Losing a loved one in an accident is an overwhelming tragedy. No one should have to face the burden of learning how to file a wrongful death lawsuit while mourning. Unfortunately, time is of the essence when it comes to securing the full amount of compensation your family deserves.
That is why our team at Sargon Law Group is passionate about helping families in this difficult situation. We can walk you through the process of filing a wrongful death lawsuit or handle the claim on your behalf while you address your family’s immediate needs.
What Is a Wrongful Death Lawsuit?
Wrongful death is when someone dies due to the negligence, carelessness or intentional actions of another person or group. A wrongful death lawsuit is the legal action you take to recover compensation from the party who caused the untimely death of your loved one.
A wrongful death lawsuit follows the processes outlined in personal injury law. This is because filing a wrongful death claim entails seeking the compensation the deceased would have been eligible for if they survived the accident. However, your family will likely be eligible for additional compensation for the pain, suffering and loss of consortium you experience due to the death of a loved one.
Is Wrongful Death a Civil or Criminal Lawsuit?
Wrongful death is a civil lawsuit. This is because the goal of a wrongful death case is to recover damages for the other party’s negligence. In a criminal lawsuit, the claimant pursues a verdict that will ensure penal consequences for the defendant rather than financial compensation.
However, the person at fault for causing a wrongful death could face separate criminal charges as well. For example, a drunk driver is not necessarily guilty of murder if they cause an accident that results in wrongful death, but they will likely face criminal charges for driving under the influence.
If the other party receives a criminal conviction, it can greatly strengthen your wrongful death case. For example, a DUI conviction would undeniably prove the other driver’s negligence and carelessness. It would go a long way toward proving that the death was due to the wrongful actions of the other driver rather than the deceased’s own actions.
Who Can Sue for Wrongful Death?
Arizona’s wrongful death law states that only a surviving spouse, child, parent or legal representative of the deceased can sue for wrongful death. Any settlement from the claim will be split between those parties.
A sibling cannot sue for wrongful death in most cases. The only exception is if a sibling is the legal representative or executor of the deceased’s estate. If the deceased didn’t name a sibling as executor while they were alive, the sibling might still take on the role. This can happen when another eligible family member appoints the sibling as executor or if the court decides it’s appropriate because there are no other surviving relatives.
What Are the Steps To File a Wrongful Death Claim?
Filing a successful wrongful death claim starts by gathering strong evidence. Your lawyer will conduct a thorough investigation and use their resources to obtain hard-to-get evidence such as police reports or security camera footage. A lawyer can then use this evidence to determine all the parties who might be liable for your loved one’s wrongful death and calculate how much your claim is likely to be worth.
With capable legal help and compelling evidence, you can file your claim with confidence. Your lawyer can handle the process of submitting the necessary paperwork to the court and sending notification of the claim to the defendant or their insurance company.
When you decide to file a wrongful death lawsuit, the steps you follow and the things you say can make all the difference in how successful your case is. It is important to handle the process correctly, so consider talking to a lawyer early on to make sure you have all the help and guidance you need.
How Can You Prove Fault in a Wrongful Death Case?
Even if you and your legal team are confident about who is liable for your loved one’s wrongful death, you still bear the burden of proving it to the court. The key elements that you must prove in a wrongful death case are:
- Duty of care: The defendant’s obligation to act with reasonable care toward the deceased when the accident occurred
- Breach of duty: Actions or negligence by the defendant that violated their duty of care toward the deceased
- Causation: A direct link between the defendant’s breach of duty and the wrongful death of the deceased
- Damages: In order to file a claim, you must prove that you are eligible to receive damages from the defendant due to their breach of duty and causation of wrongful death
Medical records, witness testimonies, expert testimonies and financial documents are just a few of the items that can be instrumental in proving fault. It is important to document everything and take relevant photos whenever possible to help strengthen your case.
What Happens During a Wrongful Death Lawsuit?
After filing a wrongful death lawsuit, there are typically more hurdles to go through before securing the compensation your family rightfully deserves. Insurance companies may not always offer a satisfactory settlement immediately, as they often aim to minimize payouts. This makes it important to carefully evaluate any offers before accepting. You cannot pursue further compensation after accepting a settlement, so it is worth your while to go through the process and make sure you get the full amount owed.
Discovery
In the discovery phase, both sides exchange the evidence they will use during negotiations and trial. This helps clarify the facts and establish liability. New information often comes to light during discovery, which may make it necessary for each party to conduct additional investigations before proceeding.
Discovery also offers each party a chance to ask questions or take statements from witnesses. Your legal team will make sure that all statements and responses are in writing, as they can be effective as evidence or leverage in negotiations.
