Losing a family member due to someone else’s careless or malicious actions is a tragedy. The untimely death of a loved one can have a devastating emotional impact on a grieving family. You may face financial struggles due to expensive burial expenses and losing your deceased family member’s income. You may also struggle to find closure even if the person responsible for your family member’s death faces criminal charges. Financial compensation is important to help families cope with the financial impact of a loved one’s death, covering costs such as burial expenses and lost income. A Phoenix wrongful death lawyer from Triumph Law Group can help you seek justice for a loved one’s death.
We can represent you in wrongful death lawsuits and in initiating legal action against those responsible. As a law firm with experienced wrongful death attorneys in Phoenix, we provide legal counsel to guide grieving families through the complex process of pursuing compensation. While no amount of money will make up for a lost member, your compensation from a wrongful death claim can provide much-needed financial support during a trying time. A wrongful death action also provides a chance to hold someone legally accountable for your family’s death. You don’t owe us any fees unless you recover compensation. Call 602-595-5559 now or complete our contact form for a free consultation. For reliable guidance, our Phoenix law firm’s details are listed below.
Why You Need a Phoenix Wrongful Death Attorney
The last thing you need after a family member’s death is the stress and hassle of a complex legal case. While you may want justice for your family, your priority is to spend time with those close to you and work through your grief.
Our wrongful death attorneys in Phoenix can handle the legal battle while you and your family heal. We will guide you through the legal process, identify the responsible party, and gather all relevant evidence—such as medical records, accident reports, and witness statements—to support your claim. Our team will also negotiate with the insurance company on your behalf to pursue fair compensation. If a trial is necessary, we’ll take care of the legal procedures and develop compelling arguments to present to a judge or jury. Let our personal injury legal team defend your family’s rights while you focus on other matters.
How Arizona Law Defines a Wrongful Death
Arizona law classifies as a wrongful death any death resulting from any “wrongful act, neglect, or default” that would have been grounds for a personal injury claim had the deceased lived. In other words, a wrongful death is any person’s death resulting from someone else’s negligence, careless, reckless, or intentionally harmful actions, such as a fatal accident.
Arizona’s wrongful death law also covers deaths resulting from intentional violence, medical malpractice claims, and wrongful death fatal accidents. For example, if a person’s death results from medical professionals’ negligence, such as informed consent violations, the family may have grounds for a wrongful death claim.
Fatal accidents, such as car crashes, are a common cause of wrongful death, and it is important to identify the responsible parties to hold them accountable. Accident reports and accident reconstruction specialists play a vital role in establishing liability in these cases. Families can pursue a civil claim by filing a wrongful death suit, also referred to as wrongful death suits, to seek compensation for their loss. Wrongful death actions and wrongful death cases are distinct legal processes under Arizona law, and in some situations, a personal injury lawsuit may also be relevant.
Negligence
Proving negligence is essential in wrongful death cases, which requires showing that the defendant owed a duty of care to the victim, and that the defendant’s breach or defendant breached that duty directly led to the victim’s death. Wrongful death cases often arise from someone else’s negligence, and establishing the defendant’s negligence is a key part of the legal process.
In cases of extreme negligence by a defendant, the court may award punitive damages to punish and deter such conduct. If someone dies from wounds sustained in a robbery, assault, or other crime, their surviving family would likely have grounds for a wrongful death claim against their deceased family member’s attacker. Talk to a Phoenix wrongful death attorney if you have questions about whether your family has grounds for a wrongful death claim.
Common Causes of Phoenix Wrongful Deaths
Wrongful deaths in Phoenix can happen in a variety of situations, such as motor vehicle and plane crashes. This often results in significant losses for the surviving family members of the deceased person. These wrongful death victims may have their rights represented through legal claims, which can be brought by the deceased person’s estate or eligible surviving family members. Damages recoverable in these cases may include compensation for the deceased person’s medical care, funeral expenses, lost income, and the emotional suffering of surviving family members.
Some of the most common causes of wrongful death include:
Car Accidents
Car crashes are one of the leading causes of death in Arizona, generally and in Phoenix in particular. Many fatal car crashes happen because a driver was speeding, distracted, intoxicated, following too closely, drifting into oncoming traffic, failing to yield the right-of-way, or otherwise reckless or negligent. Claims may be brought by the deceased person’s estate or surviving family members, and damages may include expenses for the deceased person’s medical care.
Truck Collisions
Semi-trucks and other commercial vehicles can weigh 10 to 30 times more than passenger cars, depending on the truck’s configuration and cargo. That extra weight makes them more likely to inflict catastrophic or fatal injuries in a collision. Common examples of negligence that cause truck accidents include speeding, tailgating, distracted driving, impaired driving, defective vehicle components, drowsy driving, and improper cargo loading. Surviving family members may be eligible to file claims for damages.
