Wrongful Death Accidents Lawyer in Phoenix, Arizona

Losing a loved one is an incredibly painful experience, and when that loss results from someone else’s negligence or wrongful act, the grief can be compounded by legal complexities. Wrongful death accidents in Phoenix, Arizona, often leave surviving family members grappling with emotional pain and financial hardship. In these difficult times, having an experienced wrongful death accident lawyer in Phoenix, Arizona, to guide you through the legal process is essential for ensuring that justice is served and fair compensation is obtained.

The emotional toll of losing a loved one can be overwhelming, but when a victim’s death is the result of another person’s negligence, the emotional and financial impact is even more profound. Wrongful death victims’ families are entitled to pursue compensation for their loss, including funeral and burial expenses, medical expenses, and the financial support the deceased person would have provided. At Keller Swan, we are dedicated to helping families recover the compensation they deserve, and our experienced wrongful death attorneys are here to assist you through every step of the process.

What is Wrongful Death?

Definition of Wrongful Death

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. In legal terms, wrongful death claims allow surviving family members to file a wrongful death lawsuit to seek compensation for the damages they have suffered. Unlike criminal cases, which are handled by the state, wrongful death actions are civil cases brought by the family or a personal representative of the deceased person’s estate. The Arizona Judicial Branch site provides a wealth of legal resources, including information on how to file lawsuits, which could be very helpful to those navigating the legal system.

Common Causes of Wrongful Death

Wrongful death can arise from various situations, each involving negligence or misconduct that leads to a fatal accident. In Phoenix, some of the most common causes of wrongful death include:

• Motor Vehicle Accidents: Fatal accidents involving cars, trucks, motorcycles, and pedestrians are prevalent in Phoenix due to heavy traffic, road congestion, and driver negligence. Common contributing factors to these accidents include distracted driving, speeding, driving under the influence of alcohol or drugs, and reckless driving. When the driver’s negligence causes the victim’s death, surviving family members can file a wrongful death claim.
• Medical Malpractice: When a healthcare provider’s actions result in a patient’s untimely death, the family may pursue a wrongful death lawsuit. Medical malpractice claims typically involve misdiagnosis, surgical errors, delayed treatment, or medication mistakes that directly contribute to the victim’s death. Arizona law allows families to hold healthcare providers accountable for such mistakes.
• Workplace Accidents: In high-risk occupations such as construction, manufacturing, and transportation, workplace accidents can lead to wrongful death. If employers fail to provide a safe working environment or violate OSHA regulations, they may be held liable. Fatal accidents caused by workplace negligence often result in a wrongful death claim, especially if safety equipment or proper training was not provided.
• Slip and Fall Accidents: Property owners have a duty to ensure their premises are safe. When unsafe conditions, such as wet floors, poor lighting, or uneven walkways, lead to fatal slip and fall accidents, they may be held accountable. Older adults, in particular, are at higher risk of fatal injuries from falls, which is why these cases can result in wrongful death suits.
• Product Liability: Defective or dangerous products that cause death can lead to wrongful death claims. If a product malfunction or design flaw causes a fatal injury, the manufacturer, retailer, or distributor may be held responsible. These types of cases may involve products like defective vehicles, faulty medical devices, or hazardous household items.
• Criminal Acts: When a person’s death is the result of intentional violence or criminal activity, such as assault or battery, the surviving family can pursue a wrongful death suit in addition to the criminal charges brought by the state. While the criminal justice system may punish the wrongdoer, a civil wrongful death lawsuit can help the victim’s family recover compensation for their loss.

Who Can File a Wrongful Death Claim in Phoenix?

Eligible Claimants

Under Arizona law, the following parties can file a wrongful death claim:

• Surviving Spouse: If the deceased was married, the surviving spouse has the right to file a wrongful death lawsuit on behalf of the family.
• Children: Biological and adopted children of the deceased can file a claim. If the deceased had young children or adult children who were financially dependent on them, they may be eligible to seek compensation.
• Parents: If the deceased person was unmarried and had no children, the parents may file the claim.
• Personal Representative: If there are no immediate family members or dependents to file the claim, a personal representative can file the lawsuit on behalf of the deceased person’s estate or the beneficiaries. The personal representative may be named in the deceased person’s will or appointed by the court.

