Phoenix Wrongful Death Lawyer
Losing a loved one is an extremely painful experience. It can be even more difficult, however, if he or she died because of another person or organization’s negligent behavior. If you lost a loved one in Phoenix and you believe another person is responsible, you may be eligible to file a wrongful death claim. Contact the wrongful death attorneys at Begam Marks & Traulsen, P.A., for more information about wrongful death claims in Phoenix.
Who Can File a Wrongful Death Claim in Arizona?
Wrongful death lawsuits are more complicated than other personal injury cases, as the victim cannot advocate for him or herself. Each state has different laws about who has the right to file a wrongful death claim. Arizona law outlines specific people who can file a claim; they are:
- The deceased’s spouse
- The deceased’s children
- The deceased’s surviving parents or legal guardians
- A personal representative of the deceased’s spouse, child, parent, or guardian
- A personal representative of the deceased person’s estate
If the victim was a child, Arizona courts allow either the parents or legal guardian to file a wrongful death claim.
If you win your wrongful death claim, you may receive compensation for various aspects of the case. Unlike other personal injury cases that focus on making up for the victim’s injuries, wrongful death damages focus on helping loved ones move on without the financial support or companionship of the deceased.
The first set of damages goes to the deceased person’s estate. Medical expenses are a foundational type of damage in any personal injury case. Medical expenses in wrongful death cases include the cost of medical procedures or attempted treatment before the victim died. Compensation often includes funeral and burial expenses.
The court may also award the estate damages for the value of lost wages and benefits that the deceased person would have earned if he or she were still alive, repairs or replacement of property damaged in the incident, and pain and suffering the deceased person experienced before he or she died.
The court awards the second category of wrongful death damages to the family. The courts intend these damages to make up for the emotional loss of a loved one. In these cases, there is no specific amount for the court to use in assigning compensation. The defendant may need to compensate the family for the loss of care, companionship, and guidance the deceased person would have provided if he or she was still alive. Damages could also include pain and suffering that the family experienced because of the wrongful death and the loss of household services.
The family is responsible for deciding how to divide the compensation between each family member. If they are unable to decide how to divide it, the court will decide. The court usually bases the decision on those the death affected the most. For example, the court would most likely award the spouse or children of the deceased more in damages than other family members because the impact of the death would affect them more than other family members.
Additionally, whoever pursues a claim can only receive compensation for the factors that affect him or her. For example, if the representative of the estate filed the claim, he or she cannot receive the emotional damages focused on making up for lost companionship or love.
Phoenix Wrongful Death Attorney
If you lost a loved one because of an unfair cause, speak with us today. The attorneys at Begam Marks & Traulsen, P.A., have more than 60 years of experience helping Phoenix residents recover from tragic incidents. We put our client’s needs first and provide compassionate guidance and advice. Contact Begam Marks & Traulsen, P.A., for dedicated and experienced representation in your Phoenix wrongful death claim.