Wrongful death actions help families of victims due to negligent or otherwise illegal acts receive compensation.

Losing a loved one can be very difficult and heartbreaking, especially when it was due to someone else’s negligence or otherwise unlawful actions. Though nothing can replace a loved one, a wrongful death action provides legal recourse for victims’ families to recover damages in the event of a death caused by negligence. A wrongful death lawsuit asserts that the defendant was liable for the victim’s death, and as a result, the victim’s surviving spouse, children, beneficiaries and dependents are entitled to monetary compensation. There are many circumstances that may warrant a wrongful death suit, including:

• Auto accidents/motor vehicle accidents/boating accidents
• Workplace deaths
• Medical malpractice
• Construction site accidents and other accidents caused by dangerous circumstances
• Accidents caused by dangerous and defective products
• Accidents caused by government or public entities and/or employees

In Arizona, as in most U.S. states, there are strict statutes governing who can bring a wrongful death suit. Generally, surviving spouses and other family members bring wrongful death suits. However, a personal representative (the person appointed by the State of Arizona to represent the beneficiaries) may bring the action for the deceased on behalf of the survivors, or in cases where there are no surviving claimants, on behalf of the deceased’s estate. In a wrongful death case in which the decedent is a child, a parent or legal guardian may bring the action. The decedent’s debtors cannot bring a wrongful death claim to receive compensation from the decedent’s estate. Also, one family member cannot bring a wrongful death suit against another family member.

A defendant in a wrongful death action is liable to the same extent he would have been if the victim had simply been injured rather than died. Accordingly, liability is established in essentially the same way as in a personal injury case. A wrongful death claim can be brought even if the defendant is also facing criminal charges for the wrongful act. In Arizona, criminal charges do not protect defendants from any civil wrongful death actions.

In a wrongful death case, juries decide upon fair compensation for the victim’s survivors, considering any extenuating circumstances surrounding the wrongful act or neglect. This can include:

• Medical and funeral expenses
• The loss of financial support by the victim, including the victim’s potential earnings
• The loss of the victim’s benefits, including 401(k), medical insurance and pension
• Survivors’ pain, suffering and mental anguish

Damages may also include interest from the date of the victim’s death.

In Arizona, when compensation from wrongful death actions is rewarded directly to the victim’s survivors, it is not subject to the deceased’s liabilities or debt. However, when a personal representative brings about the case, damages go toward the victim’s estate and are subject to any debts and liabilities. The net amount of the estate is then distributed among the victim’s beneficiaries.

In the unfortunate event that you need to bring a wrongful death action, you will need an attorney who is experienced in Arizona wrongful death law. The Arizona wrongful death attorneys can advise you on the best course of action to help recover damages from the accountable party. To find out more, please contact us for a free initial legal consultation.

Accidents involving the Phoenix Light Rail can result in serious injuries, including broken limbs, disfigurement and paralysis.

Since it started operating in December 2009, the Phoenix Light Rail has been a boon to our city, providing additional transportation options between Mesa, ASU and downtown Phoenix. However, as much as the light rail has benefited the city, it also presents additional hazards to drivers, train passengers and pedestrians. According the Arizona Republic, the Phoenix Light Rail was involved in an accident every six days on average during its first three months of operation. Although the frequency of light rail accidents has significantly decreased as safety improvements have been made and Phoenix drivers have gotten used to it, light rail accidents in Phoenix are still a serious and frightening possibility.

Accidents involving the Phoenix Light Rail can include, but are not limited to:

• Auto accidents, including vehicles that were struck by the light rail at an intersection
• Pedestrians who were struck by an oncoming light rail
• Light rail commuters who were injured on the light rail because it was maintained properly

Light rail/train accidents can result in life-threatening injuries such as broken limbs, disfigurement and paralysis and even death. Moreover, these serious injuries can lead to thousands of dollars in medical bills and lost wages.

If you’ve been in accident involving the Phoenix Light Rail in which you were not at fault, be advised that you have a limited amount of time to make a claim to recover for any damages resulting from the accident. According to Arizona law, you only have 180 days from the date of the accident to provide official notice to the Phoenix city government. If you fail to file your claim on time or file your claim improperly, you could forfeit your right to recoup expenses stemming from the accident.

