Arizona Wrongful Death Attorneys

Determining the exact number of wrongful deaths that occurred in Phoenix throughout any given year requires an extensive analysis of city statistics. Experts would need to include all the following incidents in their data collection efforts: traffic deaths, medical malpractice incidents, fatal work injuries, deaths related to defective products, and even more.

In 2023, there were at least 1,197 fatal motor vehicle accidents, 103 fatal work events, and even more other wrongful fatal events.

If you believe your loved one’s fatality may have been the result of someone else’s actions and that the other party had a legal duty to provide for their care, then you could have legal recourse. Arizona wrongful death attorneys can help you determine your options based on the specific circumstances surrounding your loved one’s passing.

Find out more about how Arizona law defines a ‘wrongful’ death, the types of cases we handle here at Kermani LLP, the types of compensation you can recover in a legal claim, and the steps you need to take to file a lawsuit below.

What is Wrongful Death Under Arizona Law?

While every untimely death feels wrongful, there are specific conditions that must be met in order for a fatality to be legally classified as a wrongful death under civil law in Arizona.

Per the law, a wrongful death has all the following elements:

• The other party had a legal duty to provide for the care and safety of your loved one.
• The other party failed to uphold their legal duty of care.
• This breach of duty directly caused your loved one’s fatal accident.
• Your loved one’s death caused specific losses.

If you believe all the elements above exist in your situation, it’s a good idea to get informed about your legal rights in accident cases. There’s a great chance you have the basis for filing a wrongful death lawsuit against the responsible party.

Who Can File a Wrongful Death Lawsuit in Arizona?

Under Arizona law, a wrongful death action can be brought by the surviving spouse, child(ren), parent, or guardian. If none of these family members can or want to pursue a case, then a legal representative for the deceased person’s estate can file a wrongful death suit on behalf of the deceased.

Types of Wrongful Death Cases We Handle

The average wrongful death attorney in Phoenix AZ is equipped to handle a variety of claims involving a fatal accident. Here at Kermani LLP, our team of highly experienced and qualified attorneys can handle fatalities that occur as a result of motor vehicle accidents, pedestrian or bicycle crashes, medical malpractice, a workplace accident, defective products, or an intentional act of violence.

Motor Vehicle Accidents

One of the most common types of wrongful death claims involves car accidents. All drivers assume an automatic legal duty of care towards everyone else on the road, so when a driver causes a fatal accident, they’ll be held responsible for the fallout of the crash.

Pedestrian and Bicycle Accidents

Another common type of fatal accident occurs when pedestrians or bicycle riders get hit by a vehicle. Since cars are often much heavier and go at faster speeds, a collision can be extremely devastating for the biker or person on foot.

Medical Malpractice

Medical malpractice lawsuits arise when a healthcare provider’s level of care falls outside of the reasonable standard of care expected of them as a doctor, nurse, or other healthcare professional. If your loved one passed away in the hospital or as a result of a healthcare provider’s care, then it might be a case of malpractice. Still, an investigation will likely need to determine whether the incident was a genuine medical error or arose to the level of medical negligence.

Workplace Accidents

Employers have a legal duty to ensure the care and safety of their employees. Many dangerous workplaces or environments are regulated by specific laws and standards to keep employees safe. When employers don’t adhere to these rules and regulations, accidents can be fatal. Construction accidents, in particular, have a reputation for being very serious and potentially deadly.

Defective Products

Product manufacturers have a legal duty to provide for the care and safety of consumers who use their products as intended. When products are defective or faulty in some way, the manufacturer can be held responsible for the losses associated with the accident. Many product manufacturers have legal teams that are equipped to attempt to resolve claims quickly and for less than what consumers are really entitled to under the law. Here at Kermani LLP, our team is prepared to help advocate for you and your family and ensure that you don’t accept a settlement that’s less than what you deserve.

Intentional Acts of Violence

Individuals who commit intentional acts of violence can be held legally liable for their actions when the incident is fatal for the victim. If the party responsible for your loved one’s death was charged with a crime but was never convicted, then you might still be able to win a case against them in civil court. The burden of proof is much lower in civil court than it is in criminal court.

