Was someone you love recently killed in an accident in Phoenix, AZ? Contact Impact Legal Car Accident Attorneys to learn more about your legal options today. The responsible party may owe your family significant compensation. Our experienced Phoenix wrongful death lawyer can help you fight to recover compensation for your financial losses and personal trauma.
Our founding attorney brings six years of legal experience to the table. We have a track record of successfully helping clients like you recover the money they need and deserve after a tragic loss.
It can be tough to know where to turn for help after such a traumatic loss. We’re prepared to do everything in our power to help you get justice. Contact our law offices in Phoenix, Arizona, at (602) 345-1818 today to learn more about how a Phoenix wrongful death attorney can help you through this time.
How Can Impact Legal Car Accident Attorneys Help You Recover Compensation for Wrongful Death in Arizona
Every year, families are forced to grieve tragic losses that could have been prevented. If you’re among them, you may need and deserve compensation. Unfortunately, responsible parties rarely want to admit wrongdoing. That can make recovering compensation difficult.
Let our Phoenix personal injury attorney take the lead and handle the heavy lifting. While you focus on your family’s well-being, our team at Impact Legal Car Accident Attorneys will be focused on the fight for compensation.
When you retain our Phoenix personal injury lawyer to fight for your family, we will:
- Carefully investigate to identify all parties who share financial responsibility for your loss
- Assess the full value of your damages, including future and personal losses
- Determine the legal basis for your claim
- Collect evidence to support all elements of your case
- Consult respected experts who can strengthen your case and increase its value
- Negotiate with the other side for a settlement that covers all of your losses
It’s important to consult a Phoenix personal injury lawyer as soon as you can. The clock for taking legal action in Phoenix, AZ, is already ticking. Call our Phoenix wrongful death attorney today for immediate legal assistance.
How Do I Know Whether I Have a Valid Wrongful Death Case in Arizona?
You may have a valid wrongful death case anytime you’ve lost a loved one due to someone else’s acts.
Arizona law defines wrongful death to include:
- A death “caused by wrongful act, neglect or default” of another party
- If the victim would have been entitled to file a personal injury lawsuit had they lived
Wrongful death cases are different from criminal murder or manslaughter cases. Often, wrongful death cases are based on accidents. However, you can still have a valid wrongful death lawsuit if the defendant is also facing murder charges. The civil lawsuit is completely separate from any criminal charges.
At Impact Legal Car Accident Attorneys, we handle wrongful death cases involving all different scenarios, including cases involving:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Construction accidents
- Workplace accidents
- Drownings and swimming pool accidents
- Intentional criminal violence
- Negligent security
- Dangerous property conditions
- Motorcycle wrecks
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Sports accidents
- Dog bites
- Defective products
- Nursing home abuse or neglect
If your loved one recently died and someone else was responsible, our lawyers will fight to hold them accountable for the needless suffering they’ve caused.
Only Certain Family Members Can File a Wrongful Death Lawsuit in Arizona
Not just anyone can file a wrongful death lawsuit. The right to file a lawsuit is reserved for the victim’s close family members in Arizona.
Arizona wrongful death laws provide that only the following survivors can file a wrongful death lawsuit:
- A surviving spouse
- The decedent’s children
- Parents or guardians of the decedent
Alternatively, the victim’s personal representative can file a lawsuit. When damages are recovered, they’re distributed to the victim’s survivors and heirs. The personal representative is generally the person chosen to handle the victim’s estate.
What Is My Phoenix Wrongful Death Case Worth?
More serious injuries tend to result in higher settlements and verdicts. Your loss is the most serious imaginable. That means your case value may be higher than a typical personal injury case. That said, many different factors are important to the calculation.
Some examples include:
- The ages and identities of surviving dependents and family members
- Your loved one’s age and earning capacity at the time of death
- The circumstances of your loved one’s death
- The value of household services and childcare
- How the loss has changed your family’s life
- Financial expenses you incurred due to the fatal injury and accident
The money you recover in a wrongful death case can play a vital role in your family’s future. Our goal is to help you maximize your financial recovery. To that end, we’ll work closely with your family to gain a detailed understanding of how the loss has impacted your lives. When helpful, we’ll also bring in experts to testify about the value of your losses.
What Types of Compensation Are Available in a Phoenix Wrongful Death Case?
While wrongful death cases are similar to personal injury claims, they aren’t exactly the same. Different types of damages can be awarded in wrongful death cases. Most of these damages are based on the survivor’s losses rather than the victim’s.
Common examples of the types of damages you can recover include:
- Medical bills paid by the family
- Loss of financial support
- Loss of the value of household services provided by the decedent
- Pain and suffering your family has experienced while grieving the loss
- Loss of consortium or loss of a spouse’s companionship
- Funeral expenses and burial costs
- Property damage
Punitive damages could be available if the defendant intentionally harmed the victim. Courts can also award punitive damages in cases where the defendant’s acts demonstrated an extremely reckless disregard for human life.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Phoenix?
At Impact Legal Car Accident Attorneys, we work under a contingency fee agreement. When you enter an attorney-client relationship, you agree to pay your lawyer a percentage of the compensation they recover in your case.
Most personal injury firms charge around 33%, although fees can vary depending on complexity and whether your case goes to trial.
Can I Recover Damages if My Loved One is Blamed for Causing Their Own Death in Arizona?
It’s common for responsible parties to deny liability. They often try to point their finger at someone else. Unfortunately, one all-too-tempting target is the victim, who obviously isn’t here to defend themselves.
If you don’t fight back, these games could limit the amount of compensation your family receives. Arizona is a pure comparative negligence state. The victim’s fault is always reflected in the final settlement or verdict.
For example, if the defendant can prove that your loved one was 25% responsible for an accident that caused their death, your compensation is reduced by 25%.
You only have one chance to recover compensation. If someone is trying to pin the blame on your deceased family member, it’s critical to consult an attorney who can disprove the allegations or downplay their importance.
How Do I Establish My Right to Compensation Under Arizona Wrongful Death Laws?
Different elements will be required depending on the legal basis for your claim. In other words, what you must prove depends largely on how your loved one was killed.
The most common legal theory in wrongful death cases is general negligence.
Negligence means:
- The at-fault party had a legal duty of care
- They breached their duty
- The breach directly caused your loved one’s death
- Your family suffered damages due to the loss
For example, negligence would be the legal basis for a wrongful death case if your loved one was killed by a careless driver.
Your case could also be based on strict liability laws, which create a statutory right of action regardless of whether the defendant was careless. Dog bites and defective products are typically governed by strict liability laws.
Of course, your case could also rest on intentional tort theories. In cases involving intentional wrongdoing, you must have enough evidence to show that the defendant “more likely than not” committed the act that killed your loved one.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in Arizona?
If you don’t file your wrongful death lawsuit within a certain window of time, you lose your right to take legal action. In Arizona, the deadline gives you two years from the date of your loved one’s death to file a lawsuit. Waiting longer almost guarantees that you’ll lose your right to pursue compensation.
Contact a Phoenix Wrongful Death Lawyer for a Free Consultation
You’ve been forced to grieve an unimaginable loss. In addition to the pain and trauma, you may struggle without their financial support. Our team at Impact Legal Car Accident Attorneys will do everything we can to make the legal process as simple and painless as possible in Phoenix, AZ. Contact us today for a free consultation with a Phoenix wrongful death lawyer who can advocate for your family.
Visit Our Personal Injury Law Office in Phoenix, AZ
Impact Legal Car Accident Attorneys
16202 N Cave Creek Rd Suite D, Phoenix, AZ 85032, United States
(602)-345-1818
