If you have recently lost a loved one in a car accident, please accept our condolences. We understand how difficult and painful it can be to deal with this loss. Dealing with the consequences of a fatal car accident can be overwhelming for the surviving relatives. On this occasion we can offer you support with our experienced fatal car accident lawyers in Arizona.
It’s not just the emotional burden but also facing the aftermath of medical bills, funeral expenses, and the fact that their loved one will no longer be there to support them in many ways, including financially.
In these challenging times, you don’t have to face this alone. Our experienced fatal car accident lawyer from Phoenix Accident and Injury Law Firm can help you alleviate the burden. They can guide you to the compensation you need to navigate through these difficult hours.
Phoenix Accident and Injury Law Firm knows that this is not a replacement for the loss of a loved one. Still, our fatal car accident lawyer can help you get justice, closure, serenity, and the peace of mind that you deserve.
Understanding Wrongful Death Claims
According to the Legal Information Institute, A wrongful death action is a “civil lawsuit brought by the family members or dependents of a deceased person against an individual or entity who can be held liable for the death due to their negligent, reckless, or intentional actions.”
A wrongful death lawsuit seeks to hold the responsible party accountable for causing another person’s death. Your goal is to recover, with the assistance of a fatal car accident lawyer, compensation for the financial and emotional hardships suffered by surviving family members. Any incident that results in a wrongful death may be grounds for such legal action.
Personal Injury vs. Wrongful Death
When a car accident caused by another driver’s negligence results in injuries, the injured person can typically seek compensation through a personal injury lawsuit. This compensation can cover medical expenses, lost wages, property damage, and pain and suffering.
However, When a negligent driver causes a fatal accident, the surviving family members have the right to pursue a wrongful death lawsuit. Unlike personal injury claims brought by injured victims, a wrongful death claim is filed on behalf of the deceased by their loved ones.
A fatal car accident lawyer can guide families through the complex legal process, helping them seek compensation for funeral expenses, loss of companionship, and other damages. These attorneys have the expertise to hold negligent parties accountable and secure the justice and financial support the family deserves.
How a Fatal Car Accident Lawyer Establish a Wrongful Death Lawsuit
Typically, only close family members can file a wrongful death claim against an insurance company or in court. To succeed, they must prove the other party’s negligence directly caused their loved one’s death.
Wrongful death cases are complex and emotionally draining. A fatal car accident lawyer can navigate the legal complexities, allowing families to focus on grieving.
Car accident cases often require:
- Thorough investigation: Determining fault and liability.
- Expert analysis: Accident reconstruction and medical expertise.
- Product evaluation: Investigating potential vehicle defects.
Building a solid wrongful death case takes time and skill. If your loved one died in a car accident due to someone else’s negligence, you may have the right to seek justice. A dedicated fatal car accident lawyer from Phoenix Accident and Injury Law Firm can guide you through this complicated process and protect your legal rights.
Key Legal Considerations
Under Arizona law (A.R.S. § 12-612), specific family members can file a wrongful death claim. These eligible individuals include:
- A surviving spouse
- A surviving child
- A surviving parent or guardian
- A personal representative of a deceased spouse, child, or parent
It’s important to note that siblings, other relatives, or unmarried partners are not eligible to file a wrongful death claim in Arizona.
Grounds for a Wrongful Death Claim
To hold someone responsible for wrongful death, you must prove that their actions caused the victim’s death. This generally involves establishing negligence, meaning the person acted carelessly and disregarded the safety of others. Specifically, you must show:
- Duty of care: The responsible party owed a legal duty to the deceased.
- Breach of duty: This party failed to fulfill their duty of care.
- Causation: The breach of duty directly caused the victim’s death.
- Damages: The deceased’s family suffered financial and emotional losses as a result.
If you believe you have a wrongful death claim, consulting with an Arizona Wrongful death accident lawyer is crucial. They can help you understand the complexities of the law and build a strong case.
How a Fatal Car Accident Lawyer Navigates the Insurance Negotiations After a Fatal Car Accident
When a loved one is tragically killed in a car accident caused by another’s negligence, the ensuing process can be overwhelming. Many families turn to the negligent party’s insurance company to seek fair compensation. Unfortunately, insurers often employ tactics to minimize payouts.
It’s crucial to approach these negotiations with caution. A fatal car accident lawyer can help you navigate the intricate legal aspects of such a negotiation. It is very easy for unscrupulous people to take advantage of your grief for their benefit.
What Families Need to Know
Insurance companies often employ tactics to minimize payouts, so here are some crucial points to remember:
- Beware of Recorded Conversations: Insurance companies may try to record your conversations. Decline these requests, as anything you say could be used against you.
