Wrongful Death Lawyer in Phoenix

Wrongful death actions are complicated. They require proving both the underlying cause of action (such as the negligence in a car accident) as well as the wrongful death causation and damages.

Help After a Wrongful Death in Arizona

Understanding What to Do Next: Wrongful Death Lawyer in Phoenix, Arizona

The unexpected loss of a loved one is always difficult. This is particularly true when the loss of a loved one is due to the reckless, careless, and downright negligent conduct of another person, business, or government entity. When someone causes the death of an innocent person, Arizona law allows a family to “stand in the shoes” of the victim to recover “damages.” That person may include the decedent’s surviving spouse, surviving child, or surviving parent. Since there is no way to bring back a loved one, monetary compensation is oftentimes the only remedy. These damages include, but are not limited to, monetary compensation for medical expenses, funeral costs, burial expenses, loss of income, and emotional harm. If you lost a loved one as a result of someone else’s negligent conduct, our wrongful death lawyer and legal team in Phoenix, AZ can help.

Our law firm is dedicated to protecting the rights of victims and their families in nearly any type of personal injury case, particularly when that accident causes the wrongful death of an innocent loved one. Our compassionate and skilled team can work with medical professionals, first responders, and hiring qualified experts to help establish the elements necessary to prove your case. We will aggressively pursue a just and equitable resolution, but if the defendant or their insurance company refuses to play fair, we will protect your legal rights in court. Learn how we can help you during a FREE consultation by dialing (480) 210-1609.

What is a Wrongful Death?

While the loss of a loved one always feels like a wrongful death, Arizona law does not count all deaths as a wrongful death. Under Arizona Revised Statutes section 12-611, liability for the wrongful death of a victim only occurs “when death of a person is caused by wrongful act, neglect or default, AND the act, neglect or default is such as would, if death had not ensured, have entitled the party injured to maintain an action to recover damages in respect thereof” (emphasis added).

This means that, for a family to maintain a wrongful death lawsuit, the victim must have been able to commence a personal injury against the defendant had he or she not died. Arizona recognizes that the wrongful death must have come from some form of culpable conduct.

What are Examples of Culpable Conduct That May Lead to a Wrongful Death in Arizona?

Some examples of culpable conduct due to negligence or intentional acts or omissions which may result in liability against a defendant and allow a family to maintain a wrongful death action include the following:

  • Car accidents
  • Trucking wrecks
  • Slip, trip and falls
  • Medical malpractice
  • Motorcycle crashes
  • Bicycle collisions
  • Birth injuries
  • Pedestrian knockdowns (hit by a car)
  • Assaults, battery, sexual offenses, or other intentional, criminal actions resulting in death
  • Construction accidents
  • Boating accidents
  • Plane crashes
  • Bus, train, or other common carrier accidents
  • Ridesharing, Uber, Lyft, or taxi crashes, and
  • Any other type of accident due to the negligence or intentional actions of another.

If a loved one was wrongfully killed in any of these types of accidents in Arizona, ask our wrongful death legal team in Phoenix, AZ for help. You may be entitled to compensation under Arizona law.

Who Can File a Wrongful Death Action?

Not just anyone can file a wrongful death action for a victim. Only an individual with “standing” may file such a lawsuit. Standing means the ability to commence and maintain a cause of action, or claim.

Under Arizona Revised Statutes section 12-612, the following individuals are allowed to file a wrongful death action in Arizona courts:

  • Surviving spouse
  • Surviving child
  • Surviving parent
  • Surviving guardian
  • A personal representative or executor, and
  • Another individual that a judge may find appropriate based on the facts and circumstances of a case, upon petition by such individual.

What Compensation is a Family Entitled to in a Wrongful Death Action in Arizona?

A party to a lawsuit is entitled to “damages.”  This is the type of relief that a party may obtain. In personal injury actions, damages are typically monetary. This is particularly true in wrongful death actions, where it is clear that a loved one cannot be brought back. 

Arizona law under section 12-613 for damages to be “fair and just with reference to the injury resulting from death to the surviving parties who may be entitled to recover[.]” This has generally meant that families may recover the following:

  • Emergency medical bills of a lost loved one
  • All medical bills related to the injury ultimately resulting in death
  • Funeral costs and burial expenses
  • Lost income support from a loved one
  • Loss of consortium, meaning loss of the victim’s society, affection, companionship, guidance, instruction, protection, and other familial relations
  • Loss of household services
  • Conscious pain and suffering of a loved one before passing
  • Emotional pain and suffering of a surviving spouse, child, or parent, in certain instances
  • Property damage
  • Punitive damages in certain instances of extreme and outrageous conduct, and
  • Other damages related to the loss of a loved one in Arizona.

Did You Lose a Loved One in an Arizona Accident?

Wrongful death actions are complicated. They require proving both the underlying cause of action (such as the negligence in a car accident) as well as the wrongful death causation and damages.  Most wrongful death actions also require a strong understanding of medicine and anatomy, and usually require expert proof of lost income. 

This is why you cannot just hire any lawyer. You need to hire a wrongful death lawyer in Phoenix, Arizona. Our compassionate and skilled team has handled some of the most complicated cases, including catastrophic personal injury or wrongful death matters. We are dedicated to protecting the rights of victims and their families after a negligent party causes irreparable harm. Our bodily injury law firm offers FREE consultations, and we only get paid after you get paid in a settlement, verdict, or other award.

Learn how we can help you by calling (480) 210-1609 or by sending us a message through our “contact us” box available here.

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