Are you grieving the sudden and unexpected death of a family member because of a recent accident in Mesa, Arizona? Contact AJ Law, PLC at (602) 671-2363 today for a free case review. You may have the right to recover compensation for lost financial support and suffering. Working with our experienced Mesa wrongful death lawyers can help you maximize your recovery.
Our team includes award-winning Arizona trial attorneys who bring years of combined experience handling complex, high-value personal injury claims. Standing up on behalf of catastrophically injured clients and grieving families, we’ve successfully recovered millions in monetary awards.
We can help you make the most of your wrongful death case, too. Contact our law office to learn more. Your first consultation is free.
Why Choose AJ Law, PLC for Help With a Wrongful Death Case in Mesa, AZ
AJ Law, PLC is the team of passionate, aggressive litigators the insurance company does not want to see on the other side of a wrongful death case. When families in Mesa, AZ, turn to us for help in the wake of a devastating fatal accident, we take time to listen to their stories, answer their questions, and offer the support and strength they need when everything seems wrong.
We’re recognized as leaders in civil litigation, with some of our attorneys receiving acknowledgments including:
- Super Lawyers
- The National Trial Lawyers Top 100
- Members of the Multi-Million Dollar Advocates Forum
When the insurance company pushes for a quick, lowball settlement, we push back harder to ensure that the families are properly compensated to the full extent of the law. If negotiations stall, our top-rated Arizona litigators are always prepared to take matters to trial.
Contact our Mesa personal injury attorneys to discuss the details of your wrongful death case today.
Understanding Wrongful Death in Arizona
If you were to get hurt in an accident in Mesa, AZ, because of someone else’s actions, you’d have the right to pursue compensation from them (or their insurance company) in a personal injury claim. The right to demand financial accountability doesn’t disappear when an accident in Mesa is fatal. Instead, it becomes a wrongful death case.
What’s wrongful death? Arizona Revised Statutes Section 12-611 defines it as the “death of a person…caused by wrongful act, neglect or default,” of another.
Wrongful death cases often arise when someone’s death is caused by a/an:
- Car accident
- Truck accident
- Motorcycle accident
- Bicycle accident
- Pedestrian accident
- E-scooter accident
- Bus accident
- Train accident
- RV accident
- Slip and fall accident
- Dog bite
- Assault
- Defective product
- Criminal act of violence
Since the decedent can’t bring a claim, the right to do so shifts to someone else. According to A.R.S. § 12-612, a claim can be filed “by and in the name of the surviving husband or wife, child, parent or guardian” or by the decedent’s estate on behalf of one or more of those surviving beneficiaries.
If no close family members survive the decedent, the estate can file a claim, and any damages awarded would be distributed pursuant to Arizona intestacy law.
What Is My Family’s Wrongful Death Claim Worth?
It really depends. Several factors can be relevant when calculating how much money you should reasonably expect to recover when your wrongful death claim settles or goes to trial.
- What were the decedent’s income and earning capacity before their death?
- Did the decedent have any business interests?
- What role did the decedent play in supporting a household or raising a family?
- What’s the nature of the relationship between the decedent and the surviving spouse, child, and/or parents?
- Did the decedent survive their injuries before ultimately passing away?
- Is the decedent being blamed for the accident that caused their death?
- What insurance coverage is available, and what are the policies’ limits?
The more you relied on your loved one for financial aid and household services, and the closer you were, the more money you might be able to recover with a wrongful death lawsuit. The insurance company will fight your claim any way it can by disputing damages, downplaying relationships, and working to minimize the decedent’s contributions to their families. Our wrongful death attorneys in Mesa will push back against these tactics, working with experts to build strong evidence of your actual costs, projected losses, and the strength of the bond you and your loved one shared.
What Damages Can Be Awarded in a Mesa Wrongful Death Case?
In Arizona, a family can recover compensation that’s deemed “fair and just with reference to the injury resulting from the death.” The jury should also consider “the mitigating or aggravating circumstances attending the wrongful act, neglect or default.”
Ultimately, this provides an opportunity to recover compensatory damages for economic losses and harder-to-value non-economic losses, including:
- Lost financial support from wages, business interests, retirement benefits, and other income
- The value of household support and services the decedent would have continued to provide if they’d survived
- Medical bills incurred before the decedent passed away
- Funeral bills and burial/cremation expenses
- Loss of consortium
- Loss of companionship, caring, comfort, support, and guidance
- Pain and suffering
- Grief
Punitive damages can also be awarded in limited wrongful death cases that go to trial. In Arizona, the standard for awarding punitive damages is by clear and convincing evidence that the defendant acted with an evil mind. This generally requires compelling proof that a person’s death was motivated by spite, the result of outrageous conduct, or intentional.
Can Shared Fault Affect My Arizona Wrongful Death Settlement?
It can. Arizona’s pure comparative negligence rule applies to wrongful death cases. However, rather than taking the plaintiff’s shared fault into account, the decedent’s negligence is the focus.
Under the law, damages in a wrongful death case can be reduced proportionately to the degree to which the decedent shared responsibility for their fatal injuries. The more the decedent played a part in causing their fatal accident, the more it’ll hurt their family’s ability to recover compensation for the loss.
For example, if your spouse was killed in a fatal car accident in Mesa and assigned 20 percent of the blame for the deadly wreck, the damages in a related wrongful death claim could be reduced by 20 percent.
The insurance company won’t hesitate before trying to blame your family member for having a hand in their fatal accident. AJ Law, PLC won’t let these tactics go unanswered. Our Mesa wrongful death attorneys will stand up and defend your family member, working hard to preserve valuable evidence that proves the defendant, not the victim, is to blame. Even if fault is shared, we can work to downplay the contribution and maximize your recovery.
What Does It Cost To Pursue a Wrongful Death Lawsuit?
Working with our personal injury attorneys in Mesa means it costs nothing up front or out of your own pocket to pursue a wrongful death claim. We know times are tough and costs are high, which is why we handle claims on a contingency fee basis. We front the costs of litigation and don’t take a fee at the start. We only get paid when you do.
When we win compensation for your wrongful death case, we’re reimbursed for costs invested in your case and paid a percentage of your recovery. If we don’t win, you pay nothing. This arrangement takes the financial stress of litigation off of your shoulders and offers a risk-free way to work with some of Arizona’s most trusted and respected legal advocates.
Call our Mesa personal injury lawyers to learn more.
Does Arizona Have a Statute of Limitations for Wrongful Death Lawsuits?
In Arizona, the statute of limitations for most wrongful death claims and lawsuits is two years. The two-year window opens on the date of a victim’s passing, which might not be the same as the date they were fatally injured.
Missing the filing deadline can’t be an option. Once time runs out, you lose the ability to demand financial justice for your grief and financial hardships.
Schedule a Free Consultation With an Experienced Mesa Wrongful Death Lawyer
Call AJ Law, PLC if someone you love has recently been killed in an avoidable accident in Mesa, Arizona. You may be entitled to compensation as a surviving spouse, child, or parent, and our experienced Mesa wrongful death attorneys can help you demand every cent you need in this time of grief.
We offer a free consultation, where we’ll hear your story, offer support, and provide insight into your legal options at this time. Learn about how we can help you pursue a wrongful death claim by calling our law office today.
