Phoenix Wrongful Death Lawyer

Top Rated Phoenix Wrongful Death Attorney

The death of a loved one can be such an overwhelming experience that family members are often unaware of the potential options available for seeking some kind of compensation. When people are grieving, it’s understandable that money wouldn’t be the first thing that comes to mind. However, when you work with an experienced Phoenix wrongful death lawyer, you can count on someone to pursue your family’s needs with the sensitivity and care the situation deserves.

About Bleaman Law Firm, PC

Of course, the team at Bleaman Law Firm, PC, understands money doesn’t bring a person back or replace someone. It can be, though, something that can ease burdens elsewhere, giving families the space and time that they need to adjust to their new dynamic. A wrongful death claim can help alleviate financial stress after an unanticipated loss.

The loss of a loved one comes at a tremendous cost, and if that cost is brought upon a family by someone else’s error, that person owes them compensation for what they’ve gone through. A wrongful death claim is a way for your family to seek compensation for everything you’ve unexpectedly lost.

With over 23 years focusing on Phoenix personal injury law, Marc Bleaman of Bleaman Law Firm, PC, has the skills needed to help your family through a devastating times and unexpected tragedies. We are prepared to discuss your available legal recovery options. Contact our Phoenix wrongful death lawyers today for compassionate, reliable legal guidance.

Elements of a Wrongful Death Claim in Arizona

In 2023 alone, over 222,500 preventable injuries resulted in death. In Arizona, wrongful death is governed by Arizona Revised Statutes Sections 12-611 to 12-613. Specifically, A.R.S. 12-611 states that a wrongful death claim may be filed if someone wrongfully passed away due to an unjustified or avoidable incident. At-fault parties may be liable for damages if a preventable death occurred due to neglect, a wrongful act, or default.

When this happens, the survivors outlined in A.R.S. § 12-612 can file a wrongful death claim for their pain, suffering, and other damages incurred due to the unexpected death.

Arizona has a two-year statute of limitations in which to file a wrongful death claim. As a result, it’s worth speaking to a Phoenix wrongful death attorney right away, as they can protect your right to recovery before the deadline passes. After that time, your case may be dismissed. Additionally, an attorney can file an accurate claim and work diligently to increase its value.

Who Can File a Wrongful Death Claim in Phoenix?

Sometimes, one of the most challenging aspects of a wrongful death claim can be understanding who can file a claim. The process can be somewhat complex to figure out who the right person is to file. Generally, Arizona’s wrongful death laws, such as A.R.S. 12-612, provide that statutory beneficiaries include the following specific survivors:

• Spouse. If figure out who the right person is, they are typically the most likely party to file a wrongful death claim.
• Children. Additionally, any surviving children may have a right to file a wrongful death claim as well. This applies to both biological and adopted children.
• Parents or Guardians. If someone doesn’t have any surviving spouse or children, then their parents or guardians could be able to file a wrongful death claim.

A wrongful death may only be brought by these specific survivors. By statute, these individuals have a sufficiently close and qualifying relationship to the wrongful death victim, so they may file a claim for damages.

In some cases, the deceased may have no living spouse, children, or parents. If that’s the case, a representative of the estate may be able to file a claim on behalf of the beneficiaries.

If you are concerned about qualifying under Arizona law, it’s wise to consult a knowledgeable attorney. You can discuss your specific circumstances with them, and they can verify whether you are eligible for a wrongful death claim before filing, as well as assist you in making your efforts toward healing and just compensation smoother.

Compensation for Economic Damages

Many of the things that a wrongful death claim may compensate for have a clear financial element involved. This could include any of the costs that are directly related to the death itself. The medical bills that come from any treatment or care that was given prior to the death are usually all covered, as well. Funeral and burial expenses are other costs that are typically covered.

Another financial element that is covered can be a little more complex, and that is the loss of financial support that survivors experience. This can vary significantly, as it depends on a number of factors, such as the deceased’s income, the level of support given to dependents, and the inheritance they may have one day provided.

It can be challenging to know exactly what income the deceased would have made in the future, which is one of the things that makes this process particularly complex. Additionally, the value of lost benefits, such as life insurance or pensions, is also included, and these things are given a value. The younger the deceased is, the more complex calculating all of these things can be.

A lawyer is crucial for helping you determine the extent of your damages, as they are familiar with calculating the value of potential damages and damages with less exact costs. It’s hard to know what someone would have done financially in their lives, so there is some level of speculation that is involved, and this element can be highly contested.

