The untimely death of a loved one is always hard, but it is particularly devastating when someone else’s negligent or reckless behavior causes it.
The sudden and traumatic loss of a family member in Glendale, Arizona, can significantly impact the emotional and financial well-being of the person’s survivors. You may face considerable medical bills and funeral costs as you struggle to cope with your grief.
Fortunately, you do not have to go through this challenging time alone. The Glendale wrongful death lawyers at Mushkatel, Gobbato, & Kile, P.L.L.C., are ready to alleviate the burden by helping you file a wrongful death claim to seek the financial relief your family deserves. We offer personalized, compassionate representation and can handle even the most complex wrongful death cases.
Contact our office when you are ready to discuss your options in a confidential consultation. Many families find comfort and closure through seeking a measure of justice for their deceased loved one.
Table of Contents
- What Is a Wrongful Death?
- How Our Glendale Wrongful Death Lawyers Can Help
- Who Can File a Wrongful Death Claim in Glendale, Arizona?
- Why Should I File a Wrongful Death Claim?
- Who Can Be Held Liable for a Glendale Wrongful Death?
- What Sort of Compensation Can Be Recovered?
- Are Wrongful Death Lawsuit Settlements Taxable in Arizona?
- What Is the Statute of Limitations for a Glendale Wrongful Death Claim?
- Contact Our Glendale Wrongful Death Lawyers Today
What Is a Wrongful Death?
Under Arizona law, a wrongful death occurs when the death of a person results from someone else’s “wrongful act, neglect, or default.” Some common causes of wrongful death include car accidents, pedestrian accidents, medical malpractice, unsafe premises, and nursing home abuse or neglect.
Although the party who caused your loved one’s death may face criminal charges, your right to bring a wrongful death claim or survival action is separate and distinct from the criminal case.
Our lawyers, who are experienced in handling the complex legal procedures in wrongful death cases, want to help you and your family during this difficult time.
How Our Glendale Wrongful Death Lawyers Can Help
At Mushkatel, Gobbato, & Kile, P.L.L.C., our Glendale wrongful death lawyers have extensive experience helping families in the aftermath of the unexpected death of a loved one. Our lawyers are prepared to help with your situation by:
- Investigating the accident or harmful incident. Our firm can thoroughly investigate the circumstances that led to your loved one’s death to determine who is liable. We can then build a robust case by speaking to witnesses, reviewing available accident reports and medical records, interviewing law enforcement, and gathering expert testimony.
- Pursuing a fair settlement of the case. We understand it may be intimidating to speak to insurance companies and other parties, which is why we handle all communication and negotiations with the insurers. We will aggressively pursue a settlement that gives you the full and fair compensation you deserve.
- Filing a wrongful death lawsuit. If the insurance companies refuse to settle or make a lowball offer, we can file a wrongful death lawsuit to seek the compensation your family needs. Our seasoned trial attorneys have the experience to take your case to trial if necessary.
- Handling the distribution of proceeds. Whether you receive settlement funds or a monetary award in court, we will assist with handling the distribution of the settlement or verdict proceeds.
Who Can File a Wrongful Death Claim in Glendale, Arizona?
Under Arizona law, the victim’s surviving spouse, child, parent or guardian, or an appointed personal representative may bring a wrongful death claim. But only one wrongful death claim can be filed.
Whoever brings the claim does so on behalf of all beneficiaries. That party must pursue the claim and disburse any financial recovery while acting “in good faith.” For this reason, even if you are not the party that brings a wrongful death lawsuit, you should consider getting legal representation in order to ensure your rights are fully protected.
Note: In contrast to many other states, brothers and sisters of a wrongful death victim in Arizona do not have the right to bring a claim for damages. Our wrongful death lawyers in Glendale can help.
Why Should I File a Wrongful Death Claim?
When coping with losing a loved one, you may wonder whether you should file a wrongful death claim. Although you can never replace the person you lost, a successful wrongful death claim could give you and your family some justice and compensation for the losses you have experienced due to your loved one’s death.
Our Glendale wrongful death lawyers can review the circumstances of your case and explain how filing a wrongful death claim could benefit your family.
Who Can Be Held Liable for a Glendale Wrongful Death?
Multiple parties and entities may be held liable in a wrongful death case, depending on the circumstances. Potential examples include the following:
- An individual, such as a motorist
- A doctor or another medical provider
- A property owner or manager
- The manufacturer or distributor of a defective product
- A corporation or government entity
What Sort of Compensation Can Be Recovered?
In a wrongful death case in Arizona, you can pursue “fair and just” compensation for the financial and emotional losses you suffer due to your loved one’s death. You could be entitled to seek financial relief for the following:
- Medical, funeral, and burial expenses
- Loss of your loved one’s love, affection, care, companionship, and guidance
- Loss of income and services your loved one would have provided had they survived
- Mental pain, anguish, and suffering
- Loss of consortium
Are Wrongful Death Lawsuit Settlements Taxable in Arizona?
No, any money you receive in a settlement from a wrongful death lawsuit is not taxable. According to the IRS, compensation for injuries or sickness, including wrongful death, is generally excluded from gross income and thus not taxable. There are a few exceptions, so it’s best to speak to a knowledgeable wrongful death attorney to determine whether any exceptions might apply to your settlement.
What Is the Statute of Limitations for a Glendale Wrongful Death Claim?
In Arizona, you must file a wrongful death lawsuit within two years of the victim’s death. Although this may seem like a long time, two years can pass quickly, and building a robust wrongful death case can take time. Vital evidence can disappear, and witnesses’ memories can fade as the months pass.
It is crucial to contact our Glendale wrongful death attorneys as soon as possible after your loved one’s death. We can investigate the circumstances of the death, gather crucial evidence to prove liability, and handle all the necessary paperwork to file a claim.
It’s essential to make sure you file suit by the statutory deadline. If not, the court will likely dismiss your case, and you will lose your chance to seek compensation in civil court. Our attorneys can handle all the legal details of your case and keep track of important deadlines to protect your rights.
Contact Our Glendale Wrongful Death Lawyers Today
If your loved one died in an accident caused by another party’s negligent behavior, you may be entitled to file a wrongful death claim. Our Glendale wrongful death lawyers want to help you pursue the compensation and justice you and your family deserve for your loss. Do not hesitate to contact a wrongful death lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C., today to get started with a confidential consultation.