ARIZONA WRONGFUL DEATH CLAIMS

Wrongful Death Attorney Phoenix, AZ

When a family member is killed as the result of another person’s negligence, it may be appropriate to consider hiring a wrongful death attorney Phoenix, AZ recommends to investigate the case.

Was there negligence, could the tragedy have been prevented?  What are the losses and damages to the decedent’s survivors?

The attorney should have the necessary experience, resources, and commitment to completely represent the interests of the survivors and deal with the other party’s insurance company.  Litigation may be necessary to obtain the best possible result.

In Arizona, the general rule is that a wrongful death claim may be brought by a surviving spouse, child, or parent of the decedent, on behalf of the spouse or children, or parents of the decedent.

Under A.R.S. § 12-613, the amount of damages that a surviving spouse, parent or child may recover will vary from case to case.

Damages that are considered may include the following:

  • The loss of love, affection, and companionship since the death of the decedent and in the future.
  • Pain, grief, sorrow, and mental suffering experienced since the death, and in the future.
  • Lost income as a result of the death.

Examples of cases that I have handled include the following:  A Tempe bar on Mill Avenue overserved a customer, who crashed his motorcycle, a passenger was killed.  I represented the decedent’s mother in a wrongful death lawsuit against the drunk driver and the bar, a jury determined that the bar and drunk driver were at fault.

In another case, a college baseball team van overturned, following a blowout, a passenger was ejected and killed.  A wrongful death lawsuit was litigated against the various parties, for improper maintenance of the vehicle and the manufacturer.

Another wrongful death case involved a motorcyclist who proceeded northbound on Tatum and Lincoln Drive, in Paradise Valley.  A driver proceeded southbound and made a left turn, a fatal collision occurred.  I represented the children of the decedent in their claims against the other driver’s insurance carrier.

Wrongful death cases are usually resolved through a settlement with the adverse party’s insurance company or by a jury trial.  When a government entity or employee may be responsible for the wrongful death, then there are Notice of Claim requirements that need to be properly satisfied.  For example, under A.RS. § 12-821.01, there are time limits within which a claim shall be filed against a public entity, the claim must contain sufficient facts outlining the basis of the claim.  The claim must also contain a specific amount that it may be settled for, the representation by an attorney is important.

You should ask if the attorney is Certified as a Specialist in Personal Injury or Wrongful Death, by the State of Arizona.  Has the attorney been recognized by Super Lawyers, Best Lawyers of American, Million Dollar Advocates?  

There should be a free confidential consultation.  There should be no fees or costs charged unless there is a settlement. Call Paul Englander, PLC today.