Motorcycle Crashes
Motorcycle riders and passengers are more exposed in crashes than people in cars or trucks, making them more likely to sustain severe or fatal injuries. Furthermore, many drivers don’t watch for motorcycles or disregard riders’ safety, increasing the chances of a collision. Common causes of fatal motorcycle crashes due to driver negligence include following too closely, turning in the path of an oncoming motorcycle, and drivers not checking their blind spots before merging or passing.
Pedestrian Accidents
Pedestrian deaths are surging across the country, including here in Phoenix. Many pedestrian accidents and deaths are preventable and result from careless actions like distracted driving, speeding, not yielding to pedestrians in crosswalks, and impaired driving. Surviving family members and the deceased person’s estate may pursue claims for damages.
Bicycle Collisions
Like pedestrians and motorcycle riders, cyclists are more exposed to the force of a crash. This makes them more likely to die from their injuries in a collision. Some common causes of fatal bicycle accidents include distracted driving, impaired driving, drivers not accounting for dim lighting conditions, and drivers failing to yield the right-of-way at intersections or crosswalks.
Medical Malpractice
Doctors, nurses, and others in the healthcare industry can make potentially fatal mistakes if they’re not careful. Some examples of potentially fatal negligence include diagnosis errors, wrong-site surgeries, leaving surgical tools inside patients, medication errors, poor infection control, and delayed emergency room care. The deceased person’s estate or surviving family members may be entitled to compensation for losses.
Dangerous or Defective Products
Design or manufacturing defects in household appliances, medical devices, and other products can cause fatal injuries. Similarly, failure to warn users of possible risks can lead to fatal injuries. Common examples of dangerous or defective products include prescription drugs, vehicle components, children’s toys, and household electronics.
Nursing Home Abuse or Neglect
Nursing home abuse and neglect are of particular concern in the Phoenix area due to the high number of elderly adults who live here. Consequently, nursing home residents can die from malnutrition, medication errors, and other forms of neglect. They can also die due to active physical abuse by staff or other residents if facilities aren’t careful in their hiring and safety practices.
Violent Crimes
Assault, robbery, and other violent acts can lead to fatal injuries, particularly if an attacker uses a deadly weapon. While the attacker is liable for injuries they cause in these cases, property owners can also be partly liable if they fail to provide adequate security at a home or business.
Who Can File a Phoenix Wrongful Death Claim?
Under Arizona law, the people who can file a wrongful death claim include:
- The surviving spouse, who is entitled to file a wrongful death claim and seek compensation
- Surviving children
- Parents or legal guardians (on behalf of their deceased children or wards)
- The personal representative of the deceased’s estate, who is often (though not always) a member of the deceased’s family
A Phoenix wrongful death lawyer can help you file a claim if you need more legal help.
Compensation in Phoenix Wrongful Death Claims
State law authorizes juries to award whatever compensation they decide is just and fair in a wrongful death case. With help from a capable legal team, your compensation in a Phoenix wrongful death claim can include money for:
- Medical expenses related to your deceased family member’s treatment
- Lost wages and income that your family member would have earned
- Funeral and burial expenses to cover the costs of services and prevent financial hardship
- Financial losses suffered by surviving family members as a result of the death
- Pain and suffering you and other family members have suffered, including the suffering endured and mental anguish experienced after the loss
- The loss of comfort, love, support, and companionship from your family member (sometimes called “loss of consortium”)
How much compensation you may receive depends on the specific circumstances of your case, including the extent of damages and evidence provided. A wrongful death settlement may be reached to provide financial security for your family, and a successful wrongful death lawsuit can recover compensation for all of these losses.
Deadline to File a Phoenix Wrongful Death Lawsuit
Arizona law requires you to file a wrongful death lawsuit within two years of your family member’s death. This deadline applies from the date they died, not the date on which they sustained their fatal injuries. The distinction matters because people sometimes live for weeks or months after an accident before succumbing to their injuries. To ensure you do not miss the deadline and protect your legal rights, it is important to seek legal counsel from a wrongful death lawyer in Phoenix as soon as possible.
Contact Our Phoenix Wrongful Death Lawyers Now
You deserve a chance to hold whoever caused your family member’s death accountable for their actions. Triumph Law Group can help you seek the justice and closure you deserve. Contact us today or reach out online for a free consultation with our team of Phoenix wrongful death lawyers. We can help you get the compensation you deserve with our skills and experience.
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