Have you lost a family member because of another person’s actions? If a third party legally caused your loved one’s death, you may be able to file a wrongful death claim in Arizona. This type of lawsuit can potentially provide damages to cover the deceased person’s medical bills and final expenses as well as lost wages and pain and suffering experienced by your family during this emotional, challenging tragedy.
Families in this situation may not have filing lawsuits in mind as they mourn this tragic loss, but obtaining advice from an experienced law firm can help the process of pursuing deserved compensation go smoothly. Explore this guide to learn more about why you should get a free case evaluation after a tragic loss from medical malpractice, car accidents, or any other incident involving someone else’s negligence.
Phoenix, Arizona Wrongful Death Resources
- Who Can File a Wrongful Death Lawsuit in Arizona?
- Common Types of Wrongful Death Lawsuits
- Benefits of Hiring a Phoenix Wrongful Death Attorney
- Damages Available for a Wrongful Death Claim
- How a Wrongful Death Claim Works
Get Help From Phoenix Wrongful Death Attorneys at Sargon Law Group
The Phoenix injury lawyers at Sargon Law Group understand the difficulty your family will face in the initial days and in the months and years after losing a loved one, especially in a tragic, unexpected accident. When you rely on our team of attorneys, you will have the support and advocacy you need during this difficult time in your life. While we know that no dollar amount can replace your loved one, we also know that families can become overwhelmed with bills in this situation, especially after losing a breadwinner. Consulting with our law firm can help you serve the best interests of you and your children while your wrongful death case remains within the Arizona statute of limitations.
If you have considered a wrongful death action after a fatal accident involving your loved one, explore our guide to wrongful death suits in Arizona. Sargon Law Group can help you move forward and seek financial compensation if you decide to hold the responsible person accountable for your unimaginable loss.
Partner Michael Morgan has helped achieve some of Arizona’s largest personal injury and wrongful death claims, earning membership in the Million Dollar Advocates Forum. While our law firm adeptly handles all types of personal injury and wrongful death cases, Michael specializes in truck accidents, burn injuries, motorcycle crashes, and auto accidents.
Partner Sargon Khananisho is a seasoned trial lawyer who is prepared to fight for your rights in court. As a personal injury attorney, Sargon focuses on motorcycle accidents, motor vehicle accidents, collisions involving commercial trucks, premises liability claims, elder abuse, and nursing home misconduct, and product liability. He also has experience with bad faith insurance, in which an insurance company refuses to settle a valid wrongful death or personal injury claim.
Who Can File a Wrongful Death Lawsuit in Phoenix, AZ?
Arizona specifies that only the deceased person’s surviving spouse, children, parent or guardian, or a personal representative acting on behalf of one of those individuals, can file a legal action for wrongful death. If the deceased person has a will naming a personal representative, that person can also file this type of legal claim. Often, when a person has several close surviving family members, an attorney can file a wrongful death lawsuit on behalf of the group rather than an individual if desired. We can also provide legal advice to help you determine the fair division of this type of settlement or legal award according to the Arizona line of succession.
What Are the Common Types of Wrongful Death Lawsuits?
Some of the types of accidents that most frequently lead to wrongful death lawsuits include:
- Motor vehicle collisions, including truck accidents, pedestrian accidents, and cyclists
- Severe burn injuries
- Construction site accidents and other work-related incidents
- Deaths resulting from medical malpractice by a health care provider
- Criminal or other intentional actions, such as robbery resulting in death
- Accidents that occur at public events such as fairs or festivals
- Defective products, including dangerous prescription drugs
According to statistics from the Centers for Disease Control and Prevention, unintentional injury is the third most common cause of death in the United States. The CDC reports that the most frequent fatal accidents include:
- Accidental poisoning
- Falls
- Car accidents
A wrongful death case does not necessarily have to involve an accident. You may also have a Phoenix wrongful death claim if your loved one was a victim of manslaughter, murder or another intentional action. However, if your family member died in the course of employment (in a workplace accident, for example), the Phoenix wrongful death claim must go through the Arizona worker’s compensation system. Our Arizona worker’s compensation lawyers have the skill and experience to handle these types of wrongful death claims.
Depending on the circumstances in which your loved one died and the exact type of wrongful act, surviving family members may be able to pursue legal claims against various individuals, such as government agencies, employees, companies, and individuals. For example, if your family members suffered a fatal auto accident while riding a bike; you can potentially sue the driver who ran a red light and the municipality that failed to provide a safe area for cyclists.
What Are the Benefits of Hiring a Wrongful Death Attorney in Phoenix?
If you decide to pursue a wrongful death action, you must show the court that the defendant acted negligently and that these actions directly caused the fatality. During a free consultation with the wrongful death attorneys at Sargon Law Group, we review your case to determine whether negligence may have led to the fatal accident. Suppose you decide to hire us to pursue legal compensation by filing a wrongful death lawsuit. In that case, we will gather and analyze evidence about the case to advocate for a fair settlement.
When you work with a wrongful death lawyer, they have a thorough understanding of how liability works when you file a wrongful death lawsuit. You must present evidence that shows the defendant neglected his or her duty of care, either by acting or failing to act. You must also show that this negligence directly caused the victim’s death. We have the legal experience to establish both negligence and causation. During your free consultation, our attorneys will also assess the potential damages available in your case.
After a loved one dies in a tragic incident, surviving family members often feel poorly equipped to deal with insurance companies, government agencies, businesses and others who must gather information about the incident while you grieve a shocking, life-changing loss. When you hire a wrongful attorney from Sargon Law Group in Phoenix AZ, we can work with these entities on your behalf so you have the time you need to spend with your family and care for yourself. As you work toward emotional recovery, our Phoenix wrongful death attorneys will work tirelessly to fight for your right to the wrongful death settlement your family deserves.
