Phoenix Wrongful Death Lawyer

On This Page

• The Process of a Wrongful Death Lawsuit
• Types of Wrongful Death Lawsuits
• Who Can Be Held Liable?
• Who Can Bring a Lawsuit?
• Statute of Limitations
• Proving Negligence
• Pursuing Compensation
• Do I Need an Attorney?

The Process of a Wrongful Death Lawsuit

Wrongful death is a legal term referring to a death caused by severe negligence or carelessness. In the state of Arizona, wrongful deaths are governed by ARS 12-611, ARS 12-612, and ARS 12-613. These statutes outline when a person can file a lawsuit, who can file, and what damages can be awarded.

Types of Wrongful Death Lawsuits

While wrongful death cases typically involve negligence or carelessness, they may also involve a willful intent to cause harm to the victim. Whether your loved one died as a result of someone's negligence, recklessness, or intentional actions, our firm can help you pursue justice.

Wrongful death lawsuits may be filed for:

1. Medical malpractice
2. Intentional or criminal actions
3. Vehicle crashes
4. Occupational hazards
5. Death during a supervised event

Who Can Be Held Liable For a Wrongful Death?

There are a variety of parties that could be held liable in a wrongful death case. For example, you may file a wrongful death lawsuit against negligent drivers in a car or truck accident that resulted in the death of your loved one. Physicians may also be held liable for the death of patients under their care. If they fail to properly diagnose or treat a medical condition, or act carelessly and cause the death of a patient, they may face a wrongful death lawsuit. Furthermore, intentional actions aimed at inflicting harm to the victim may provide grounds for a wrongful death claim, in addition to criminal charges.

Who Can Bring a Wrongful Death Lawsuit?

Wrongful death can only be brought by specific survivors. Of the relatives of the deceased, a spouse, child, parent or guardian, or legal representative of all of these individuals can bring a wrongful death suit against the responsible party. If none of these individuals apply, the estate of the deceased can bring a wrongful death claim. However, siblings, same-sex partners, common law spouses, and other relatives cannot file a wrongful death claim against the responsible party.

If an individual related to the deceased wishes to file a wrongful death claim, he or she must decide whether the situation is appropriate. A wrongful death suit can only be submitted if the deceased person would not have died during an act and instead could have filed a personal injury suit. This section means the death must have occurred because of a wrongful act, neglect, or default, and if the person had survived, he or she would have filed a personal injury lawsuit on his or her own behalf.

Wrongful Death Statute of Limitations in Arizona

Arizona imposes a 2-year statute of limitations on wrongful death lawsuits. This means you have 2 years from the date of death to pursue compensation.

Proving Negligence in a Wrongful Death Claim

In essence, you must prove the defendant’s negligence or guilt, just as you would in a personal injury lawsuit. Gathering evidence is a vital step in the process. Evidence may include pictures or videos of the incident, witness statements, police reports, and medical records. Our Phoenix wrongful death attorney can conduct a thorough investigation into the accident, and represent your case in court.

Pursuing Compensation in a Wrongful Death Case

Most people who file a wrongful death claim are trying to seek compensation for the losses they suffered by the absence of their loved one. Some claimants were financially dependent on the deceased. Others lost the potential earnings he or she would have provided in the future. In some cases, the family needs to sue to cover the cost of medical, funeral, and burial expenses. Last, families can sue for the value of emotional damage and loss to survivors because of the absence of their loved one.

The court will use the above and other variables to determine an appropriate level of compensation. A judge will then distribute this to the statutory survivors as he or she sees fit.

Do I Need an Phoenix Wrongful Death Attorney?

Whether you are filing a claim against an individual or a company, our firm can help. We provide thorough guidance and aggressive representation to clients wanting to hold negligent or reckless parties responsible for the death of their loved one. Having an experienced legal advocate on your side can help the process go smoothly, as well as make sure all the paperwork is filed correctly.

Pursue a Favorable Outcome with the Help of Rafi Law Group

At Rafi Law Group, we have guided numerous clients to successful legal solutions. If you need representation for a wrongful death lawsuit, we can fight on your behalf. Our Phoenix wrongful death attorney can answer your questions and walk you through the process. We have a thorough knowledge of state and federal laws regarding wrongful death claims, and can provide personal services every step of the way.