Negotiations
In a wrongful death lawsuit, negotiation is a series of offers and counteroffers for a settlement. This process will likely start as soon as you file your claim, with either your lawyer or the insurance company naming an initial amount that they will settle for.
It is a common tactic for personal injury lawyers to start by asking for much more than what the claim is likely worth. This is because the insurance company is likely to fight tooth and nail to negotiate the number down. Likewise, the insurance company will usually start by offering a low amount in the hopes of paying you less than they owe. This is why it is so important to think hard before accepting an initial settlement offer.
Trial
Most personal injury cases, including many wrongful death cases, conclude during negotiations. This is because neither side wants to deal with the time, effort or cost of going to trial. If the insurance company repeatedly refuses to offer an acceptable settlement, though, taking your case to court may be the only way to hold them fully accountable.
During litigation, your legal team will present your case to the court. This often requires strategically restructuring the evidence and arguments in a way that appeals to judges and juries. Trials can also be much more confrontational than out-of-court negotiations, so it is very important to entrust your case to experienced trial lawyers who are comfortable in this setting.
How Long Does a Wrongful Death Lawsuit Take?
The time it takes to resolve a wrongful death case can range from a few months to several years. The timeline can vary so much because every case is completely unique — sometimes, the circumstances are clear-cut, and the insurance company is open to negotiation. Other times, uncertainties and confrontations can draw out the process.
If the liability is clear and the documentation is thorough, you can settle a wrongful death case in less than a year. Engaging in a legal battle is a hassle for insurance companies as well, so they benefit from quickly compromising when the odds are not in their favor.
If the insurance company thinks they can get away with paying you less, they will fight hard to do so. It may be necessary to bring in a mediator or arbitrator to facilitate discussions, which can require scheduling extra sessions. If the case goes to trial, it can be extended by many more months due to the need to schedule court dates.
Are Wrongful Death Settlements Taxable?
Lawsuit settlements are usually taxable, but settlements from wrongful death or personal injury are not taxable. This is because the IRS exempts proceeds from personal injury claims from its policy of taxing all income from any source. Since the law classifies wrongful death as a claim resulting from personal injury, it is eligible for this exemption.
Keep in mind that if the court deems that the death did not occur due to physical injury, illness or associated conditions, then you may owe taxes if you still secure a settlement. Your personal injury lawyer can help you understand what your tax obligations might be after resolving your claim.
How Much Is a Wrongful Death Settlement Worth?
The value of a wrongful death settlement can vary greatly depending on the unique factors of the case. The deceased’s age, the family’s financial situation, medical costs and funeral costs can all affect the final settlement.
Ultimately, though, the settlement for your case should fully account for all of your damages. Damages in a wrongful death case can vary widely depending on the circumstances, but they often include:
- Medical and funeral expenses
- Lost wages and loss of future income
- Loss of inheritance prospects
- Emotional pain and suffering
- Loss of companionship or parental loss
There are steps you can take with your legal team to make sure your settlement is worth all the damages you suffered. Get an evaluation from your attorney, seek expert testimony to demonstrate intangible losses and gather thorough documentation that outlines all current and future costs related to the wrongful death.
How Can a Lawyer Help With a Wrongful Death Lawsuit?
Your lawyer can be much more than just a suit who handles legal tasks for you. During a wrongful death lawsuit, your lawyer can be a constant ally who understands how painful the process is because they have seen it countless times before. They leverage that experience to give you practical guidance at every step and make sure you have the space to grieve as you see fit.
At Sargon Law Group, our wrongful death attorneys can help with your lawsuit by:
- Investigating the cause of the wrongful death
- Gathering evidence to identify liable parties
- Filing your claim and completing other paperwork
- Negotiating with insurance companies and other lawyers
- Representing you in court if you decide to sue
If you ever have doubts or questions, do not hesitate to reach out to a lawyer who can thoughtfully explain your legal rights.
What Is the Statute of Limitations for a Wrongful Death Case?
The statute of limitations for personal injury cases in Arizona, including wrongful death cases, is two years from the date of the accident. This means that you cannot take legal action against the at-fault party for the accident after that time elapses, so it is important to act quickly.
Sargon Law Group also helps with wrongful death cases in Colorado and California, where the statute of limitations is also two years. Our clients in New Mexico have three years before the deadline, but it is still worthwhile to start the process early so that crucial evidence does not become lost.
Contact a Wrongful Death Attorney at Sargon Law Group
At Sargon Law Group, we are passionate about holding negligent parties accountable when their careless actions deprive you of a loved one. Contact our wrongful death attorneys today to learn more about how to file a wrongful death lawsuit. Your consultation is free, and you only pay us after we win a settlement for your case.