Are you struggling with the sudden death of a family member after an accident in Phoenix, Arizona? If so, now’s the time to call Rack Law Accident Lawyers at (602) 661-6300 for a free consultation. You may be entitled to compensation, and our Phoenix wrongful death lawyers can help you fight to recover damages.
We bring award-winning legal representation to injury victims and grieving families in the wake of tragic accidents. Our team of top-rated litigators with 40+ years of collective experience takes on powerful corporations and demands justice for our devastated clients. The result: over $200 million in settlements and jury awards.
Learn how our legal team can help your family pursue justice and financial accountability.
Why Choose Rack Law Accident Lawyers for Help With a Wrongful Death Claim in Phoenix, AZ?
Families in Phoenix, AZ turn to Rack Law Accident Lawyers because we’re honest, aggressive trial lawyers with a proven ability to win tough cases.
Hiring our wrongful death lawyers does more than level the playing field against insurance companies and other powerful adversaries. It gives you the upper hand and sets the stage for the best possible outcome in your wrongful death case.
Our team knows the strategies the insurance company will deploy to stand between you and a rightful financial award, and we can use that knowledge and insight to your advantage and force better case results.
Choosing our personal injury attorneys in Phoenix to represent you means working with a team that’s invested in taking care of its neighbors and holding corporations accountable when things go wrong. We offer a free consultation, so don’t hesitate to reach out to our compassionate legal team for help now.
What Is Wrongful Death in Arizona?
Wrongful death is an area of personal injury law that provides the opportunity to sue for damages when a person’s death can be attributed to another’s “wrongful act, neglect, or default.”
Pursuant to section 12-611 of Arizona’s Wrongful Death Act, a wrongful death claim may be made as long as the decedent would have been able to file a personal injury lawsuit for damages if they’d survived their fatal wounds.
Wrongful death cases help to ensure that a wrongdoer can be held accountable for their mistakes or harmful actions, while also providing surviving family members with financial support they might need due to the sudden and unexpected death of a loved one.
We Represent Families in All Types of Wrongful Death Cases in Phoenix
At Rack Law Accident Lawyers, we proudly represent families who’ve suffered the sudden and avoidable death of a family member because of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Scooter accidents
- Uber accidents
- Bus accidents
- Train accidents
- Boating accidents
- Aviation accidents
- Slip and fall accidents
- Dog bites
- Negligent security
- Matters of premises liability
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Birth injuries
- Workplace accidents
- Construction accidents
- Assault
- Sexual assault
If you suspect that your loved one’s recent death could have been avoided, don’t hesitate to contact our Phoenix wrongful death attorneys to discuss your situation. We’re here to listen to your side of the story, help you weigh your legal options, and offer insight into the best way to advocate for justice.
If you decide to take action, our top-rated legal team can take charge of your legal claim, giving you time to focus on grieving your loss and moving forward with your life.
Who Can File a Wrongful Death Lawsuit in Arizona?
Only a few parties will have standing to file a wrongful death lawsuit in Phoenix, Arizona. Section 12-612 of the ARS explains that “an action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent, or guardian.” Generally speaking, wrongful death claims are brought by the spouse, child, and/or parent of the victim.
If none of these parties file a lawsuit, or if none of these parties survive the decedent, the right to file a wrongful death claim belongs to the personal representative of the victim’s estate. The personal representative is explicitly named in the decedent’s will or appointed by a judge.
When a wrongful death claim is filed by the estate, damages are awarded to the estate and distributed in accordance with the decedent’s will or, in the absence of a will, in compliance with Arizona intestacy law.
What Types of Damages Can Be Awarded in a Phoenix Wrongful Death Case?
The plaintiff in an Arizona wrongful death lawsuit can potentially recover economic damages and non-economic damages for:
- Lost future financial support, such as income, wages, bonuses, retirement benefits, and business interests
- Funeral and burial expenses
- Medical bills incurred before the victim’s death
- The reasonable value of household and family services provided by the decedent
- Loss of companionship
- Loss of love, protection, care, and guidance
- Loss of affection
- Grief
- Loss of parental guidance
- Loss of consortium
These damages are intended to compensate the decedent’s surviving family members for the costs and anguish they’ve experienced because of their loved one’s death. Additional damages may be recovered for the decedent’s financial losses and suffering in a related survival action.
Punitive damages may also be available in certain wrongful death cases. Unlike compensatory damages, they are intended to punish a defendant who acted with an “evil mind,” such as by intending to cause harm or consciously disregarding a substantial risk of significant harm to others.
Survival actions are only appropriate when the decedent survives their fatal injuries for a period of time after they’re inflicted. In these situations, the survival action can be pursued by the estate.
What if My Loved One Was Partially Responsible for the Accident?
Arizona’s pure comparative negligence rule applies to most personal injury cases, including those related to wrongful death. Under the law, damages can be reduced proportionately to a decedent’s shared fault. The greater the decedent’s liability, the more it’ll adversely affect a related claim for damages.
For example, let’s say your spouse was killed in a Phoenix car accident. Your wrongful death claim is valued at $500,000. However, your spouse is assigned 10 percent of the blame for the fatal crash. As a result, the damages awarded in your wrongful death claim can be reduced by 10 percent, leaving you with a maximum recovery of $450,000.
Your family member isn’t here to tell their side of the story. They’re not here to defend themselves when the insurance company and defense attorney point fingers and cast blame their way. It’s important to be prepared for these tactics and to fight back aggressively to stop them from affecting your family’s ability to recover compensation for such a tragic loss.
What Does It Cost To Pursue a Wrongful Death Lawsuit in Phoenix?
Hiring Rack Law Accident Lawyers to pursue a wrongful death claim costs you nothing out of pocket. Our Phoenix wrongful death attorneys work on a contingency fee basis, which means we cover all upfront litigation costs.
You won’t pay any attorneys’ fees unless we successfully recover compensation for you. If we don’t win your case, you owe us no attorney fees—period. If we secure compensation through a settlement or jury verdict, our fees and case expenses are paid from that recovery.
What Is the Statute of Limitations for Wrongful Death Cases in Arizona?
You’ll generally have two years to file a wrongful death lawsuit after the unexpected loss of a family member in Phoenix, Arizona. The two-year statute of limitations begins to run on the date of their passing, which may or may not align with the date that they’re fatally wounded.
However, there are exceptions. If the wrongful death claim involves a government entity, you generally must serve a Notice of Claim within 180 days after the cause of action accrues. Certain cases arising from dog bites may also be subject to a shorter one-year deadline.
You must file your family’s wrongful death lawsuit before the applicable filing deadline. Once time expires, you’ll lose the ability to demand compensation from a liable party or their insurance company.
Schedule a Free Consultation With an Experienced Phoenix Wrongful Death Lawyer
You don’t have to struggle with the unexpected death of a family member on your own in Phoenix, AZ. Rack Law Accident Lawyers can provide the level of support and guidance you need to get through this difficult time and secure financial justice for your loss.
Our Phoenix wrongful death attorneys are passionate, aggressive legal advocates with a multi-million dollar track record of success. We want you to take this opportunity to grieve. We’ll handle the rest. Contact our law office to discuss the details of your wrongful death case now.
We’re standing by to help 24 hours a day, 7 days a week.
