Ray Arenofsky - Attorney At Law

What Are The Challenges That Your Clients Face In Wrongful Death Cases?


The challenges that my clients face in wrongful death cases have to do with their emotions associated with the loss. Every family is different, but the psychiatric, emotional and physical aspects of losing a loved one are challenging to deal with. Sometimes it is necessary for someone to take care of the needs of the older parent who lost their spouse. When someone dies, the whole order of living is changed.

Another difficulty is insurance. If the person who caused the accident has no insurance or minimal insurance, you have to hunt high and low for sources of compensation. Most people live from paycheck to paycheck, and even if we garnish the person’s wages, we won’t get that much money. If the person at fault was driving a commercial truck, they are more likely to have an adequate policy to take care of the horrible loss. The search to fund the loss is the key to the matter. The more defendants and insurance policies you can find, the better the result.

Medical liens may be another difficulty. There can be huge medical bills in death cases, especially if someone was in a coma for two months and everyone at the hospital wants to get paid. There is only a certain amount of money, and all of the statutory beneficiaries are trying to get it. The hospital and the doctors have a lien or claim for services rendered.

There is a statute in Arizona that deals with the equitable or fair division of the monies. In other words, someone can’t just claim all of the monies because everyone has suffered. The division of a certain sum of money has to be done so that everyone gets what they should get in a fair division of the monies. Often the monies are limited, and a lot of compromises have to be made for a successful settlement for all involved.

A lot of times there is no case or the recovery is limited by insurance. A heavy case is like a three-legged stool. What is a big case? A big monetary recovery is if a neurosurgeon in the prime of his or her life was killed by an 18-wheeler truck. A case like that would have three legs: fault, adequate insurance and severe damages. The third leg would be especially true because of the loss of future income. So, severe damages, very good insurance and 100 percent fault in favor of the deceased person are the elements of a significant case.

For more information on Challenges In Wrongful Death Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 345-0444 today.

Ray Arenofsky - Attorney At Law

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