Receiving just treatment and compensation after the loss of a family member in an accident is far from a simple process. Insurance companies intentionally complicate the claims process, aiming to minimize payouts. That’s why having an Agave Injury Law by your side, known for effectively challenging insurance companies, is step one in the process. Your family deserves true justice, and we are dedicated to achieving that for you.
In an instant, life can turn upside down with the tragic loss of a family member, spouse, or loved one. Enduring such a loss is profoundly devastating. When someone’s life is taken due to another’s wrongful act, negligence, or misconduct, surviving family members are left grappling with immense grief and uncertainty.
In Agave Injury Law recognize the rights of surviving family members to seek justice and financial compensation through a wrongful death lawsuit on behalf of the deceased. This legal avenue holds accountable those responsible for the loss caused by their negligence, whether it be an individual, business, or governmental entity.
A wrongful death lawsuit is a civil matter where damages are awarded to the surviving family rather than punitive actions against the defendant as in criminal cases. However, in cases of extreme negligence, punitive damages may be sought. While no amount of compensation can fill the void left by the departed, it can alleviate the financial burdens faced by the surviving family members.
With numerous years of experience, the Phoenix wrongful death lawyers at Agave Injury Law are dedicated to helping Arizona injury victims and their families obtain the fair compensation they rightfully deserve. We stand ready to assist you in navigating this challenging legal process and seeking the justice your loved one deserves.
Under Arizona law, A.R.S. section 12-612(A), an action for wrongful death shall be brought by and in the name of the following:
In Arizona, there exists a statute of limitations concerning wrongful death actions. The state mandates that a claim must be submitted within two years from the date of death. Only the spouse, children, or parents of the deceased individual hold the legal right to file a wrongful death action. Additionally, in the event that other family members are unwilling or unable to file, a personal representative of the deceased’s estate is permitted to do so. This provision extends to personal representatives of a deceased child, parent, or spouse in a wrongful death case. If the deceased individual was a child, either parent or the child’s legal guardian retains the right to file a wrongful death action.
While it’s clear that nothing can restore a lost loved one, there remain numerous expenses related to their passing that must be addressed. Some of the typical damages pursued in a wrongful death case include:
Navigating the wrongful death claims process in Arizona can be daunting, especially following the sudden loss of a loved one. At Agave Injury Law, we’ve assisted Arizona residents in coping with the aftermath of fatal accidents caused by another’s negligence for many years. Through adeptly handling personal injury and wrongful death claims, we strive to alleviate your burdens during this trying time. Drawing upon years of experience in Arizona personal injury law, we are committed to advocating for you and your case. Understanding the complexity of your situation, we pledge to utilize all available resources to pursue the best possible settlement for you. Your claim matters to us, and we are dedicated to achieving the justice you deserve.
Think you have an injury-related case? Reach out today and see if we can help assist you.
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I am so grateful to have had Agave Injury law represent me in my case. It was truly a pleasure to work with Logan. Working with him felt like working with a Friend! I would recommend Agave injury law to anyone!
When you need a personal injury lawyer, Logan Tinker is the kind of personal injury lawyer you need on your side. He will work hard to give you the settlement you truly need. Integrity and the negotiation ability to get insurance companies to pay what they should are two of his many assets. Totally 5 Star!
A great experience working with Logan. Handled all my medical and truck repairs. Very very satisfied with working with him. And got me at really nice settlement.
Logan and his team made a bad situation so much better. He was kind and made sure we had excellent communication throughout the whole process. I highly recommend his services and will be recommending him to my friends and family. Thank you Logan and team!!
Logan was absolutely amazing with my case! He went and above and beyond and delivered what he promised. Very knowledgeable and kept me updated on where things were at. Highly recommended and if I ever need an injury lawyer again he will be the first one I call.
Logan is an amazing attorney. He is knowledgeable and educated me on the whole process of my lawsuit. He kept me informed and is very responsive. Logan got me an excellent settlement. I highly recommend Logan!
I highly recommend Agave Injury Law.
Logan was empathetic and handled my car accident case with much care and attention to detail.
Logan took time to answer any questions I had and kept me updated about any proceedings all along the way.
My case was settled for much more than I expected, and I’m very grateful for Logan’s expertise.
Q. 1. How long do I have to file a wrongful death lawsuit in Arizona?
It’s important to know that state laws impose a time limit on your Phoenix wrongful death lawsuit. Phoenix wrongful death victim’s families must use the appropriate timetable to seek compensation, called the “statute of limitations.” This limit can be as brief as 180 days, or as long as two years.
Q. 2. How much money can I get from a Wrongful Death lawsuit?
While no amount of money can fill the void left by the loss of a loved one, achieving financial stability and holding responsible parties accountable can offer survivors a sense of closure and security.
Courts may take into account several factors when assessing wrongful death damages, such as:
Q. 3. What Are The Common Causes Of Wrongful Deaths?
By definition, wrongful death is when a person is killed due to the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of the decedent, may be entitled to monetary damages.
Wrongful deaths occur in situations like the following:
Q. 4. Do You Have To Pay Taxes On A Wrongful Death Settlement?
While certain lawsuit proceeds are deemed taxable income by the IRS, wrongful death settlements are exempt from taxation.
The IRS only considers income as taxable. If funds are not recognized as income by the IRS, income tax regulations do not apply. As per IRS Rule 1.104-1, proceeds from a wrongful death settlement fall under this non-taxable category.
However, exceptions to Rule 1.104-1 exist. Certain portions of a wrongful death claim might be taxable if they are designated for interest payments or medical expenses that were previously deducted from taxes. Additionally, emotional distress damages may be subject to taxation if they stem from trauma unrelated to physical injuries.
Q. 5. Who Can File a Wongful Death Claim?
The eligibility to pursue a wrongful death lawsuit differs depending on the state. An Agave Injury Law wrongful death attorney can evaluate your individual circumstances during a complimentary consultation.
Typically, those who can file wrongful death lawsuits include:
