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. Just as the law holds negligent parties accountable for serious injury they cause to another person, it also holds them accountable for causing an accidental death.
If you lost a loved one and you believe another person is responsible, you may be eligible to file a wrongful death claim. Contact the Phoenix wrongful death attorneys at Begam Marks & Traulsen, P.A., for more information about wrongful death claims in Arizona.
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. The surviving relative also must initiate the suit within a certain period, legally known as the statute of limitations. In Arizona, the statute of limitations for wrongful death is two years from the date of death. Although two years may seem like a long window, people who are coping with the grief of losing a loved one are often overwhelmed. It is important, therefore, to have an experienced, compassionate Phoenix wrongful death attorney guiding you through the process.
Potential Damages for Arizona Wrongful Death Claims
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.
Types of Wrongful Death Cases We Accept
While we can never fully make up for the loss of your loved ones, our Phoenix personal injury lawyers can help you and your family in seeking full financial compensation from all those responsible for your loved one’s death. We accept wrongful death cases arising from the following:
- All types of motor vehicle accidents
- Drunk driver accidents
- Semi-truck and commercial trucking accidents
- Pedestrian accidents
- Defective product accidents
- Dangerous premises accidents
- Slip and fall accidents
- Dangerous highway accidents
- Boating and waterfront accidents
- Train and railroad accidents
- Railroad workplace accidents
- Aviation accidents
- All types of medical malpractice
- Nursing home abuse or neglect
- Birth injuries
- Construction accidents
- Burn accidents, including fires and explosions.
Phoenix Wrongful Death Attorney
If you lost a loved one because of an unfair cause in Arizona, speak with our Phoenix personal injury lawyers today. We understand that before retaining a law firm, you will want to meet the lawyers and understand the diligence, dedication, and effort that they will put in for your case, and also learn about their experience and success in injury and wrongful death matters.
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. As we accept injury and wrongful death cases on a contingency basis, there is no fee for us unless we are successful in obtaining compensation for you. Contact our lawyers at Begam Marks & Traulsen, P.A., for dedicated and experienced representation in your Phoenix wrongful death claim.