Wrongful Death Accidents Lawyer in Phoenix, Arizona

Losing someone you love is incredibly painful and life changing, and when that loss is caused by someone else’s negligence or wrongdoing it can be even more devastating. Wrongful death accidents in Phoenix, Arizona can be crushing for families who are left to grieve while also dealing with financial and legal issues. At Keller Swan we represent the families of wrongful death victims, we guide them through the process to make sure justice is served and they get fair compensation for their loss. We know no amount of money can bring back a loved one, but holding the responsible party accountable can bring closure and financial support in those tough times.

Wrongful Death

A wrongful death occurs when someone dies as a result of someone else’s negligence, recklessness or intentional actions. Wrongful death claims allow surviving family members to seek legal recourse and compensation for the financial and emotional damages they have suffered because of the loss of their loved one.

Wrongful death can occur from many different situations including but not limited to:

1. Motor Vehicle Accidents
   This includes fatal accidents involving cars, trucks, motorcycles or pedestrians. In Phoenix where traffic is heavy and roadways are congested motor vehicle accidents are a leading cause of wrongful death. Distracted driving, reckless driving, speeding and driving under the influence are common factors that contribute to these fatalities.
2. Medical Malpractice
   Patients put their health and lives in the hands of medical professionals, but errors in diagnosis, surgery or treatment can be fatal. Medical malpractice wrongful death cases often arise from situations such as misdiagnosis, delayed treatment, surgical errors or medication mistakes. Arizona law allows families to hold healthcare providers accountable for such fatal errors.
3. Workplace Accidents
   High risk occupations such as construction and manufacturing can result in fatal workplace accidents. When employers fail to provide a safe work environment or violate OSHA regulations they may be held liable for the wrongful death of an employee. Workplace fatalities can also result from equipment malfunctions, unsafe practices or lack of proper safety training.
4. Slip and Fall Accidents
   Property owners have a duty to maintain safe premises. When they fail to do so and dangerous conditions result in fatal slip and fall accidents they can be held liable in a wrongful death claim. Slip and fall accidents are particularly deadly for the elderly where falls can be life threatening.
5. Product Liability
   Defective or dangerous products that cause death can result in wrongful death claims. Manufacturers, distributors and retailers may be held accountable if a product they released caused harm or death due to poor design, manufacturing defects or failure to provide adequate safety warnings.
6. Criminal Acts
   Intentional violent acts such as assault, battery or other crimes that result in death can give rise to both criminal and civil actions. While the state may prosecute the wrongdoer criminally the family of the deceased can pursue a civil wrongful death claim to get compensation for their losses.

Personal Injury Wrongful Death Laws in Phoenix, Arizona

Arizona wrongful death claims are governed by Arizona Revised Statutes (ARS) § 12-611 to 12-613 which outline the laws for filing a claim. These statutes define who can file a claim, what damages can be claimed and how long you have to file a claim.

1. Who can file a Wrongful Death Claim?

• Spouse: The surviving spouse can file a wrongful death claim.
• Children: The deceased’s children, biological or adopted, can file a claim.
• Parents: If the deceased was unmarried and had no children, the parents of the deceased can file a claim.
• Personal Representative: If there are no immediate family members who can file, the personal representative of the deceased’s estate can file the claim on behalf of the estate or the deceased’s beneficiaries.

These claims are to provide financial compensation to the surviving family members who depended on the deceased for financial and emotional support.

2. Types of Damages in a Wrongful Death Claim

Wrongful death claims seek to provide compensation for both economic and non-economic damages. These damages are:

• Economic Damages: These are tangible financial losses resulting from the death:
  • Medical expenses prior to death.
  • Funeral and burial costs.
  • Loss of the deceased’s income and benefits that would have supported the family.
  • Loss of inheritance or financial support the deceased would have provided in the future.
• Non-Economic Damages: These damages are for more intangible losses that don’t have a dollar value:
  • Pain and suffering experienced by the deceased before death.
  • Emotional pain, grief and loss of companionship experienced by the family.
  • Loss of parental guidance, love and care for surviving children.
• Punitive Damages: In cases where the defendant’s actions were extreme or malicious punitive damages may be awarded. These damages are to punish the wrongdoer and to deter others from engaging in similar reckless behavior.

3. Statute of Limitations for Wrongful Death Claims

In Arizona the statute of limitations to file a wrongful death claim is 2 years from the date of death. If the claim is not filed within this time the family will lose their right to recover. However, there are some exceptions to this rule, such as if the death was from medical malpractice or if the negligent party concealed their involvement in the death. In those cases the statute of limitations may be extended. It’s important to consult with an attorney to make sure all deadlines are met.

