Phoenix Wrongful Death Lawyer

When a loved one dies due to circumstances that could have been prevented, you may have many questions. A Phoenix wrongful death lawyer could help you find answers.

If the recklessness, negligence, or deliberate wrongdoing of another led to a family member’s untimely death, you may be entitled to receive compensation to help meet future needs. A personal injury lawyer who understands wrongful death cases could evaluate your situation and explain the options available to help you move forward after your loss.

Wrongful Death Statute

State law provides for filing of wrongful death claims under Arizona Revised Statute §12-611 when a death “is caused by wrongful act, neglect or default.” The incident leading to the death must arise from a situation that would have given the deceased person the right to file a personal injury lawsuit seeking damages if death had not ensued.

The wrongful death laws effectively extend the ability to seek compensation so that it continues after death. A Phoenix wrongful death lawyer could investigate to determine whether a death was due to the neglect, default, or wrongful actions of another who may be held liable.

Who May File a Wrongful Death Claim

Unlike some jurisdictions where a wrongful death action must be filed by an executor or personal representative, state law specifies that a wrongful death suit may be filed by a:

  • Surviving husband or wife
  • Surviving child
  • Surviving parent or guardian
  • Personal representative

When a husband, wife, child, or parent survives, the compensation recovered through a wrongful death claim will be distributed among them “in proportion to their damages.” In many situations, the family members are given the opportunity to determine how to divide a damage award, but if they are unable to reach an agreement, the court will apportion damages.

Types of Damages Awarded in a Wrongful Death Claim

Compensation awarded in a wrongful death claim may be intended to offset numerous different effects. Money may be provided to pay medical bills and burial expenses of the deceased. Funds may also provide compensation for pain suffered by the deceased person before death.

In addition, damages may also compensate family members for their own personal loss after the death of their loved one. A wrongful death lawyer in Phoenix could help recover funds to make up for the loss of financial support, household services, companionship, and guidance.

Work with an Experienced Phoenix Wrongful Death Attorney

A death in the family can result in hardship, anguish, and discord among those left behind. An experienced Phoenix wrongful death lawyer understands how this emotionally-charged atmosphere can complicate a legal claim.

The best opportunity to investigate and uncover evidence to determine precisely what happened and who may be held liable is soon after the incident leading to death. Evidence becomes more difficult to locate and less reliable as time passes. A dedicated wrongful death lawyer could work promptly to help a grieving family obtain a fair recovery and move forward. For a free consultation and to learn more, call now.

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