Losing a loved one unexpectedly can be devasting for family members and dependents. When that fatality was the result of negligence from another person or as a result of a product malfunction, it can leave families wondering how to move forward with their lives. While filing a lawsuit may not be a priority for grieving families, in Arizona there are laws that enable family members to pursue a course of action to hold negligent parties responsible for their actions.
To speak to a trusted personal injury attorney today and learn more about your options, call a Mesa wrongful death lawyer for a free consultation. You can also complete the “Free Case Evaluation” form on this page and a representative from our legal team will be in contact with your shortly. The initial consultation is free, there are no upfront fees if you hire us and we only get paid when we obtain a recovery on your behalf.
Who Can File A Wrongful Death Lawsuit?
In Arizona, there are a number of people that may be eligible to file a wrongful death lawsuit, with those individuals being referred to as “distributees”. These may include:
- The living spouse of the deceased
- The living children of the deceased
- The living parent of the deceased
- A living guardian of the deceased
- The representative of the estate of the deceased
Should the deceased be a child, the parents or legal guardian may be eligible to file a wrongful death lawsuit. A Mesa wrongful death attorney can provide more information on eligibility.
What Types of Cases May Be Eligible?
There can be many different causes to an incident that results in a fatality. Some of these may include:
- Automotive accidents: from texting and driving to driving under the influence, a fatality resulting from negligence behind the wheel can have catastrophic consequences.
- Work related incidents: while a work-related fatality can happen in almost any working environment, high risk occupations including construction, manual labor and working with industrial machinery can be very dangerous. In the event that an employer does not maintain safety standards or does not conform to approved safety regulations, workers may be exposed to potentially fatal working environments.
- Medical malpractice: when a doctor or medical service provider fails in their duty of care, devastating injuries may occur. In the event of a medical mistake causing the death of a patient, the family may be eligible to file a wrongful death lawsuit.
If you have lost a family member due to the actions of another person, holding negligent parties accountable for their actions can be an important part of the grieving process. At Phillips Law Group, our Mesa wrongful death attorneys can help to review the details of the incident and provide advice regarding a wrongful death lawsuit.
Can Financial Compensation Be Recovered?
When pursuing a wrongful death lawsuit in Arizona, damages are expressed in the form of financial or monetary loss. Commonly, there are two categories that damages are divided into:
Direct Losses
Costs associated with the funeral of the deceased, burial costs, medical bills, property damage and lost wages may be included in the calculation of damages for this category.
Emotional Losses
These losses can be less-tangible compared to the hard-costs associated with the physical loss of a loved one. Some examples may include loss of companionship, pain and suffering for the family, alimony and loss of household income.
These losses may fall under the “Survival Laws” in Arizona, which permit the estate of the deceased to be awarded damages that may not have been recoverable had the victim not passed away.
As detailed in A.R.S. § 12-613, any amounts that are recovered cannot be used to settle any debts or liabilities that the deceased may hay accumulated unless the lawsuit is filed on behalf of the relatives of the estate.
It’s also important to note that recoveries obtained in a wrongful death lawsuit are generally non-taxable. Learn more about tax liabilities for compensation recoveries at the “here” at the IRS website.
Verdicts And Settlements
$ 4,500,000
Wrongful Death -Motorcycle Accident
$ 4,000,000
Wrongful Death -Defective Tire
$ 3,400,000
Wrongful Death -Motorcycle Accident
$ 3,100,000
Wrongful Death -Motor Vehicle Accident
$ 1,855,000
Wrongful Death -Semi truck rear-ended a car on side of the road
$ 1,700,000
Wrongful Death
$ 1,500,000
Wrongful Death -Wrongful Death
$ 1,400,000
Wrongful Death -Mining Accident
$ 400,000
Wrongful Death -Semi Truck Accident due to bad brakes
$ 350,000
Wrongful Death -Police Shooting by City of Phoenix Police
Is There A Time Limit to File A Wrongful Death Lawsuit In Arizona?
In Arizona, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the victim’s death. However, in unique cases, this deadline may be brought forward or extended.
If you believe that you have a case, we recommend contacting a licensed Mesa attorney to review the details of your wrongful death claim to determine if there are sufficient grounds to pursue a damages lawsuit.
Can Hiring A Wrongful Death Lawyer Help?
Personal injury cases that are handled by a lawyer result in greater financial recoveries compared to those that are not handled by a lawyer.
The litigation process for wrongful death lawsuits can be complex and often requires a great amount of work to establish that the accused was negligent in their actions and that negligence resulted in the death of the victim.
To prove negligence, it must be established that:
- There was a duty of care. This means that the negligent party had a responsibility to act in a manner that would prevent causing an injury to themselves or other people. In practice, this usually means that the defendant should not act in a careless manner.
- The duty of care was breached. It must be established that the defendant did not uphold their obligation under the duty of care requirement.
- There is a link between that negligence and the injury the victim received. It must be proven that the victim would not have been fatally injured had the defendant not been negligent.
- There are damages associated with the injury. It must be proven that the damages sustained are the direct result of the actions of the defendant.
Grieving families often do not have the time or resources to fully investigate a claim and then build a solid argument for damages being sought in a lawsuit. Insurance companies will also often be involved in proceedings, looking to protect their interests by trying to discredit any claims being made against the defendant – their client.
