful death settlements are generally not taxable income for the beneficiaries. According to the Internal Revenue Service, compensation received due to a wrongful death claim is typically considered a nontaxable recovery for personal physical injuries or physical sickness. Therefore, the money awarded in a wrongful death settlement is usually not subject to federal income tax.
Q: How long does a wrongful death case typically take to resolve?
A: The length of a wrongful death case may differ based on various factors, such as the complexity of the case, the accessibility of evidence, and other related considerations. Certain cases can be resolved through negotiation or settlement, while others may need to go to trial.
For more information, consult our experienced team and discuss your cases so we can guide you through the process.
At The Sorenson Law Firm, we stand by your side with unwavering support and compassionate guidance in cases of wrongful death in Tempe Arizona. We establish a solid argument by focusing on comprehensive research and expert analysis. We can assist you in getting through this difficult period by taking care of your legal issues and emotional health. We respect the memories of your loved ones while also assisting you and your family in building a better future. Contact us immediately for a free consultation, and we’ll help you receive justice.
You can contact us by calling (480) 839-9500 or visiting our office at 950 West Elliot Road, Suite 226, Tempe, Arizona 8528412. You can also submit your legal inquiry through our website.