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Mesa Wrongful Death Information

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Was Your Loved One a Victim of Wrongful Death?

When a person or legal entity causes of the death of another person, due to their negligence or wrongdoing, the act is called "wrongful death" under the law. The family of the deceased may have a legal ability, called standing, to bring a wrongful death lawsuit and potentially receive monetary compensation for being deprived of the deceased's company, companionship, and earning capacity.

Wrongful Death Cases

Many steps are involved to prepare the lawsuit and develop a strategy for trial, so the expertise of A Mesa attorney who handles wrongful death cases is essential. Obtaining proof requires investigation of the incident that caused the death to develop witnesses and evidence to prove the defendant was in whole or in part responsible for the death.

Who is entitled to wrongful death compensation?

In every state, a victim's spouse can file a wrongful death lawsuit, as are parents of any child victims. However, other laws vary, such as whether an adult child can file a lawsuit on behalf of a parent or whether other relatives like siblings count as next of kin.

How are wrongful death settlements paid out?

The methods that settlements are paid out can be negotiated with the defense. These can include lump-sum payments or installment payments. The money can also be placed in trust if the beneficiaries are children.

How long does it take to settle wrongful death claims?

This depends on the nature of each case. While some cases may have overwhelming evidence and a defense that is eager to settle, other cases require extensive negotiations and investigation of the evidence. A case with a lot of compensation on the line can take years to settle or reach a verdict. An attorney can help set proper expectations for the process.

How long do you have to sue for wrongful death?

Each state has a statute of limitations, with the majority being two or three years to file a wrongful death lawsuit. However, when the clock starts ticking is also different in many state laws. You should talk with an attorney as quickly as possible, so you do not lose your right to pursue the compensation you deserve.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you've suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

Tips on Approaching an Initial Attorney Consultation

  • Use the consultation as a means of gaining a better understanding of your legal situation.
  • Ask the attorney how many cases similar to yours he/she has handled. An attorney's experience and knowledge can speak to their expertise (or lack of) in addressing your situation.
  • Your attorney should be able to articulate roughly how long a case like yours will take to resolve and what sort of procedures to expect.
  • Determine how comfortable you are working with the lawyer and/or law firm.

Types of legal fees:

Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney's hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.

Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.

Flat fee: For "routine" legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.

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