accident & personal injury

 

Matthew Foley

Matthew Foley

Esq. & MBA

 

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We are affordable, exceptionally knowledgeable, and nice! You’ll love our office.

Call Matt: (520) 795-5600

 

 

 

Wrongful Death Cases in Tucson and Southern Arizona

Wrongful Death cases need absolute compassion with representation.  There is nothing more tragic than losing a loved one.  To know it was preventable, but for the negligence of another, is difficult to grasp.  If you are reading this page because you are in this situation, our office offers its condolences.  If you would like to contact our office, we can arrange a time to discuss your case.

There is not a monetary amount that will make up for a loss.  However, a wrongful death suit can help with the financial burdens and put money aside in trust for minors. The law provides compensation for medical bills, burial costs, lost income, loss of companionship, and emotional pain.    The amount of damages available in a wrongful death suit are determined on a case-by-case basis, and vary by the amount available for recovery.  Typical to a personal injury case, wrongful death settlements are paid out through the at-fault party’s insurance coverage.

It is very uncomfortable to place a monetary value on someone’s life.  The court will use various factors for consideration, including the deceased individual’s age, health condition prior to the accident, income and future earning potential.  A court will also consider the number and age of any surviving dependents and their financial dependence upon the deceased individual.  The compensation received through a wrongful death settlement or trial verdict is non-taxable.

Each state provides laws to determine who the appropriate party is to file a wrongful death suit.  In Arizona, a “wrongful death” is defined as being caused by the wrongful act or negligence of another (See Arizona Revised Statutes § 12-611).  In essence, the suit exists if the deceased person could have had a personal injury case, had the act or negligence not taken their life.  The cause of action is brought by the surviving spouse, child, parent, or a personal representative of the deceased individual’s estate.  In an Arizona wrongful death claim, the case must be filed within two years of the person’s death. 

Hiring a Wrongful Death Attorney in Tucson.

These types of cases are often handled by referred attorneys that are tremendously talented with filing a complex civil case, and extremely experienced in litigation.  These cases may not settle and the filing party must be prepare to prevail with a trial verdict.  There are a handful of highly respected Tucson attorneys that can handle these cases in Tucson, and we’re pleased to be among those few. Contact our office today for a consultation.