Phoenix Wrongful Death Attorney

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When something happens to a loved one unexpectedly, it can be completely devastating and life changing. No one looks forward to experiencing the death of someone they love, especially when the death itself was caused by someone else’s reckless behavior and could have been completely avoided in the first place. Here at Hastings and Hastings, we are on your side and will be with you every step of the way.

The sudden loss of a loved one can be an extremely traumatizing event. When that loss is due to someone else’s negligent behavior, it can only add to the grief. The pain of losing a loved one can often cloud the thoughts of the dependent who has been left behind. When a wrongful death happens, it can be easy to forget about your rights as a dependent.

If a Loved One Has Died Because of Someone Else’s Recklessness, What Rights Do Family Members Have?

No amount of money in the world is going to make the wrongful death of a loved one any better. But it can help ease the financial burden that is often left behind. As a dependent, you may be entitled to compensation. Surviving family members can file a wrongful death lawsuit against the negligent party. In some cases, that party can be a person, company, or entity.

A wrongful death lawsuit can help surviving family members recover expenses and non-expenses loss that is a direct result of the reckless party. This is why it is important to act as quickly as possible after the loss of a loved one.

Who Can Sue for Wrongful Death in Arizona?

When a death has occurred due to a negligent party, it can really affect a lot of lives. Family members and friends are all affected by this loss. Unfortunately, not just anyone can file a wrongful death lawsuit. Arizona law gives the immediate family members of the victim(s) the right to file a wrongful death lawsuit against the negligent party. Spouses, children, surviving parents, guardians of the victim and estates of the victim may all file wrongful death lawsuits. The experienced lawyers at Hastings and Hastings will act on the behalf of the survivors to ensure that your case is as straightforward as possible during this difficult time.

Common Types of Wrongful Death Lawsuits

When To Seek Legal Advice After A Wrongful Death

If a loved one has been killed in a car accident, you will need some time to grieve. But the sooner you file a wrongful death claim, the sooner you can pay for the expenses that often follow a tragic event. If your family member has been a victim of negligence, please seek help. As the survivor, you are the only one that can act on behalf of the departed. Seeking justice will give you peace of mind in a world that can seem turned upside down.

What Damages Can I Recover in a Wrongful Death Case?

There are certain damages that you can recover if your loved one has been killed. Below are a few of the things that you may be able to be compensated for.

  • Funeral Expenses
  • Medical Bills
  • Loss of Anticipated Earnings
  • Punitive Damages (If Death Was Caused By Intentional Malice such as Drunk Driving)
  • Loss of love and companionship

When To Fill an Arizona Wrongful Death Claim

In the state of Arizona, you have a limited amount of time to file a wrongful death claim. Survivors typically only have two years to file a claim in order to be fully compensated. This is why it is so important to file a claim as quickly as possible.

How to Prove Wrongful Death 

If you have lost a loved one and believe that their death was caused by the negligence of another person or entity, you may be wondering how to prove wrongful death. In order to succeed in a wrongful death lawsuit, there are four main components that you will need to prove:

Duty

The first thing you will need to establish is that the defendant owed a duty of care to the deceased. This means that they had a responsibility to take reasonable measures to prevent foreseeable harm. 

For example, all drivers have a duty to operate their vehicles in a safe manner so as not to cause accidents. 

Breach

The second element you will need to prove is that the defendant breached their duty of care. This means that they failed to take reasonable measures to prevent foreseeable harm. For example, if a driver runs a red light and hits another car, they have breached their duty of care.

Causation

The third element you will need to prove is causation. This means that you will need to show that the defendant’s breach of their duty of care was the actual cause of the victim’s death. For example, if a driver runs a red light and hits another car, causing the other driver’s death, they have caused the death by breaching their duty of care. 

Damages 

The fourth and final element you will need to prove is damages. This means that you will need to show that you suffered some type of loss as a result of your loved one’s death. For example, if the deceased was the breadwinner for their family, you would need to show how their death has impacted the family financially.

Evidence That May Help Prove Negligence in Wrongful Death

There are many different types of evidence that may be used to prove negligence in a wrongful death claim. Some common examples include the following: 

Eyewitness Testimony: Eyewitnesses can provide valuable information about what happened leading up to the accident. Their testimony can be very helpful in proving negligence. 

Documentary Evidence: This can include things like police reports, accident reports, medical records, and medical expenses. This type of evidence can help establish what happened and who was involved. 

Photographic Evidence: Photographs can be very helpful in proving negligence. This may include photographs of the scene of the accident, photographs of injuries sustained, or photographs of property damage. 

Expert Testimony: In some cases, it may be necessary to bring in an expert to testify about certain aspects of the case. For example, if the case involves a car accident, an expert may be brought in to testify about how the accident occurred and who was at fault.

What is a Survival Action?

Survival actions are brought by the personal representative of the decedent’s estate on behalf of the decedent. These actions are for losses that the victim sustained prior to their death. Damages recovered in a survival action belong to the decedent’s estate and are distributed according to the terms of their will, or, if there is no will, according to Arizona’s intestate succession laws. 

Wrongful death claims, on the other hand, are brought by the surviving spouse, children, or parents of the decedent. These claims are for losses that the surviving family members have suffered as a result of the decedent’s death. Damages recovered in a wrongful death claim belong to the surviving family members and are distributed among them according to Arizona law.

We Can Help In Your Time of Need

If you are looking for a wrongful lawyer near me, you have come to the right place. Here at Hastings & Hastings, we know that when bad things happen like the sudden loss of a loved one, it can really turn your world upside down. We want to help you get through this difficult time by providing you with not only moral support, but also expert legal advice. Our team of legal professionals can get you the compensation you deserve. We will not rest until you are fully compensated for your loss. As the best Phoenix car accident lawyers, it is our job to go after the wrongful party and bring you the justice you deserve. When your case settles our discount fee puts more money in your pocket. Please contact us as soon as you can to receive a free consultation, always with a licensed attorney and never a salesman, paralegal or intake coordinator.

Hastings & Hastings Phoenix Wrongful Death Lawyers

An experienced Arizona accident law firm knows how to get you every dollar you deserve in the event you have experienced the wrongful death of a loved one. At Hastings and Hastings, we have been serving Arizona for over 40 years, representing injured victims and their families by battling the insurance companies to make sure you get all the compensation you deserve.  At the end of your case, our discount fee puts more money in YOUR pocket, allowing you to take care of what matters most: your health and your loved ones. If you’ve lost a loved one due to someone else’s recklessness or negligence, don’t wait, call today at 480-706-1100.

When you work with Hastings and Hastings, you will always meet with a licensed Phoenix personal injury attorney for your free case consultation. Only a licensed attorney can give you legal advice to help you navigate your wrongful death case. Other firms try and cut corners to increase their bottom line. At Hastings and Hastings, we have been doing things the right way, not the easy way, for over 40 years. Don’t settle for anything less. Contact The Discount Accident Lawyers® at Hastings and Hastings today to get started.

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