What Our Clients Are Saying
Morgan W.
I felt they were more my friends than my personal injury lawyer and that isn't something you're taught it's something you have inside. If I ever needed a lawyer again Phillips Law Group Injury Lawyers would be my only choice. I can't recommend them enough. They are professional on every level and compassionate throughout. Thank you for everything.
Blanca D.
When in pain because of an accident all you want to do is focus on getting better and that is what did thanks to this firm. My family and I were set up with a Dr and Chiro right away. The treatment we received was great. I am extremely thankful for all the help we received and the outcome on the cases. Thanks to everyone involved on my case. A special thanks the intake specialist Rosalba who was very kind on the phone when I first called. I highly recommend this firm to anyone, they treat you like family.
Erika A.
I am so thankful for Ruthann and Maria. They both were amazing throughout the process. When Maria took over my case, I felt like I was being treated with empathy about my pain and experiences while treating. She also made sure to answer my questions. Maria always responded to my communication attempts and answered questions I had as they came up. She helped me with things I needed in regards to my case and helped ease the anxiety as bills piled up and my injuries were still being treated. I was able to contact her as I was treating and she helped find providers closer to my home to make it more accommodating for me. This helped me juggle work...
Santana D.
Ruby, Jennifer, Angela did me great over at this law firm. I will recommend them to anybody that has been in an injury in Phoenix Arizona they are awesome 😎. Got paid 6 months after my accident. Then out of the blue a couple years later they still contract me with another check $$$$$🤑😎🤑. Thank you....
Yunior R.
Philips Law Group offers outstanding customer service and a profound knowledge of personal injury law. Right from the initial call through to your office visit, they ensure you feel well-supported. A special mention goes to Ilse, the client experience coordinator. Her expertise in insurance policies is remarkable, and she articulately explains them in both Spanish and English. She skillfully navigates you through the process with empathy and understanding. A heartfelt thanks for the exceptional experience!
Art R.
Phillips was able to get me a good settlement after the first law group I called completely failed. Highly recommend you give them a call after your personal injury.
Rebecca M.
Philips was an awesome choice got me into the doctors offices for visits quickly and efficiently. I also want to give a big shout out to Michael the negotiator for Philips he went above and beyond to help my case get to the finish line! Also want to thank Jason and the friendly front staff.
Vallery A
Throughout the most stressful time Carmen and Donato managed to get me to the correct doctors and get the correct care I needed to make the whole process smooth and less stressful. They always answered any question or concern with professionalism and courtesy. They always valued my time as I valued theirs. Definitely recommend this great firm!
Martin K.
I'm sincerely grateful to my noble Phillips Law firm legal experts for their integrity n intelligent work for making my accident to not go free in my paint injuries. God richly bless them, for bring settlement big cash to me.
Latosha E.
What can I say about Phillips Law group. I was involved in a major car accident and sustained injuries. I looked up for Law Firms in Arizona and stumbled across Phillips Law Group. I decided to give them a call about my accident, and they were very respectful and took in my case immediately. They assigned me Tim LeDuc to represent me. From the beginning, he was very responsive and made sure to give me the proper care I deserved from this accident. Him and his team fought tooth and nail to give me the best settlement I deserved. I am so thankful, and I highly recommend Phillips Law Group to represent anyone who has been in any accident and...
Emily N.
My case closed yesterday and I RAN to make this review because of how exceptional my experience has been with Phillips Law Group! I received the best settlement I could've hoped for and am extremely happy with the outcome; but I especially wanted to shout out and give praise to Julianna, the Litigation Paralegal on my case. From the moment Julianna was assigned to my case almost two years ago, until the completion of the settlement process yesterday, Julianna's commitment to exceptional customer service, clear communication, and unwavering support truly stood out. I had so many questions -- from the legal process, to where to seek medical treatment, to questions about medical bills, to the negotiation process, and more --...
Ari
I am very impressed by how much care and effort this group puts into helping the homeless. That’s not something you see enough, especially in this time of increasing need for community. It’s important to me to work with companies that align with my views, and I would definitely go to Phillips for any future personal injury lawyer needs.
Rich S.
Just would like to share my experience with Phillips And Associates. Ever since my accident in the first of the year, it was a life changing event for me and I finally decided to go with a personal injury attorney. I contacted Phillips And Associates and they made me feel like I was an actual person instead of a lot of other firms try to go with me like a number, Phillips And Associates has reached out to me in a kind, courteous and caring way they fully understand on the circumstances of the accident So far, Phillips And Associates has been absolutely wonderful. I truly recommend going with Phillips And Associates. Thanks (RuthAnn), your the Best!!! And Thank you...
Our Mesa wrongful death attorneys handle cases against insurance companies on a regular basis and can protect our clients by handling any inquiries that insurers may have about the incident. We understand the tactics that insurance companies use against victims and can build a case in preparation of those tactics.
Contact A Wrongful Death Lawyer in Mesa Today
Following the death of a loved one, knowing that your best interests are being protected can be an important part of the healing process for many families. Reach out to a compassionate Mesa wrongful death lawyer from our team to learn more about your options for recovery.