Have you lost a loved one due to someone else’s negligence in Phoenix, Arizona? The attorneys at AJ Law, PLC understand how devastating this loss can be and are here to help.
Our Phoenix wrongful death lawyers guide you through your legal options and help you pursue compensation for your losses. Call (602) 237-5277 today to schedule a free consultation.
Our attorneys bring over 20 years of combined experience and have recovered more than $50 million in settlements and verdicts. While no legal action can replace your loss, our team is here to help you seek justice and financial support for your family.
Reach out to us today to get started.
Why Choose AJ Law, PLC for Help With a Wrongful Death Claim in Phoenix, AZ?
Losing a loved one is one of the most difficult experiences a family can face. When that loss was caused by someone else’s actions, the situation can feel even more overwhelming. During this time, families are often left dealing with both emotional pain and financial uncertainty.
In many Phoenix, AZ, wrongful death cases, recovering compensation is not simple. That’s where AJ Law, PLC can step in to help. Our experienced Phoenix wrongful death lawyers can help you better understand your rights and options.
Our firm has recovered more than $50 million for clients and has been recognized by respected organizations, including:
- The Multi-Million Dollar Advocates’ Forum
- The National Trial Lawyers
- Super Lawyers
Now, our Phoenix personal injury attorneys are here to protect your family’s interests. All you have to do is contact us today to get started with a free consultation.
Overview of the Laws on Wrongful Death in Arizona
Understanding the basics of Arizona’s wrongful death laws is important if you’re considering taking legal action.
In legal terms, a wrongful death is a death caused by another party’s wrongful act, neglect, or failure to act. Wrongful death cases can be based on careless, reckless or intentional actions.
Under Arizona law, a family is entitled to pursue compensation for wrongful death when:
- A death is “caused by wrongful act, neglect, or default” of another, and
- The victim would have been able to file a personal injury lawsuit had they survived
Wrongful death lawsuits are civil matters. You can file a lawsuit for damages regardless of whether the defendant committed any type of crime. Most wrongful death claims are based on accidents.
Even if criminal proceedings are ongoing, a wrongful death claim is completely separate. The state is concerned with punishing criminal acts and protecting society as a whole. A wrongful death attorney focuses on helping your family recover financial compensation.
What Should I Know About the Process for Filing a Wrongful Death Claim in Arizona?
In Arizona, a wrongful death claim may be brought by the surviving spouse, child, parent or guardian, or by the personal representative on behalf of the statutory beneficiaries.
Those include:
- A surviving spouse
- The victim’s children
- The victim’s parents or guardians
When a case is successful, the compensation is distributed to the victim’s surviving family and heirs.
Wrongful death cases are very similar to personal injury cases. The key difference, of course, is that the injury was fatal. Still, most wrongful death cases begin in the same manner as personal injury cases, by negotiating with an insurance company.
It can be really difficult to know where to start after losing someone you love. Your lawyer can help at every turn. We’ll begin by listening to your story and identifying parties who may be legally responsible for your loss. While you’re grieving, you can count on us to handle any legal issues that arise.
How Much Is My Family’s Phoenix Wrongful Death Case Worth?
The initial answer to this question is unsatisfying. Your case value depends entirely on the facts. Once our attorneys evaluate several key factors, we can give you a better idea about how much you deserve.
Those important factors include:
- Your loved one’s age at the time of death
- Medical expenses and other costs incurred due to the fatal injury
- The circumstances of their death
- The nature of the at-fault party’s actions
- The victim’s earning capacity and prior work history
- Non-financial contributions to the household
- The ages and identities of the surviving family
- Whether shared fault is an issue
Attempting to assess the value of a human life can be incredibly uncomfortable. It is, however, what the legal process is designed to do. The damages you recover can make a huge difference in terms of easing your family’s burdens.
You deserve the full justice the law has to offer. Insurance adjusters may seem sympathetic. Their goal isn’t to help you get justice. Their goal is to protect the insurance company’s bottom line.
Hiring an experienced Phoenix wrongful death attorney is the best way to protect yourself. To learn more about your family’s options, call AJ Law, PLC for a free case review today.
What Types of Damages Are Available in a Phoenix Wrongful Death Case?
Damages in wrongful death cases may include:
- Loss of your loved one’s financial support
- Medical expenses incurred due to the fatal injury
- Loss of the reasonable value of the victim’s non-financial contributions to the family
- Loss of consortium, or loss of a spouse’s company and support
- Funeral expenses
- Property damage
- Your family’s pain, suffering, and grief
In other words, both economic damages and non-economic damages are available.
Punitive damages are less common and may be available in cases involving especially reckless or intentional conduct.
Can I Recover Any Damages if My Loved One Is Being Blamed for Their Fatal Accident in Arizona?
Defendants often argue that victims were responsible for causing their own fatal accident.
Arizona follows a pure comparative fault system. This means that each party is responsible for their share of fault. Even if your loved one shared some blame, your family can recover partial compensation. The otherwise-available amount is reduced by your loved one’s percentage of fault.
Our attorneys are ready for unfair blame-the-victim allegations. We have the skills to minimize the impact of Arizona’s shared fault laws and preserve your family’s compensation award.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Arizona?
Finances are often a major concern for grieving families. You don’t have to worry about covering upfront legal costs.
Our law firm operates entirely on a contingency fee basis. When we take cases, we don’t charge an initial fee. Instead, our clients agree to allow us to deduct a fixed percentage of their compensation award.
You only pay attorneys’ fees once your attorney earns them by recovering compensation for your family.
What Are Common Causes of Wrongful Death in Phoenix?
While virtually any type of accident can prove fatal, some of the most common causes of wrongful deaths include:
- Car accidents
- Dangerous property conditions and premises liability accidents
- Accidents involving large semi-trucks
- Slip and fall accidents
- Motorcycle accidents
- Accidents involving pedestrians and bicycles
- Bus accidents
- Uber or Lyft accidents
- Swimming pool accidents
- Construction and workplace accidents
- Falls from heights
- Defective products
- Medical malpractice
- Firearm violence
Regardless of the situation, our attorneys can help. We have decades of experience handling virtually any type of claim. Contact us today to learn more about how we can advocate for the full compensation you deserve.
What Do I Have to Prove to Recover Compensation After a Wrongful Death in Arizona?
The same legal theories that apply in personal injury cases apply in wrongful death cases. While a variety of legal theories may be relevant, the most common is negligence.
To recover compensation based on negligence, you must prove:
- The defendant had a legal duty of care
- They breached their duty because they failed to use a reasonable amount of caution
- That breach of duty caused the fatal accident
- Your family sustained damages
The standard of proof is a “preponderance of the evidence”. This is a lower standard than the “beyond a reasonable doubt” standard that applies in criminal cases.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Arizona?
Arizona law gives grieving families two years to file a lawsuit. After the two-year period is over, you may lose your right to recover compensation. The two-year clock starts running on the date of your loved one’s death.
Very few exceptions are available. It’s important to consult a lawyer sooner rather than later to protect your right to seek compensation.
Contact Our Phoenix Wrongful Death Lawyers Today for a Free Consultation
Nothing can really replace your loved one. If their death was preventable, filing a wrongful death lawsuit can help you hold the at-fault party accountable. Call AJ Law, PLC to learn how an experienced Phoenix wrongful death attorney can help you pursue full and fair compensation.
Contact us today to schedule a free consultation.