If you’re a victim of a Phoenix Light Rail accident, don’t delay in contacting a Phoenix auto accident lawyer such as one of the lawyers at Skousen, Gulbrandsen & Patience, PLC. A personal injury lawyer can advise you on the best next steps and make sure your claim is filed and investigated properly to ensure that you get your due compensation under the law. For a free legal consultation, please contact us today.

Dog attacks and animal attacks in general can cause serious physical and emotional injuries.

A dog attack can be a truly frightening experience, one that can leave its victims injured, scarred and disfigured. Moreover, dog bite victims can be haunted by memories of the vicious attack. If you’ve been the victim of a dog attack, you’ll need an experienced dog bite lawyer to help you receive compensation for your physical and emotional injuries.

Following an attack, it’s crucial for the victim to find out whether or not the dog has an owner. In most cases, the owner of the dog is liable for any injuries their dog inflicts upon their victims. However, dog walkers and landlords can be held responsible under certain circumstances. Get the name and address of the owner of the dog or whomever might be responsible. In addition, victims might need to gather the following information:

• Dog license information
• Contact information of any potential witnesses to the attack
• The insurance information of the dog owner or person/entity responsible for the dog
• Photographs of injuries, including any wounds, bruises and bloody clothing
• Medical bills from the injuries
• A report of the costs of any future medical costs, including cosmetic surgery

Getting compensation for dog attack injuries can range from simple to difficult, depending on the severity of the injuries and other case circumstances. Typically, the defendant’s homeowner’s insurance or renter’s insurance policy will cover any expenses from the attack. However, if the defendant does not have insurance, costs will have to come out of their assets. Insured or not, an attorney with experience dealing with dog bites can help victims find ways to get paid for their damages from the attack. Keep in mind that, on average, insurance companies offer victims without legal representation only 10 to 20 percent of what victims with legal representation.

In addition to helping dog bite victims get the compensation they need, a lawyer can also provide assistance in other matters from the attack. For instance, a lawyer can also assist victims in writing a letter to their local government asking for tougher leash laws and other protection designed to reduce dog attacks.

The dog bite lawyers at Skousen, Gulbrandsen & Patience, PLC are well versed at handling cases involving attacks from dogs as well as other animals. In the event of a dog attack, we can advise you on the next steps to take to make sure you recoup expenses resulting from the attack. Contact us today for your free initial legal consultation.

Arizona's Family Purpose Doctrine often applies to accidents with teen drivers, an age group most likely to get into car accidents.

Handing the keys of the family care over to teenage children can be a nerve-racking moment for any parent. Being behind the wheel can open up all sorts of avenues for trouble for teens. Inexperienced but bold, many teen drivers haven’t quite mastered the skills needed for safe driving and aren’t as well versed in gauging risk as older drivers. In fact, drivers between the ages of 16 and 19 are significantly more prone to traffic citations and auto accidents than any other age group. What can be even more upsetting is that, in Arizona, parents are generally liable for any damages caused by their teen driver.

Under Arizona’s Family Purpose Doctrine, parents are responsible for any vehicle registered to them that they have expressly or implicitly permitted other family members to use. This means that, in the event of an auto accident that takes place while one of the family members was driving, the principal owner of the car is accountable for any expenses resulting from the accident, including car damages, property damages and medical expenses.

Many U.S. states have family purpose doctrine laws on the books, but they tend to vary from state to state. For instance, Georgia’s family purpose doctrine law explicitly extends to motorboats. The doctrine does not cover teens involved into accidents in cars they purchased with their own money. The doctrine also does not apply to any auto accidents that involved a vehicle that was used without any consent, such as stolen vehicle. The vehicle must belong to the parents, who must have permitted in some shape or form for the family member to drive.

Cases that cite the family purpose doctrine can involve all sorts of complicated issues with insurance companies. If you’ve been involved in an accident with a vehicle covered by the family purpose doctrine, you’ll need an Arizona auto accident lawyer who knows how to help you recoup expenses resulting from the accident to the full extent of the law. Contact us at Skousen, Gulbrandsen & Patience, PLC for a free legal consultation.