When a family member dies due to the fault of someone else, a claim for a wrongful death suit can be filed. The difference between a wrongful death and a personal injury claim is that the victim is not bringing forth the suit, but rather a family member or the victim’s estate. A wrongful death claim is intended to recover damages the survivors have suffered. Recovery of damages for pain and suffering are not allowed in a wrongful death claim. The main reason for a wrongful death suit is to provide monetary compensation for the family that has been emotionally and financially injured due to the death of the family member.
The action for a wrongful death claim is governed by statute; therefore, there is a limit as to who may file a claim. As a general rule, the surviving spouse and children may file the claim. The plaintiff must bring a claim for action within 1 year of the date of the victim’s death.
It is imperative that measures be taken promptly to make sure evidence is preserved, an investigation can take place and a lawsuit can be filed before the statute of limitations is reached.
If a family member has been the victim of a wrongful death, contact a Phoenix personal injury attorney as soon as possible. The legal team of Mark and Alexis Breyer have years of experience fighting these types of cases. Contact them today for a initial consultation. They will diligently fight to recover the compensation you deserve.
Call Breyer Law Offices now at 602-978-6400, 623-934-5400, 480-753-4534 or Espanol 602-222-8787 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. We offer a free initial consultation and if we agree to accept your case, we get paid for our services only if there is a recovery of funds. Don't wait, a lawsuit must be filed before the statute of limitations expires.
The information offered by Breyer Law Offices and contained herein, regarding Arizona statutes and claimants' rights is general in scope. No attorney-client relationship with our attorneys is hereby formed nor is the personal injury information herein intended as formal legal advice. Please contact a lawyer regarding your specific inquiry.