Each state has its own time limit for bringing a legal action for wrongful death. Do not delay. Contact our firm today to schedule a consultation with an attorney.
Wrongful Death Information Center | Phoenix, Arizona Lawyers
Our law firm focuses entirely on personal injury and wrongful death claims. We help survivors whose loved ones have been wrongfully killed because of a product defect, a car accident, motorcycle accident, semi-tractor trailer accident or a drunk driving accident, an attack on improperly secured premises, or any other negligent or intentional action that cut short your loved one's life.
To learn more about your legal rights, accident injury law and how we can assist you in seeking justice, please call to schedule a free initial consultation with one of our experienced personal injury lawyers: 602-285-4450. E-mail us.
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If you are uncertain what your legal rights are or even what a wrongful death lawsuit is, you are not alone. Many people turn to us to help them understand just exactly what it means to file a wrongful death claim.
Our law firm offers free initial consultations to help you understand your legal rights and help you determine the action that is right for you to take.
Please call 602-285-4450 or e-mail our Phoenix, Arizona, law firm.
When Tragedy Strikes, Our Law Firm Is Here
The law office of Stark Williamson & Clausen LLP represents clients who have lost loved ones in wrongful death legal claims on a contingency basis. This means that we charge no attorney's fee unless we win compensation on your behalf. This is how most personal injury and wrongful death lawyers work. Please call to schedule your free initial consultation today: 602-285-4450 or e-mail.
The Wrongful Death of a Child or an Elderly Person
No matter what the age of the loved one you have lost, the grief is powerful. The law, however, often takes age into account when it assesses your loss. Because your loved one cannot be replaced, the law is at a disadvantage to truly compensate you. Money is one measure that the legal system can objectively use to reflect what has been lost. For more information on how the law applies to the wrongful death of your child or elderly relative, contact an attorney from Stark, Williamson & Clausen LLP in Phoenix, Arizona.
The Wrongful Death of a Child
When an adult dies, it is easier for a court to quantify the economic loss. The court can consider the wages the person earned and how he or she contributed to the finances of the family. A minor child (under the age of 18) is typically not contributing to the household income, but a child contributes in other ways. Parents therefore can recover, in most states, for the loss of the child's companionship and affection.
Parents who can recover for the death of a child generally include the child's mother, the child's acknowledged father or the child's adoptive parents. People who act as the child's parents, but are not legally the child's parents, usually cannot recover compensation.
When an adult child suffers a wrongful death, the court may approach the situation from a different angle. For the parents to recover, often the child must have been contributing money to the parents' household or providing valuable services to the parents. This view of the law, however, varies from state to state. Whether the child was married also may affect the parents' rights.
The law changes when an unborn child has suffered a wrongful death. In some jurisdictions, the success of a wrongful death claim depends on whether the fetus was viable (able to live outside the womb) at the time of death. Other states allow or disallow such a wrongful death claim whether the fetus was viable or not. An experienced attorney can offer you insight on your own state's laws.
The Wrongful Death of an Elderly Person
The wrongful death of an elderly person can leave the spouse or children with a loss of both companionship and monetary contributions. The surviving spouse may have been relying on the pension of the deceased; if the pension plan does not have a survivorship benefit, the spouse may have lost quite a bit of money due to the death of his or her loved one. Many courts will take this into account when calculating damages. Courts also may take into account the companionship, guidance and affection provided by the elderly person to the children or spouse.
On the other hand, the court will also factor in the age of the decedent; the damages will be calculated taking all of these elements into consideration. Some courts also look at whether the loved one experienced pain and suffering before passing away.
Contact an Attorney
Because the laws on wrongful death — especially the wrongful death of a young victim or older victim — are complex and change so dramatically from state to state, it is best to consult an attorney for guidance. Contact a lawyer from Stark, Williamson & Clausen LLP in Phoenix, Arizona, for more information.
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