- Protect Your Loved One’s Medical Records: Only share medical records directly related to the fatal accident. The insurance company has no right to your loved one’s complete medical history.
- Understand Settlement Offers: Only cash a settlement check if you fully understand its implications. Insurance companies might offer a small amount upfront, only to deny further payments later.
- Consider Legal Counsel: Consulting a Wrongful death accident lawyer can be invaluable. These lawyers can protect your rights, negotiate effectively, and help you secure a fair settlement.
Remember, insurance companies prioritize their bottom line. Protecting yourself and your family’s interests is essential. So let us manage this for you. Our fatal car accident lawyer at Phoenix Accident and Injury Law Firm will ensure that insurers provide fair compensation.
Compensation Available for Wrongful Death in Phoenix AZ
The loss of a loved one due to another person’s negligence is a devastating experience. While nothing can replace your loss, financial compensation can help alleviate some of the burdens you face.
Potential Compensation in a Wrongful Death Claim
If you believe someone else’s negligence caused your loved one’s death, you may be entitled to compensation for various losses, including:
- Economic Damages:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost wages of the deceased
- Loss of future earnings
- Non-Economic Damages:
- Pain and suffering endured by the deceased before death
- Loss of companionship, guidance, and support
- Loss of consortium (loss of spousal companionship)
- Loss of caregiving services
- Mental anguish and emotional distress of surviving family members
Calculating wrongful death damages requires careful analysis of various factors, including economic losses and emotional suffering. Fatal car accident lawyers implement specialized methods and consider previous cases to build a strong claim.
Common Causes of Fatal Car Accidents in Arizona
Some of the most common factors that a fatal car accident lawyer deals with on a daily basis include:
- Impaired driving: Driving under the influence of alcohol or drugs significantly increases the risk of accidents.
- Distracted driving: Activities like texting, talking on the phone, or eating while driving divert attention from the road.
- Speeding: Exceeding speed limits reduces reaction time and increases the severity of crashes.
- Reckless driving: Aggressive behaviors such as tailgating, weaving through traffic, or running red lights can lead to fatal accidents.
- Fatigue: Drowsy driving impairs judgment and reaction time, posing a serious risk
Tragically, many car accidents are preventable. According to the Arizona Department of Transportation, driver behavior is a leading factor in more than 90 percent of crashes. Speeding, impairment, aggressive driving and distracted driving are primary contributors to the rising number of traffic fatalities, and those are all actions drivers can choose not to engage in.
FAQs: Your Questions Answered
What is the difference between a wrongful death claim vs survival action in Arizona?
Wrongful death claims compensate the family members of the deceased, while survival actions provide compensation that the individual would have received if they had not died. Our fatal car accident lawyer will study your case to determine which claims best suit your situation.
Is there a time limit to file a wrongful death suit?
Yes. According to Arizona’s statute of limitation, the plaintiff must file a wrongful death case within two years of the date of the deceased person’s death. It is recommended that you talk to a car accident lawyer in Arizona as soon as you can to present your claim.
Expectations from a Wrongful Death Case
Fatal car accident cases are often resolved through settlements between the at-fault driver’s insurance and the victim’s family or estate. This can happen before or during a lawsuit. However, if both parties can’t settle, the case may proceed to trial. An experienced car accident lawyer in Arizona can assess your case’s potential for settlement or trial.
Why Choose a Phoenix Fatal Car Accident Lawyer?
When tragedy strikes due to a fatal car accident, securing the guidance of skilled legal representation is paramount. Phoenix Accident and Injury Law Firm specializes in providing unwavering support to families affected by such devastating losses. As a dedicated fatal car accident lawyer in Phoenix, we are committed to pursuing justice and maximum compensation on behalf of our clients.
With over 15 years of experience, our proven track record speaks for itself. We have successfully recovered millions in damages for clients, offering compassionate support throughout the legal process. Our personalized approach ensures you receive dedicated attention from attorney Christy Thompson, who will guide you through every step.
Conveniently located across Phoenix, Chandler, Peoria, and North Phoenix, we offer accessible legal counsel tailored to your needs. Whether you prefer in-person meetings, phone consultations, or video chats, our fatal car accident lawyer is here to assist you.
Contact Us for a Free Consultation
At Phoenix Accident and Injury Law Firm our motto is We will fight for your legal rights, your peace of mind, and your quality of life. That is why our fatal car accident lawyer seeks to provide you with all the support you need to get through this difficult situation.
We understand the pain and confusion you are experiencing right now. As an experienced fatal accident lawyer, we are committed to providing you with the legal support you need. Contact us or call our office to schedule a free consultation to discuss your case and learn how we can help you seek justice.
