Sargon Law Group is an Arizona personal injury law firm with a team of wrongful death attorneys in Surprise, Arizona with expertise in representing families who have suffered the significant loss of a loved one. Our Phoenix personal injury attorneys have extensive experience handling wrongful death claims and understand the emotional toll that a devastating tragedy takes and the unimaginable pain that you’re going through. We also know that it is more difficult to cope with a death when someone else is to blame. We hope to help you get through this difficult time through high-quality legal representation. Call (623) 225-5635 for a free consultation.
Why Hire a Wrongful Death Attorney in Surprise, Arizona?
Holding someone accountable for the wrongful death of your loved one can bring your family justice, closure, and greater financial security when you need it the most. Unfortunately, insurance companies are not on your side during the wrongful death claims process. You may face bad-faith insurance tactics, such as an inadequate settlement offer or a wrongfully rejected claim.
A skilled personal injury attorney in Surprise, AZ can help you go up against an insurance claims adjuster in pursuit of fair financial compensation for wrongful death. A wrongful death lawyer in Surprise can also hire qualified experts to testify on your behalf, collect evidence of fault for your loved one’s death and explain your rights along the way. Hiring a Surprise, Arizona wrongful death attorney means having a trusted advocate represent your family’s rights and interests while you grieve and heal.
Surprise, Arizona Wrongful Death Claim FAQs
One of the many ways in which we aim to be there for mourning families in Surprise, AZ is by answering the many questions that arise after the unexpected death of a loved one. If you suspect that your family has the right to file a wrongful death lawsuit in Arizona, go over these FAQs for answers to common questions that we receive at our law firm.
What is the definition of wrongful death?
In Arizona, wrongful death is when one person dies due to the default (omission), neglect or wrongful act of another person or entity. This includes preventable accidents, such as car crashes, as well as medical malpractice and intentional torts.
Do I have a wrongful death case?
You may have grounds for a wrongful death case if one or more parties owed your loved one a responsibility to exercise care, violated this responsibility and caused your loved one’s fatal injury. Unlike in a criminal case, you do not need proof of intent to harm or kill to file a wrongful death lawsuit.
Who can file a wrongful death lawsuit in Surprise, AZ?
Arizona law is specific about who is able to file a wrongful death lawsuit in this state. In some states, only the personal representative of the deceased is allowed to file a claim. However, in Arizona, the following are permitted to file the claim in civil court:
- The spouse of the deceased
- Any surviving children of the deceased
- A surviving parent or guardian of the deceased
- The personal representative (often called the executor) on behalf of the surviving spouse, child, parent, or of behalf of the estate if there are no surviving family members
If the deceased individual is a child, then the parents or legal guardians of that child are allowed to file the wrongful death claim.
What is the statute of limitations on a wrongful death claim in Surprise, Arizona?
A statute of limitations is a legal deadline to file a civil claim. In Arizona, the statute of limitations on a wrongful death case is two years from the date of the victim’s death, with some exceptions. It is important not to miss this deadline, or you could lose the right to recover compensation.
What types of compensation are available for a wrongful death claim?
There may be various types of compensation available to family members and the estate of the deceased if the wrongful death claim is successful. The goal is to recover both economic and non-economic damages associated with the loss.
Economic damages related to a wrongful death claim revolve around calculable expenses arising as a result of the untimely loss of life. This can include recovering compensation for the following:
- Medical bills associated with the incident
- Funeral and burial expenses
- Lost wages and benefits the deceased would have provided had they lived
- The repair or replacement of any property damaged in the incident
Non-economic damages associated with a wrongful death claim in Arizona revolve around less calculable expenses. These intangible losses suffered by the family of the deceased must be incorporated in the overall settlement or jury verdict:
- The loss of the deceased individual’s love, comfort, companionship, affection, and guidance
- The loss of household services the deceased would have provided throughout their lifetime
- The emotional pain and suffering of the survivors
What Are the Four Elements of a Successful Wrongful Death Claim?
Securing compensation through a successful wrongful death claim in Arizona revolves around establishing the four elements of negligence. Briefly, these can be defined as:
- Duty. It must first be established that the deceased was owed a duty of care by the defendant (the alleged negligent party). This duty of care will look different depending on the type of incident that led to the death. For example, every driver on the roadway owes others around them a duty of care. Property owners owe a duty of care to any person who has a right to be on their premises. Doctors have a duty to uphold a certain standard of medical care with every patient.
- Breach. After establishing that there was a duty of care owed to the deceased by the defendant, it must be shown that they breached or violated that duty of care in some way. A breach of duty will look different depending on the type of incident that led to the death. For example, a driver could breach their duty of care by operating a vehicle while impaired. Property owners can breach their duty of care by failing to fix known hazards. Medical professionals can breach their duty of care in a variety of ways, including failing to obtain informed consent.
- Causation. After establishing that there was a breach of duty by the defendant, an attorney must show that the breach is what directly or indirectly led to the death of the deceased.
- Damages. Finally, there must be some sort of monetary loss associated with the loss of life, which can include medical expenses, funeral and burial expenses, and pain and suffering damages.
Get Help From Sargon Law Group Wrongful Death Attorneys in Surprise, AZ
A wrongful death case comes with a complicated claims process. Your family may encounter many obstacles and challenges in the pursuit of justice and fair financial compensation. The Phoenix wrongful death lawyers at Sargon Law Group will be here for you and your family every step of the way. We are passionate about being a voice for those who can no longer speak for themselves in the civil justice system. Find out all of the ways in which we can help you. Contact us online or call (623) 225-5635 to speak with an attorney today.