What Types of Damages Are Available For a Wrongful Death Case in Arizona?
In a wrongful death lawsuit, Arizona allows a surviving spouse, surviving child, and other members of the victim’s family to pursue legal compensation for:
- Loss of wages the deceased person would have earned in the future
- Final medical bills incurred as a result of the fatal accident
- Funeral and burial costs
- Physical and mental pain and suffering
- Punitive damages in cases when responsible parties caused the person’s death with an intentionally malicious act
- Loss of companionship, care, and love from the deceased person
- Property damage resulting from the fatal incident, such as the cost of repairing or replacing the deceased person’s vehicle after a car accident
- Loss of the value of the household services the deceased person would have provided, such as child care, cooking, and cleaning
When you meet with a Phoenix wrongful death attorney, we can help you determine the potential value of your legal claim based on these factors. We have the experience to help quantify and support non-monetary damages such as mental suffering when filing a wrongful death lawsuit.
In some accidental death cases (DUI accidents, for example), the state may pursue a criminal case. The family can still file a civil claim under Arizona law. Our wrongful death attorneys in Phoenix can advise you about the timing of a wrongful death suit with a criminal case pending.
How Does a Wrongful Death Claim Work in Phoenix, Arizona?
If you decide to move forward with a legal claim for wrongful death, your attorney will submit your petition to the county court where the person lived when he or she died. The court will set a hearing date and notify the defendants of the civil action against them.
At this point, the defendants in your case may offer a settlement for the wrongful death claim to attempt to avoid the expense, time and publicity of a trial. As your Phoenix wrongful death lawyer, we can advise you about whether accepting the wrongful death settlement or going to trial with your wrongful death case serves your best interests.
How A Phoenix Wrongful Death Lawyer Can Help
When your family has experienced the loss of one of your family members, nothing can replace that person’s presence in your life. However, the advocacy of an experienced attorney can ease some of the stress associated with financial issues that arise after a tragedy. When a person dies because of fault or negligence, our team of Phoenix personal injury attorneys can advise you about whether to accept a reasonable settlement from the negligent party or move forward with attempting to recover compensation through the legal system.
Arizona families have just two years to file a wrongful death lawsuit from the date the fatality occurred. Often, people who suffer such a loss need financial support right away to cover burial expenses, mortgage payments, and other household bills, so it is important to act quickly to pursue compensation.
Our Phoenix wrongful death lawyers can review your case to determine whether the circumstances meet the burden of proof for this type of legal claim. We will also discuss your expenses related to the fatality, such as funeral expenses and loss of the victim’s income, to provide an estimated settlement amount.
Statute of Limitations for Wrongful Death in Arizona
Arizona law sets a strict time limit for filing a wrongful death lawsuit. Families typically have two years from the date of the deceased person’s death to initiate a claim. This timeframe, known as the statute of limitations, is critical. Failing to file within this period can result in the court dismissing the case, leaving your family without legal recourse.
However, certain exceptions may alter this timeline. For example, if the death resulted from medical malpractice, the statute of limitations may begin once the cause of death is discovered rather than on the date of passing. Similarly, cases involving a minor plaintiff or a defendant concealing their liability may toll or extend the deadline.
Acting quickly is essential to preserving evidence, locating witnesses, and building a strong case. A Phoenix wrongful death attorney can help ensure your claim is filed on time and handled properly, giving your family the best chance at securing compensation.
Dealing with Insurance in Wrongful Death Claims
Insurance companies play a significant role in wrongful death claims, but their priorities often conflict with your family’s needs. Adjusters and representatives may attempt to minimize payouts by disputing liability, downplaying damages, or pressuring families to accept a low settlement offer.
When dealing with insurance after a wrongful death, it is vital to approach every interaction carefully. Document all communications, avoid providing recorded statements without legal counsel, and never agree to a settlement offer without first consulting an attorney. Insurance companies have teams of lawyers working to protect their interests, and you deserve the same level of representation.
A skilled wrongful death attorney can handle all communications with the insurer on your behalf. They will advocate for fair compensation, whether through negotiations or litigation, to ensure your family receives the financial support necessary for expenses like medical bills, funeral costs, and future income loss.
How to Prove Liability in a Wrongful Death Case
Proving liability is the cornerstone of any successful wrongful death claim. In Arizona, this requires establishing that the defendant’s negligence, recklessness, or intentional actions directly caused your loved one’s death. This process often involves gathering compelling evidence, including:
- Medical records. To demonstrate how the defendant’s actions contributed to the fatal injuries.
- Accident reports. Police or incident reports provide an objective account of what happened.
- Witness statements. Testimonies from bystanders or experts can strengthen your claim.
- Surveillance footage or photographs. Visual evidence can clarify the circumstances leading to the death.
Your attorney will use this evidence to prove the four key elements of liability: duty of care, breach of duty, causation, and damages. For example, in a fatal car accident, you must show the at-fault driver owed a duty to follow traffic laws, breached that duty by driving recklessly, caused the crash, and ultimately your loved one’s death.
Complex cases, such as those involving medical malpractice or defective products, may require additional expertise. Attorneys often work with specialists like accident reconstructionists, engineers, or medical experts to build a persuasive argument for liability.
Contact a Phoenix Wrongful Death Attorney at Sargon Law Group
Dial (623) 225-5635 or contact us online for a free case evaluation and learn more about how our team of wrongful death lawyers in Glendale at Sargon Law Group assist clients after fatal accidents in the Maricopa County area.