Compensation for Non-Economic Damages

Those who have lost a loved one know that the most impactful of losses are not the financial ones but rather the more intangible losses. Often, the highest costs are those that come from no longer having the deceased in the lives of the survivors. The younger the deceased, the greater this impact can be. The compensation in a wrongful death claim may attempt to place a value on these intangible costs.

Some of those intangible things that a wrongful death claim may compensate for include loss of companionship. Often, the deceased had provided care, guidance, support, and companionship that may no longer be a part of loved ones’ lives. These losses are tremendous, and they could also be compensated.

Most often, in the case of married couples, there’s also the loss of consortium. This compensates for the loss of affection, intimacy, and love that married couples experience. The pain and suffering that was experienced by the deceased may also be compensated for.

Compensation for Punitive Damages

There are some rare cases where the court may also choose to award punitive damages. These damages don’t cover any specific costs but are instead meant to act as a kind of punishment. Therefore, these are only awarded in situations where the behavior of the defendant is considered egregious in some manner.

While punitive damages aren’t awarded in most cases, they may be awarded in yours if the death was precipitated by actions that the court deems to have been malicious or particularly egregious.

Wrongful Death Claim vs. Criminal Case

A common misconception about filing a wrongful death claim is that it’s directly related to a criminal case. While it is true that some wrongful death claims originate from the same incident that results in criminal charges, they are entirely different legal actions.

A criminal case can be brought by the state against someone who has broken the law. For example, let’s say someone caused a fatal crash in Phoenix while driving drunk. In this case, the prosecutors can file criminal charges against the drunk driver. The penalties for a criminal conviction can range from fines to jail time.

Wrongful death claims are filed by family members or a representative of the deceased person’s estate. The goal of a wrongful death claim is not to punish the wrongdoer but to seek financial compensation for your loved one’s survivors. Wrongful death damages could potentially include loss of companionship, funeral expenses, loss of financial support, and more.

A criminal case and a wrongful death claim are not interdependent. Even if the state decides not to file criminal charges against someone who caused a wrongful death, you can still file a civil wrongful death claim against that person.

You should also know that someone can be found innocent in criminal court but still be held financially liable in a civil claim. If you file a wrongful death claim that ends up going to litigation, it may be heard in Maricopa County Superior Court.

FAQs

What Evidence Is Commonly Used in a Wrongful Death Case?

Types of evidence that are commonly used in wrongful death claims include police reports, hospital records, autopsy reports, video recordings, photographs, professional witness testimony, employment records, and witness testimony. The specific evidence that is involved in a wrongful death claim depends on the circumstances surrounding the death, and it typically takes solid documentation to prove liability and damages in a wrongful death claim.

Can a Wrongful Death Claim Be Settled Without Going to Court?

Yes, in many wrongful death cases, parties can negotiate a settlement before trial. A settlement can help your family avoid going to court and still recover financial damages. However, if there is a disagreement on who is liable or what the damages are worth, it might be necessary to go to court. Your attorney can negotiate for you and file a claim, if needed.

What Happens if Multiple Family Members Are Eligible for Compensation?

If there is more than one beneficiary who can make a claim to recover damages, compensation is to be divided among them based on the facts of the case. The distribution might hinge on factors like the extent of financial reliance on the deceased, the closeness of the relationship, and the depth of emotional distress experienced. The court may need to step in and rule on who gets what compensation if the family argues.

Can a Wrongful Death Claim Arise From a Workplace Accident?

Yes. Although workers’ compensation benefits may be paid out following a fatal workplace accident, there are instances where a wrongful death claim may also be available. This can happen when someone other than the employer played a role in the incident. Examples include a contractor, a property owner, or an equipment manufacturer. An investigation typically needs to be conducted to identify all liable parties.

Hire a Wrongful Death Lawyer at Bleaman Law Firm, PC, Today

When you need to hire a wrongful death lawyer in Phoenix, Arizona, connect with the experienced team at Bleaman Law Firm, PC. We understand that the death of those closest to us is always one of the hardest things we have to face, especially when that death is sudden. It’s made all the more challenging when it’s the result of someone else’s mistake.

In many cases, losing someone leaves an emotional, psychological, and financial hole in families. Ultimately, these are costs that families must bear. Families may find they receive some level of resistance when seeking what they are owed. In particular, insurance companies, which usually pay out these claims, are not eager to take money off their bottom line.

However, because that cost was created by someone else, families are also due compensation for those costs. That’s where assistance from a qualified legal representative can come in.

The legal system gives these families some level of recourse to seek what they deserve. At Bleaman Law Firm, P.C., we are committed to assisting these families and helping them navigate the legal system so it works for them. If you’ve suffered the wrongful death of a loved one, contact us today. We have the tools to help you and your loved ones move forward.

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