Each of these parties has the legal right to seek damages for their financial and emotional losses following a loved one’s death. A Phoenix wrongful death lawyer can help guide surviving family members through the legal process to ensure they receive the appropriate compensation.

Types of Damages in a Wrongful Death Claim

Economic Damages

Economic damages are tangible financial losses that result from the wrongful death of a loved one. These may include:

• Medical Expenses: The medical bills incurred by the deceased before their death can be included in the wrongful death claim. This may cover emergency room visits, surgery costs, hospital stays, and any medical treatments that were necessary due to the injury leading to the victim’s death.
• Funeral and Burial Costs: Surviving family members are entitled to compensation for funeral and burial expenses. The costs of these services can add significant financial strain to the family during an already difficult time.
• Loss of Income and Support: One of the most significant economic damages in wrongful death cases is the loss of income the deceased would have provided to their family. This includes wages, salary, and other forms of financial support the deceased person contributed to the household.
• Loss of Inheritance: Family members may also be compensated for the loss of inheritance. The deceased’s death may result in an altered financial trajectory for the surviving family, and compensation can help alleviate this financial hardship.

Non-Economic Damages

Non-economic damages compensate for intangible losses that do not have a specific dollar value but are equally important. These include:

• Emotional Pain and Grief: Surviving family members can be compensated for the emotional toll caused by the loss of their loved one. The mental anguish and sorrow experienced as a result of the death can be a significant part of the damages in a wrongful death claim.
• Loss of Companionship and Support: Families may also seek compensation for the loss of companionship, guidance, and care that the deceased person provided. This can be particularly important for children who lose their parents or spouses who lose their partners.
• Loss of Parental Guidance: If the deceased was a parent, surviving children can claim compensation for the loss of their parental care, guidance, and emotional support.

Punitive Damages

In cases where the defendant’s actions were particularly malicious or reckless, punitive damages may be awarded. These damages are meant to punish the wrongdoer and deter others from engaging in similar behavior. For example, if a company’s negligence in manufacturing a defective product resulted in a wrongful death, the court may impose punitive damages to penalize the company for its gross negligence.

The Legal Process for Filing a Phoenix Wrongful Death Claim

Initial Steps After a Fatal Accident

The first step after a wrongful death occurs is to contact a Phoenix wrongful death attorney who specializes in these types of cases. An experienced attorney will provide crucial support in assessing the case, identifying liable parties, and gathering evidence. The attorney can also help you understand your legal rights and options for pursuing a wrongful death claim. Additionally, they will be able to guide you through the process of filing a wrongful death lawsuit, ensuring you meet all legal requirements.

While your lawyer works on the legal aspects, it is important to gather and preserve any evidence related to the wrongful death. This can include medical records, accident reports, witness statements, photographs from the scene of the accident, and anything else that may support your claim. The sooner you begin this process, the stronger your case will be.

Filing the Wrongful Death Lawsuit

After determining who is liable for your loved one’s death, your Phoenix wrongful death attorney will file a wrongful death lawsuit on your behalf. This legal action is usually brought against the individual, company, or entity whose negligence or wrongful act caused the fatal accident. In cases of medical malpractice, for example, the lawsuit may target the healthcare provider or hospital responsible for the wrongful death.

Your lawyer will work with you to ensure that all necessary documents are filed correctly and that the lawsuit is pursued within the required timeline. The lawsuit will aim to secure financial compensation for the deceased person’s family and cover damages such as funeral costs, medical expenses, loss of income, and emotional suffering.

The Role of a Phoenix Wrongful Death Attorney

A Phoenix wrongful death attorney plays a vital role in the legal process, ensuring that you have the best chance of securing a favorable outcome. They will handle all aspects of your wrongful death lawsuit, including:

• Investigating the circumstances surrounding the fatal accident to gather the necessary evidence and establish liability.
• Communicating with insurance companies on your behalf to negotiate a settlement or initiate litigation if needed.
• Calculating the value of your claim, taking into account both economic and non-economic damages.
• Representing you in court if the case goes to trial, advocating for the compensation you deserve.

Having a skilled wrongful death lawyer on your side can help reduce the stress of dealing with complex legal matters during such a challenging time.

Statute of Limitations for Phoenix Wrongful Death Claims

The Importance of Filing Promptly

In Arizona, the statute of limitations for filing a wrongful death claim is typically two years from the date of the victim’s death. This means that surviving family members have two years to file a wrongful death lawsuit in Arizona courts. If the lawsuit is not filed within this time frame, the right to pursue compensation for the wrongful death may be lost forever.