What Compensation Can You Get in a Wrongful Death Case?

When your loved one’s life is lost unexpectedly, no amount of financial compensation can take away the grief and pain. That said, your settlement award should accurately reflect any financial losses you experience as well as any non-economic damages you’re coping with, too. If your loved one suffered serious injuries, legal advice is crucial since you might be able to recover some compensation for any losses incurred before your loved one passed away. In general, you’ll be eligible for economic and non-economic compensatory damages. In rare cases, you might be able to also pursue punitive damages.

Economic Compensatory Damages

Economic compensatory damages are the losses you incur due to your loved one’s death that are easy to value and prove. Some of the most common economic damages in wrongful death cases include burial costs, funeral expenses, a loss of financial support, and property damage incurred during the accident that took your loved one’s life. These damages are designed to reimburse you for the financial position you were in before the accident.

Non-Economic Compensatory Damages

Non-economic compensatory damages describe the losses you’ve suffered that are less easy to value and prove. A loss of consortium, for instance, is the compensation you can recover for the feelings of immense distress and grief you feel after losing your expected life-long partner. Pain and suffering are another common type of non-economic compensatory damage you can file for.

Punitive Damages

Punitive damages are awarded when the responsible party acted with complete disregard for your loved one’s life. They’re also awarded when the recklessness or negligence was extreme, or the offending party is likely to continue committing the offending behavior if the courts don’t levy an additional punishment.

How Long Do You Have to File a Wrongful Death Claim?

The statute of limitations for pursuing a wrongful death claim in Arizona is two years from the date of your loved one’s passing. If you wait longer than that to consider your legal options, then it will likely be too late to pursue a claim.

The Legal Process of a Wrongful Death Case

The legal process of filing a wrongful death case starts when you reach out to an attorney about what happened. When you file negligence claims in Arizona, the burden of proof rests on the injured party’s shoulders. That said, you need to make sure you compile a solid claim before you approach the other party about what happened.

Your case should include evidence that proves the other party had a legal duty to provide for your loved one’s care, the other party failed to uphold their duty, and this breach led to your loved one’s death. Your case should also include specific evidence and documentation that outlines exactly how much you’ve suffered as a result of your loss.

Once you have a strong case, you’ll officially file your case and present it to the other party. From there, negotiations regarding a settlement will begin. If you and the other party aren’t able to reach an agreement, then your case might go to trial.

How Do We Prove Negligence in a Wrongful Death Case?

The best wrongful death attorneys in Phoenix will build up a rock-solid claim before presenting it to the other party. In general, the more evidence you have that can prove negligence and the extent of your losses, the more likely the other party is to settle the matter quickly and outside of court.

Here at Kermani LLP, we help our clients prove negligence by first conducting an in-depth investigation into what happened. This might include recruiting experts like accident reconstruction specialists or medical professionals who can explain the industry’s standard of care to our lawyers. We’ll look for hard evidence, such as surveillance video footage, police accident reports, medical bills, and other documentation, to create a claim that’s difficult to dispute.

How Kermani LLP Can Help You Get Justice

When you opt to work with our Phoenix law firm for wrongful death claims, you’re recruiting a team of loyal, compassionate attorneys who will aggressively fight on your family’s behalf. We’re considered one of the best wrongful death law firms in Phoenix due to both our representation and our case results. We’ll strive to ensure your wrongful death personal injury settlement matches the losses your family has experienced.

Free Consultation: Speak with a Wrongful Death Lawyer Today

After losing your loved one unexpectedly, it’s only natural to want to put the blame on someone else. In some cases, this blame is misattributed, but in other cases, that blame is rightfully placed and should encourage you to take legal action.

Wrongful death lawyers in Phoenix can help you identify whether your loved one’s situation rises to the level of a ‘wrongful death’ under Arizona law. If so, then they’ll inform you about your legal options and work tirelessly to get you the compensation you need to start to move forward.

At Kermani LLP, our team offers free legal consultation services for families who are grieving the loss of their loved one. Our team will listen carefully to what happened and identify your options based on your circumstances.

Schedule your free case evaluation with our lawyers now to get a better understanding of your legal options and rights.