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Gilbert Wrongful Death Attorney

The death of a loved one can bring up many emotions, including intense grief, loss, and emotional trauma. But if their death was preventable and resulted from the negligence, reckless behavior, or wrongdoing of another person, the despair can be overwhelming. At Hastings & Hastings, PC, we understand that financial compensation will never bring a loved one back, but it can help to keep financial worries from adding to your family’s burden during the most emotionally challenging time.

While it may be difficult to take on battles with insurance companies during a vulnerable period, prompt action to prevent the loss of evidence and protect your legal rights is a positive step you can take and often the first step toward coping with an unthinkable loss. A Phoenix wrongful death attorney can help your family take a positive step forward during this time of grief.

If another party’s actions or inaction caused the loss of a loved one, the compassionate lawyers at our Gilbert Arizona office can be your voice in defending your rights to compensation for the hardships you’re now facing. Call us today for a free evaluation of your case.

What is Wrongful Death Under Arizona Law?

When a fatality occurs due to negligent, reckless, or intentional actions of another person, it’s considered a wrongful death and actionable under Arizona civil law, whether or not criminal charges are also pending. If the “wrongful” act of another person caused the death of your loved one, the law treats the claim like any personal injury claim in that the family of the deceased must prove negligence or wrongdoing on the part of the at-fault person. In a sense, it’s the personal injury case that the victim would have filed had they survived. Examples of common wrongful death claims include:

  • Car, truck, motorcycle, bicycle, and pedestrian accident claims, especially in cases of egregious behaviors such as road rage, DUI, or extreme recklessness
  • Work-related deaths
  • Medical malpractice
  • Defective product accidents
  • Criminal acts

Tort law in Arizona allows the family members of wrongful death victims to seek compensation for their damages because liability doesn’t end when an injured victim dies. While monetary compensation for economic damages helps to alleviate financial burdens, compensation for non-economic damages helps victims’ families to achieve a sense of justice and gives them the resources needed to move forward.

Who Can File a Wrongful Death Case in Arizona?

Within two years of the date of death, certain close family members of the deceased may file a wrongful death lawsuit. This includes:

  • A surviving spouse
  • An adult child of the deceased
  • A parent of the deceased
  • A family representative

If a death was caused by someone’s actions or negligence, any of the above may file a wrongful death lawsuit according to Arizona civil codes.

What Compensation Can You Gain From a Wrongful Death Case?

After a wrongful death, the victim’s family suffers many losses, including economic and non-economic “damages.” The at-fault person owes the family compensation for these damages, typically paid through their insurance company. Examples of common economic damages in wrongful death cases include:

  • Medical bills accrued before the death
  • Funeral and burial expenses
  • The earnings and benefits the deceased would have provided had they survived
  • Costs of repair or replacement of any property damage from the accident or incident that caused the death
  • Cost of services the deceased provided for the family

While non-economic damages may be more difficult to calculate and assign an amount, they are the most distressing losses in a wrongful death case. The surviving family members deserve compensation for the following non-economic damages:

  • Emotional anguish, grief, and distress
  • Loss of the deceased family member’s love, companionship, guidance, and support

Unlike many states, Arizona places no caps on non-economic damages in wrongful death cases.

Why Choose Hastings & Hastings as Your Gilbert Wrongful Death Attorney

A Phoenix personal injury attorney is ready to help. At Hastings & Hastings, we feel passionate about defending our client’s rights after the devastating trauma of losing a loved one needlessly. It’s essential to have legal representation with a strong local reputation and a proven track record of success in order to maximize your chances for substantial compensation for your terrible loss. Our pay is contingent on your winning your case and we offer free case evaluations. Call our compassionate team today for the individualized attention and legal representation you need during this difficult time.