Losing a loved one because of another person’s negligence can leave a family facing profound emotional and financial consequences. Arizona law allows certain surviving family members or a personal representative to pursue a wrongful death claim. Because wrongful death is part of personal injury law, our Tucson personal injury lawyers can investigate what happened, identify every responsible party, and explain your family’s legal options.
The Mercaldo Law Firm has represented families throughout Arizona for more than 40 years. Call (520) 624-1400 or contact us online to schedule a free consultation with a Tucson wrongful death attorney.
Why Choose The Mercaldo Law Firm As Your Wrongful Death Attorneys In Tucson?
If your family is mourning a wrongful death tragedy, the law firm that protects your rights and respects your emotions is The Mercaldo Law Firm in Arizona and San Diego, founded by experienced personal injury attorney Ron Mercaldo.
For more than 40 years, the attorneys with the Mercaldo Law Firm have dedicated their efforts to achieving justice for families whose loved ones’ lives were lost because of negligence, carelessness, recklessness and malice. We have handled more than 100 wrongful death cases and our clients have won millions of dollars in damages from positive jury trial outcomes. We can help you too.
As your lawyer, the Mercaldo Law Firm protects your family’s right to pursue maximum financial compensation when a loved one’s life is tragically lost due to:
- Medical malpractice
- Personal injury
- Motor vehicle accident
- Large commercial vehicle accident
- Bicycle accident
- DUI accident
- Distracted driving accident
- Traumatic brain injury (TBI)
At The Mercaldo Law Firm, we use a contingency-based payment system that allows us to work for you at no cost until we’ve recovered compensation for your family in your wrongful death claim.
What Should I Do After a Wrongful Death in Tucson?
It’s difficult to take clear, purposeful action during the grief and trauma immediately following a loved one’s death, especially when it was a sudden death caused by someone else’s fault. Still, it’s helpful to your family’s future financial recovery to protect your right to an Arizona wrongful death claim by preserving crucial evidence. Actions that can help a wrongful death case include the following:
- If possible, photograph the scene of the wrongful death as soon after the accident or incident as you can, capturing anything relevant to the cause of death
- Request a complete autopsy and a copy of the medical examiner’s report
- Request a copy of any documentary evidence, such as a police report, an accident report from a workplace or commercial business, or medical records after a medical malpractice death
- Keep copies of bills, invoices, and receipts for all expenses, such as the funeral and burial
- Obtain proof of your loved one’s standard income and benefits to show the full financial losses your family sustained from the death of an income provider
- Contact The Mercaldo Law Firm for representation before interacting with the at-fault party or their insurance company
What Damages Are Available In a Tucson Wrongful Death Case?
Available damages in wrongful death claims are divided into two categories: economic damages and non-economic damages. Common recoverable economic damages include the following:
- Reimbursement for any medical expenses incurred before the death if the decedent received emergency care or hospitalization
- Funeral and burial expenses
- Lost earnings from the claimant’s time away from work during the aftermath of the death
- The lost wages of the decedent for the number of earning years the decedent would have had remaining to them
- Lost benefits, such as health insurance and retirement contributions
- Loss of household services, such as caring for the home and children, or maintaining the yard, home, and vehicle
Arizona wrongful death law also permits survivors to recover non-economic damages for grief, sorrow, and suffering due to the loss of a loved one. This compensation can reflect both past and future emotional suffering. Survivors can also recover damages for the loss of the love, care, affection, companionship, and other pleasures of the family relationship that are lost because of the death of a loved one.
Under A.R.S. § 12-612, a wrongful death action may generally be brought by a surviving spouse, child, parent or guardian, or the deceased person’s personal representative. A.R.S. § 12-613 allows the jury to award damages it considers fair and just based on the harm caused to eligible surviving family members.
How Long Do I Have to File a Tucson Wrongful Death Claim?
Wrongful death is a category of personal injury law and follows the statute of limitations for personal injury and wrongful death in Arizona. Claimants in wrongful death cases have up to two years from the date of the death to file a claim. The state may extend this deadline only under limited circumstances.
The statute of limitations for wrongful death claims against government entities is only one year from the date of the death. In addition, the claimant must file a notice of claim form within 180 days of the death in government claims in Arizona.
Contact Our Tucson Wrongful Death Lawyers
Your initial consultation is free of charge! We will promptly return messages left after hours on the following business day. Evening appointments are available upon request. Call The Mercaldo Law Firm at (520) 624-1400 or contact us online to schedule a free consultation with our Tucson wrongful death lawyers.