Wrongful Death Lawyer in Phoenix

When a loved one is killed in an accident, it leaves you and the rest of your family with grief, and potentially with substantial economic concerns.  A wrongful death lawsuit can help your family move forward, providing economic relief for your loss.

Lawsuits can be filed for car accidents and other accidents that cause a loved one's death.  Whether you are filing against an individual or a company, our lawyers can help you understand how to bring the claim and then actually file, negotiate damages, and even take the case to trial if necessary.

For your free case review, call Phoenix Accident and Injury Law Firm's wrongful death lawyers right away at (480) 428-0816.

What Constitutes a "Wrongful" Death?

When someone dies because of an accident or otherwise avoidable event, that is considered "wrongful" in the legal sense.  This includes intentional killings like murder and manslaughter - which can result in a civil case alongside the criminal case - but it more likely refers to deaths from "negligence."

Negligence has four major elements to prove in a wrongful death claim:

1. The defendant owed the victim a legal duty.  This is often brought on by laws - such as traffic laws - or based on the relationship between the defendant and the victim - such as a doctor-patient relationship.
2. The defendant breached that duty.  This typically involves a violation, unreasonable action, or other failure to follow the duty of care expected of the defendant.
3. The defendant's actions actually caused the victim's death.
4. The victim and family suffered damages, such as economic harm and the emotional distress of their loss, that the court can compensate.

Put another way, a lawsuit is allowed for a wrongful death when, if the victim had survived, they would have been entitled to a lawsuit for their injuries.

Survival Action vs. Wrongful Death Suit

When you file a claim for a loved one's death, there are technically two lawsuits you file simultaneously.  Our wrongful death lawyers can help you figure out what damages go under each category and bring both lawsuits together.

Wrongful Death Claim

The wrongful death claim is filed by the surviving family for their own benefit.

• Who files?The victim's spouse, children, parents, or personal representative files the lawsuit.
• Who benefits?The victim's spouse, children, or parents get paid directly for the harms they suffered.  If no one fills these roles, the damages go to the victim's estate instead.
• What are the damages?  You can claim damages for the family's lost income, lost companionship, pain and suffering, etc.  This includes economic and non-economic damages.

Survival Action

A survival action is essentially the lawsuit the victim would have filed if they survived their injuries.  This compensates the victim, paying the damages into their estate, instead of compensating the family directly.

• Who files?  The victim's personal representative.
• Who benefits?  Damages are paid into the estate.
• What are the damages?  This suit covers the victim's pre-death damages: lost wages, end-of-life medical care, pre-death pain and suffering, etc.

What Damages Are Available?

A loved one's death can feel impossible to put a value on, so it is better to break things down into the economic and non-economic damages:

Economic Damages

Economic damages are paid to cover the monetary impact of the death, covering things like

• Medical expenses
• Lost income
• Lost household services.

We can help collect bills and records of these harms and project future damages, such as ongoing lost wages.

Non-Economic Damages

Non-economic damages cover the other harms, often mental and emotional:

• The victim's pre-death pain and suffering
• Your lost companionship
• Your family's pain and suffering.

We can help you understand how these damages are typically calculated and put forward a fair claim that adequately compensates you instead of trusting the insurance company's valuation of your pain and suffering.

FAQs for Wrongful Death Claims in Phoenix

What is a Personal Representative?

The personal representative is the executor of the victim's estate.  This person is typically named in their will - if they have one - and is often a close family member or family attorney the person trusts to take care of their assets, distribute them to their heirs, and take care of any legal issues after they die.

If the victim died without a will, the court can appoint the executor/personal representative, typically choosing a spouse, sibling, or other close family member.

Can Other Family or Non-Family File a Wrongful Death Claim?

Both the survival action and wrongful death action in Arizona can be filed by the victim's personal representative if they have no spouse, children, or parents.  This allows that trusted representative to bring the case.

If there are no spouse, children, or parents, all of the damages are paid into the victim's estate, which allows their named heirs to get those damages, regardless of their relationship to the victim.  This can potentially help dependent siblings or unmarried partners recover.

These cases are quite complicated and may face legal hurdles, so always work with a lawyer.

How Long Do I Have to File?

The statute of limitations for wrongful death is the same as the personal injury statute of limitations: 2 years.  When suing for wrongful death, the clock starts at the time of death, not the time of injury.

Do I Need a Lawyer?

Yes.  You can legally proceed without a lawyer, but you should never try to handle a wrongful death claim through insurance or by filing on your own.  The process is complicated, and even filing the case can be difficult for a non-lawyer.

Understanding the full value of the damages in your case is also hard, given that you need to put a value on things like lost companionship, lost household services, and the total lost income your spouse or parent would have provided for years to come.

Can I File Through Insurance?

Many wrongful death claims are covered by insurance.  This is especially common in car crashes, since every driver in Arizona is required to be covered under an insurance policy that can pay for the death and injury they cause behind the wheel.

However, insurance companies often try to drive down settlement values and leave out damages, so it might take sharp negotiation tactics or even a lawsuit to actually get paid.

Call Our Wrongful Death Lawyers in Phoenix Today

To get a free case evaluation from the wrongful death lawyers at Phoenix Accident and Injury Law Firm, call (480) 428-0816 today.