The problem with filing any legal action, especially wrongful death, will be to determine who is primarily at fault. The wildfires have been blamed on everything from climate change to bad forest management, which allowed flammable dead trees and wood debris to remain scattered about, tinder waiting for ignition. Even the practice of building homes too close to forested areas are cited as a cause. Wrongful death actions by bereaved relatives will be of particular interest.
When lives are disastrously changed because of a death caused by the negligence of another party, regaining of damages can’t sufficiently reimburse the loved ones left behind. If you are searching for the very best attorneys, you have found the right law firm. We have the compassion and forceful advocacy to win, which are the foundations of our representation.
Wrongful death cases allow victims to seek compensation from the neglectful party. Family members who are entitled to a wrongful death lawsuit include a spouse and surviving children.
Who can bring a wrongful death lawsuit under Arizona law?
Wrongful death actions are brought by a family member such as the deceased’s spouse or the deceased’s children. If there is neither a surviving spouse nor any surviving children, other next of kin that is entitled to bring a wrongful death suit include parents, siblings, nieces, and nephews. If the deceased was a child, parents and siblings are entitled to bring a wrongful death suit. If there is neither a surviving spouse nor any next of kin, the deceased’s estate itself can bring a wrongful death action.
What types of compensation are available?
Wrongful death damages include:
- Loss of companionship
- Loss of services
- Loss of future income
- Loss of consortium
- Medical expenses
- Past lost wages
- Pain and suffering
- Physical disability
- Property damage
How are damages awarded if there is more than one person entitled to recover?
After damages are awarded by either a jury or judge, the judge will determine what amount will be received by each entitled family member. This determination is based primarily on the closeness and quality of the relationship with the deceased family member.
Although no money in the world can bring back your loved one killed in a wildfire, you’re entitled to financial compensation for your emotional trauma, grief, funeral expenses and other losses and damages associated with the death. Wildfire claims involve complex litigation, and a wrongful death lawsuit is the last thing any company would want, which is why negligent parties and their insurance companies may attempt to meddle with the investigation to avail themselves of the liability and/or minimize the compensation. With the help of an experienced wrongful death attorney, you can ensure that your case is being properly handled to get you significant compensation for your losses and damages.