(480) 418-9738Leading Wrongful Death Attorneys in Scottsdale, Arizona
At Swenson & Shelley, our Scottsdale wrongful death attorneys know families throughout Arizona are devastated by the sudden and unexpected loss of a loved one, which leaves an emotional void that is often overwhelming and difficult to cope with.
In Arizona, the most common causes of wrongful death include motor vehicle accidents, medical malpractice, workplace accidents, and defective products. Motor vehicle accidents, often resulting from negligent driving behaviors such as speeding, distracted driving, or driving under the influence, are a leading cause.
This type of loss is particularly traumatic because it is caused by the negligent or intentional actions of another party, making it seem preventable and unjust. Families are thrust into a state of shock and grief, compounded by feelings of anger and frustration over the senselessness of the death.
The deceased individual often plays a vital role in the family’s emotional and financial stability, and their absence can lead to significant economic hardship, especially if they are the primary breadwinner. Our Maricopa County wrongful death attorneys are dedicated to guiding family members through these overwhelmingly challenging times so they can pursue more than financial recovery but justice.
Our compassionate lawyers and support staff do more than hear the details of your case during our free consultations. We listen to how your tragic loss has impacted your family.
When the Worst Has Happened, We Fight for What’s Best for You.
How is Wrongful Death Defined in Arizona?
In Arizona, wrongful death is defined under Arizona Revised Statutes (A.R.S.) § 12-611 to § 12-613. It occurs when a person’s death is caused by the wrongful act, neglect, or default of another party, and the circumstances would have entitled the deceased to file a personal injury lawsuit had they survived. Essentially, if the deceased could have sued for damages due to the negligent or intentional actions of another person or entity, then a wrongful death claim can be pursued on their behalf.
Who is Eligible to File a Wrongful Death Claim in Arizona?
A wrongful death claim provides compensation for the survivors’ losses and emotional suffering. These claims also aim to hold the responsible party accountable for their negligence.
In Arizona, the following individuals are eligible to file a wrongful death claim:
- Surviving Spouse: The spouse of the deceased can file a wrongful death claim to seek compensation for their losses.
- Surviving Children: Any surviving children of the deceased, including biological and legally adopted children, have the right to file a claim.
- Surviving Parents or Guardians: If the deceased was a minor, the surviving parents or legal guardians can file a wrongful death claim. In some cases, if the deceased was an adult, parents may still be eligible to file.
- Personal Representative of the Estate: The personal representative (executor) of the deceased’s estate can file a wrongful death claim on behalf of the estate and for the benefit of the surviving family members.
If you have questions about whether your circumstances rise to the legal level of wrongful death or your eligibility to file a claim, we have answers. Contact our dedicated wrongful death lawyers in Scottsdale today to learn more about your legal rights and options.
What Type of Compensation Can Eligible Family Members Pursue During a Wrongful Death Claim in Arizona?
Eligible family members can pursue several types of compensation during a wrongful death claim in Arizona, aimed at addressing both economic and non-economic losses resulting from the death of their loved one.
These types of compensation include:
- Medical Expenses: Reimbursement for medical costs incurred before the deceased’s death due to the injury or illness caused by the defendant’s actions.
- Funeral and Burial Expenses: Compensation for reasonable costs associated with the funeral and burial of the deceased.
- Loss of Income: Compensation for the loss of the deceased’s expected earnings and benefits, which the family depended on for financial support.
- Loss of Services: Compensation for the value of household services that the deceased would have provided, such as childcare, home maintenance, and other domestic tasks.
- Loss of Consortium: Compensation for the loss of companionship, love, care, and guidance the deceased provided to their spouse.
- Loss of Parental Guidance: Compensation for the loss of nurturing, care, and guidance the deceased would have provided their children.
- Pain and Suffering: Although not always applicable, some claims may include compensation for the pain and suffering endured by the deceased before death.
- Emotional Distress: Compensation for the mental anguish and emotional suffering experienced by the surviving family members due to the loss of their loved one.
- Punitive Damages: In cases where the defendant’s actions were particularly egregious or malicious, the court may award punitive damages to punish the wrongdoer and deter similar conduct.
These forms of compensation aim to provide financial relief and recognize the profound impact the wrongful death has on the surviving family members. Every wrongful death claim is unique and requires customized legal solutions to achieve actual results. We can help.
Our Scottsdale Personal Injury Attorneys Also Focus on the Following Areas:
Contact Our Scottsdale Wrongful Death Attorneys Today
Call our Scottsdale wrongful death attorneys today at (480) 418-9738 or contact us online to schedule a free, no-obligation consultation. During this consultation, you can learn immediately whether your claim is eligible for legal action.
We do not charge any fees upfront for our services. Instead, you pay us only if we secure payment for you. That makes getting legal help accessible and allows you to focus on your recovery. Contact us now to learn more.
Frequently Asked Questions for Our Wrongful Death Attorneysin Scottsdale, Arizona
How long do I have to file a wrongful death claim in Scottsdale, AZ?
In Arizona, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s passing. It’s important to consult an attorney promptly to ensure you meet all filing deadlines and preserve your rights.
How is negligence proven in a wrongful death case?
To prove negligence in a wrongful death case, it must be shown that the responsible party owed a duty of care to the deceased, breached that duty, and caused the accident that led to death. Evidence such as eyewitness testimony, medical records, and accident reports can help establish these elements.
Can a wrongful death lawsuit involve criminal charges?
A wrongful death claim is a civil action, separate from any criminal charges that may be filed by the state. Even if the responsible party faces criminal charges, a civil wrongful death lawsuit can still be pursued to seek financial compensation for the family’s losses.
How is the compensation distributed among surviving family members?
The distribution of compensation in a wrongful death case is determined by the court or through an agreement among the surviving family members. Each case is different, but the court will often consider factors such as financial dependence and emotional loss when dividing the compensation.
Do I need to go to court for a wrongful death case?
Not all wrongful death cases go to trial. Many are settled outside of court through negotiations. However, if a fair settlement cannot be reached, the case may proceed to court. An experienced wrongful death attorney can guide you through either process and help you understand what to expect.
What should I do if I think I have a wrongful death claim?
If you believe your loved one’s death was due to someone else’s negligence, it’s important to contact a wrongful death attorney as soon as possible. An attorney can evaluate your case, help gather the necessary evidence, and guide you through the legal process to seek justice and compensation for your loss.
How long does a wrongful death case take to resolve?
The timeline for resolving a wrongful death case can vary widely based on the complexity of the case, the willingness of the parties to settle, and whether the case goes to trial. Some cases may be resolved in a few months through settlement, while others can take over a year if litigation is involved.
Can multiple parties be held responsible in a wrongful death case?
Yes, in some wrongful death cases, more than one party may be held responsible for the death. For example, in a truck accident, both the driver and the trucking company might be liable. Your attorney will investigate the circumstances to identify all responsible parties and pursue compensation accordingly.
