Wrongful Death

The wrongful death of a loved one is a difficult experience that can cause a family great pain and suffering. If you have lost a loved one due to someone else’s neglect or misconduct, you may be able to file a wrongful death claim.

This claim can provide you with compensation to help cover expenses related to the loss of your loved one. At East Valley Injury Law, our attorneys can provide you with assistance in filing a wrongful death claim.

A wrongful death claim is similar to a personal injury claim that people file when they have been injured through no fault of their own. In a wrongful death case, certain family members or parties are able to file a claim on behalf of the deceased if the death was someone else’s fault. Keep in mind that only certain parties are able to file a wrongful death claim, such as surviving spouses, surviving children, or parents or legal guardians of the deceased. Personal representatives of surviving children, parents, or spouses, as well as personal representatives of the deceased’s estate, may also be able to legally file these claims.

Damages in Wrongful Death Cases

Those who file a wrongful death claim are able to seek compensation for different kinds of damages. When another party was at fault for your loved one’s death, you might be able to receive compensation for the costs of their funeral and burial. Other kinds of damages that this compensation may cover include the loss of the deceased’s income, loss of property, emotional trauma, grief, and any physical pain and suffering your loved one experienced. With a wrongful death claim, you might also be able to seek compensation related to a lost inheritance or a loss of guidance.

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Legal Guidance for Wrongful Death Claims

It’s important to understand all of the legal requirements involved in wrongful death cases when you are seeking financial compensation for a loved one. Having help from a personal injury lawyer who has experience with these claims ensures that you meet these requirements. An attorney can also help you gather evidence as needed and complete and file all paperwork on time. Our attorneys at East Valley Injury Law can also help you determine how much compensation to seek depending on the details of your case.

We understand how stressful these situations can be and how difficult it can be to navigate these legal proceedings. Our attorneys offer guidance throughout the wrongful death claim process to help ease this stress.

Frequently Asked Questions

Who is legally allowed to file a wrongful death lawsuit in Arizona?

Under Arizona law, only specific surviving family members have a claim for wrongful death: a surviving spouse, surviving children, surviving parents or legal guardians, and the personal representative of the deceased person’s estate. Sadly, siblings and step-children are not permitted to receive compensation under Arizona’s wrongful death statute. Our East Valley Injury Law team has handled many wrongful death claims and have served families throughout the State of Arizona (including claims in Mesa, Chandler, Gilbert, Queen Creek, Florence, Maricopa, Phoenix, the White Mountains, Tucson, Yuma, and almost every county in the state). Losing a loved one is devastating. We will handle your claim with the sensitivity and professionalism needed to help you emotionally while fighting for your rights with the insurance company. Also, we will make sure you understand all of your options so you can make the right decisions for your family’s future.

What compensation can our family recover after a wrongful death?

No amount of money can replace the loss of your family member. Sadly, we cannot ask a jury to “put themselves in your shoes” (this would cause a mistrial). However, the efforts we take to bless your family through the wrongful death process (whether the claim is settled pre-litigation, or during litigation and trial) can provide your family with the financial stability it needs to move through the difficult times ahead. We will seek compensation for funeral and burial expenses, the income and financial support your loved one would have provided, emotional trauma and grief, and the loss of the guidance and companionship of your beloved family member. Our East Valley Injury Law wrongful death lawyers bring more than 100 years of combined legal experience to every case, and we fight hard to protect your family’s rights and pursue every dollar you deserve.

How long do we have to file a wrongful death claim in Arizona?

In most cases, Arizona law gives surviving family members two years from the date of death to file a wrongful death claim. However, if the death involved a government entity, such as a poorly maintained state highway or public vehicle, you may be required to file a formal notice of claim within 180 days from the date of the event that caused the wrongful death. Missing either the statute of limitations or the notice of claim time frame will permanently end your right to seek justice for your loss. East Valley Injury Law is a personal injury and wrongful death law firm that handles cases throughout the State of Arizona. Our attorneys handle the complex legal deadlines and paperwork so you can focus on healing and being with your family.

Will our family have to go to trial?

You will most likely NOT have to go to trial when East Valley Injury Law handles your wrongful death claim. The majority of wrongful death cases our firm handles are resolved through settlement negotiations or mediation without ever setting foot in a courtroom. We approach every case as if it is going to trial, we conduct thorough investigation, and work with expert witnesses to build the strongest possible argument. Thus, the insurance carrier for the at-fault party will see the writing on the wall – that we will win big at trial – and they offer to settle the claim for an amount that makes sense to our clients. East Valley Injury Law is a personal injury law firm that takes an aggressive but professional approach to getting Arizona families fair compensation after a tragic loss. If the insurance company refuses to settle fairly, our litigation team prepares for and takes your case before a judge and jury (if necessary).

What if the death was caused by a dangerous road rather than another driver?

If the life of your family member is wrongfully taken due to a government entity failing to properly maintain a roadway, East Valley Injury Law will hold accountable the governmental entity responsible for maintaining that roadway. East Valley Injury Law has handled some of the state’s largest wrongful death and serious injury claims involving roadway maintenance. We recently secured a $19.9 million settlement involving a commercial carrier and the State of Arizona. This claim was brought on behalf of a family who lost two family members in a head-on collision that was, at least in part, caused by the failure of the government to properly maintain the roadway. In that case, as well as in other cases, we worked with road design experts, accident reconstruction experts, and human factors experts to establish liability and causation in these cases. 

East Valley Injury Law attorneys live and work in the East Valley (including Mesa, Gilbert, Queen Creek, San Tan Valley), but we handle cases throughout the State of Arizona. We take seriously our responsibility to hold negligent government agencies accountable for the harm they cause to Arizona families.

If you have lost a loved one, please contact East Valley Injury Law to learn more about wrongful death claims.

We can provide you with a free consultation that includes going through the details of what happened in order to determine if you should file a claim on your loved one’s behalf. Call us today at 480-542-5000 to set up a free consultation.

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