Wrongful Death Accident Statistics in Phoenix, Arizona (2023)

2023 saw a large number of wrongful death cases in Phoenix, Arizona with many different causes. Understanding these trends can help you understand the types of accidents that result in wrongful death claims and the need for legal help for families.

• Total Cases: Approximately 250 wrongful death cases in Phoenix in 2023. These cases were from various types of incidents including motor vehicle accidents, medical malpractice, workplace fatalities and criminal acts.
• Leading Causes of Death:
  • Motor Vehicle Accidents: Motor vehicle collisions, including truck, motorcycle and pedestrian accidents were the leading cause of wrongful death with about 120 cases.
  • Medical Malpractice: There were about 40 cases of medical errors that led to death including misdiagnosis, surgical mistakes and medication errors.
  • Workplace Accidents: Workplace fatalities accounted for about 30 wrongful death cases with many in the construction and manufacturing industries.
  • Slip and Fall Accidents: About 20 cases were from fatal slip and fall accidents often due to unsafe property conditions.
  • Product Liability: Another 20 cases were from defective products that caused fatal injuries or accidents.
• Demographics of Victims: Most wrongful death cases were individuals between 30-60 years old, many of whom were the primary breadwinners for their families. These cases left surviving spouses and children with emotional and financial hardship.

Notable Wrongful Death Case in Phoenix, Arizona

One of the most notable wrongful death cases in Phoenix in the past 10 years was a construction accident. The victim, a 38 year old construction worker, fell to his death when scaffolding collapsed at a commercial construction site. The accident was due to the construction company’s failure to follow safety regulations, specifically failing to provide fall protection.

Case Facts

The victim was working at the construction site when the scaffolding, which was not properly secured, gave way. He fell multiple stories and died. Investigations found the construction company violated several OSHA regulations including not providing workers with harnesses and safety equipment. The victim’s family filed a wrongful death lawsuit against the construction company and several subcontractors for gross negligence.

Case Result

The case settled for $10 million which included:

• Funeral and burial expenses.
• Lost wages the deceased would have earned throughout his life.
• Pain and suffering to the victim’s family.
• Punitive damages for the company’s reckless disregard for worker safety.

This case highlights the need for strict regulations in high risk industries and shows the legal options available to families when an employer’s negligence causes the death of a loved one.

Why Choose Keller Swan for Your Wrongful Death?

At Keller Swan we know the emotional and financial impact of a wrongful death on a family. Our attorneys are dedicated to providing compassionate and aggressive representation to get you the justice and compensation you deserve. Here’s why you should choose us:

1. Experienced Lawyers

Our team of attorneys has handled many wrongful death cases. We know the Arizona wrongful death laws and how to build strong, winning cases for our clients. Whether your case is a motor vehicle accident, medical malpractice or something else, we have the expertise and resources to go after justice.

2. Client Focused

We put our clients first and are here to support you every step of the way. We take the time to listen to your story, explain your options and keep you informed throughout the process. At Keller Swan you are not just another case—you are a valued client who deserves individual attention and care.

3. Results Oriented

We have a history of securing large settlements and verdicts in wrongful death cases. Our focus on excellence and client satisfaction drives us to get results that hold the negligent parties accountable and provide financial relief to the grieving family.

Types of Wrongful Death Cases

• Motor Vehicle Accidents: Car, truck and motorcycle accidents.
• Medical Malpractice: Misdiagnosis, surgery and treatment errors.
• Workplace Accidents: Hazardous working conditions causing fatal injuries.
• Slip and Fall Accidents: Hazardous property conditions causing fatal falls.
• Product Liability: Defective products causing fatal injuries.
• Criminal Acts: Violent crimes resulting in death.

What to Do After a Wrongful Death

1. Get a Lawyer: Contact a wrongful death attorney at Keller Swan to discuss your case and explore your options. We will guide you through the legal process and advise you on what to do.
2. Gather Evidence: Collect relevant documents including medical records, accident reports and witness statements. This evidence will be key to your case.
3. File a Claim: File the wrongful death claim within the 2 year statute of limitations to preserve your right to compensation.
4. Get Compensation: Work with your attorney to get compensation for funeral expenses, lost wages, emotional suffering and other damages resulting from the wrongful death.

Get in Touch

If someone else’s negligence or wrongdoing has taken the life of a loved one, Keller Swan is here to help. Our attorneys will help you get the compensation you need to move forward. Contact us today for a free consultation and let us get started.