Mesa Wrongful Death Lawyer

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.

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:

1. 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.
2. The duty of care was breached. It must be established that the defendant did not uphold their obligation under the duty of care requirement.
3. 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.
4. 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.

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.