However, there are exceptions to this general rule. For instance, in cases involving medical malpractice, the statute of limitations may be extended if the death resulted from misdiagnosis, delayed treatment, or surgical errors that were not immediately apparent. Additionally, if the at-fault party deliberately concealed their actions or involvement in the fatal accident, the statute of limitations could be tolled, allowing more time for the family to file a claim.

Because the statute of limitations can vary depending on the circumstances of the case, it is crucial to consult with a Phoenix wrongful death attorney as soon as possible after the fatal accident to ensure that the legal process is started promptly.

Wrongful Death Settlement

The Possibility of a Settlement

Many wrongful death cases are resolved through a settlement before reaching trial. A wrongful death settlement is an agreement between the parties involved, where the at-fault party or their insurance company offers compensation to the surviving family members without the need for a lengthy trial. This can often result in a faster resolution and less stress for the grieving family.

However, it’s essential to have an experienced wrongful death attorney by your side during settlement negotiations. Insurance companies and at-fault parties may try to minimize the amount they pay out, so having legal representation ensures that you are not shortchanged. Your attorney will advocate for a full and fair compensation that reflects the true financial and emotional damages caused by your loved one’s death.

The Settlement Process

During the settlement process, the attorney representing the surviving family members will present evidence of damages such as funeral and burial expenses, medical costs, and loss of future earnings. The attorney will also take into account the emotional suffering, loss of companionship, and mental anguish experienced by the family. They will negotiate with the at-fault party’s legal team or insurance company to reach a settlement that fairly compensates the family for their loss.

If the parties involved cannot agree on a settlement, the case may proceed to trial, where a wrongful death lawsuit will be heard before a judge or jury.

Why Choose Keller Swan Injury Attorneys?

When facing the overwhelming loss of a loved one due to someone else’s negligence, it’s essential to have a compassionate and experienced legal team by your side. Keller Swan Injury Attorneys bring years of expertise in handling Phoenix wrongful death lawsuits and personal injury claims. Our attorneys are committed to securing justice for the families of wrongful death victims, offering personalized and aggressive legal representation. We take the time to listen to your story, guide you through every step of the legal process, and work tirelessly to ensure you receive full and fair compensation for your loss.

Our law firm is known for its client-centered approach, always prioritizing the emotional and financial well-being of the families we serve. Whether it’s negotiating a wrongful death settlement or pursuing a lawsuit in court, Keller Swan Injury Attorneys are dedicated to delivering the best possible results for our clients. Trust us to be your ally in seeking justice for your loved one’s wrongful death.

Frequently Asked Questions (FAQs)

1. What is a wrongful death lawsuit?

A wrongful death lawsuit is a legal action filed by the surviving family members of a deceased person whose death was caused by the negligence or wrongful act of another party. The lawsuit seeks compensation for economic losses, emotional distress, and other damages resulting from the untimely death.

2. Who can file a wrongful death claim in Phoenix, Arizona?

In Arizona, surviving family members such as a surviving spouse, children, parents, or a personal representative of the deceased person’s estate can file a wrongful death claim. The specific eligibility depends on the deceased’s family structure.

3. How long do I have to file a wrongful death claim in Arizona?

The statute of limitations for filing a Phoenix wrongful death lawsuit in Arizona is typically two years from the date of death. If you do not file within this time frame, you may lose your right to recover compensation.

4. What types of compensation can I receive in a wrongful death lawsuit?

In a wrongful death lawsuit, you may be entitled to compensation for medical expenses, funeral and burial costs, loss of income, loss of companionship, emotional suffering, and other damages related to the victim’s death. Punitive damages may also be awarded in cases of extreme negligence or recklessness.

Get the Justice You Deserve

Losing a loved one is devastating, and the legal process that follows can be overwhelming. If your family is facing the aftermath of a wrongful death, Keller Swan Injury Attorneys are here to help. Our experienced team of Phoenix wrongful death attorneys understands the emotional and financial toll that these cases take, and we’re committed to helping you recover compensation for your loss.

Don’t navigate this difficult time alone. Contact us to schedule your free consultation. Our team is ready to guide you through the legal complexities of personal injury claims and fight for the justice and compensation your family deserves.