Wrongful Death Lawyer Phoenix, AZ

Wrongful Death Lawyer Phoenix, AZ

Losing a loved one is never easy, but when their death was caused by the negligent or reckless actions of another party, the loss can be devastating. According to statistics from the Centers for Disease Control and Prevention, death from unintentional injuries is the fourth leading cause of death in this country. In situations like these, Arizona law allows the victim’s family to pursue a wrongful death lawsuit against the responsible party, seeking damages for the financial compensation for the losses the victim’s death has caused.

Wrongful Death

Arizona law allows for survivors of victims killed as a result of another party’s actions or behavior to pursue a wrongful death claim against that party or parties when those actions or behaviors were negligence, reckless, intentional, or due to misconduct. Common causes of wrongful death actions include:

Filing a Wrongful Death Lawsuit

Regardless of whether or not there have been criminal charges filed against the at-fault party – such as in a drunk driving crash – a wrongful death claim is handled separately from those charges and is filed in the civil court system. The law only allows certain family members and/or estate representatives to file a wrongful death lawsuit and there is a statute of limitations in place for how long after the victim’s death the claim must be filed by.

A Phoenix, AZ wrongful death lawyer can evaluate your case to determine if you qualify to file the claim on behalf of your loved one.

In order to be successful in the claim, a wrongful death lawyer will need to prove three elements to the court/jury:

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If you have lost a loved one because of the negligence or recklessness of another party, we understand there is no amount of money that will make up for that loss. But oftentimes, financial justice is the only avenue families have to hold the at-fault party accountable, especially if there are no criminal charges filed. To schedule a free consultation with a dedicated Phoenix, AZ wrongful death lawyer, call Saavedra Law Firm today,

How We Can Help

As a wrongful death lawyer in Phoenix, AZ from Saavedra Law Firm, PLC knows, losing a loved one because someone acted without care is one of the most horrible things any family can go through. Not only was someone’s life lost too soon, but an individual or entity was at least partially at-fault for that happening. If you suspect this is the case for your loved one, then it is strongly advised that you speak with a lawyer immediately for guidance.

Loss of Consortium

Depending on the state, the plaintiff in the wrongful death lawsuit can claim loss of consortium (otherwise called loss of companionship). When someone loses a spouse, particularly at the hands of another, they can experience severe and agonizing emotional trauma. Monetary compensation under loss of consortium seeks to provide the loved one with the resources they need to overcome. 

Loss of Future Wages 

Children and surviving spouses can pursue compensation for loss of future wages. If the family member who passed away had provided for the family unit monetarily, then those relatives are likely to endure serious financial hardship. Loss of future wages aims to give spouses or children the financial support they had lost because of the wrongful death. 

Burial and Funeral Costs

Families who have lost a cherished relative may not have the mental energy to find the best fiscal value for burial and funeral costs. Understandably, they are grieving their loss and are just trying to get through each day. Wrongful death cases often include costs for laying the loved one to rest. 

Pain and Suffering

Some victims of wrongful death not only were injured, but went through grueling passing that involved pain and suffering. Restitution may be awarded to surviving loved ones for the victim’s pain and suffering, in addition to medical expenses that were incurred from emergency care, treatment, hospitalization, etc. An Arizona wrongful death lawyer in Phoenix is ready to offer assistance for your family today. 

Call Saavedra Law Firm, PLC Now

If you recently lost a family member because of another’s negligence, then you may hold the right to seek restitution from the liable party. Our lawyer can assess your vase and inform you of your options. We know how to seek fair and just compensation for our clients, who have already been through so much. Let us help take the weight off your shoulders. Call Saavedra Law Firm, PLC to speak with a wrongful death lawyer in Phoenix, Arizona now.

Civil Suit vs. Criminal Charges

You may have heard the term “wrongful death” before, and if you have more questions, a wrongful death lawyer in Phoenix, Arizona will provide all the information you need about your own case. While any preventable death is a tragedy, some are handled differently than others, and it’s important to learn all you can about your case before filing a suit.

When it comes to a wrongful death, there are typically two ways the responsible party may be punished for their actions. Some wrongful deaths result in criminal charges, and some result in civil suits. Some end in both. The legal options available to you depend on the circumstances, and what your lawyer can tell you about your case.

Criminal Charges

Criminal charges are filed by the state against the offending party. If someone acted with gross negligence that led to the death of someone else, they could face jail time and other state-mandated punishments. When an accidental death leads to criminal charges, it’s called manslaughter, and the responsible party could face imprisonment and fines.

While manslaughter charges can bring the family of the deceased some much-needed justice and closure, criminal charges don’t usually result in financial reparations. In some cases, the responsible party may need to pay the court or state a fine, but the money doesn’t usually go to the family or friends of the person who died. If you’re seeking financial compensation, you’ll need to open a civil suit – and a wrongful death lawyer in Phoenix, AZ can help.

Civil Suits

The term “wrongful death” is reserved for civil suits. Unlike criminal charges, there’s no risk of jail time for the offending party. Instead of being filed by the state, the charges in a wrongful death suit are filed by the estate of the deceased. This can include family and friends. Civil suits can result in financial compensation for the members of the estate.

A wrongful death means lots of surprise payments and fees. You may have to pay medical bills, funerary expenses, and all the fees associated with dividing an estate and managing the will left behind by your close friend or family member. This financial pressure can be a major obstacle, and it can make grieving for your loss even more difficult. It’s important to get proper compensation for the untimely loss of a loved one, and a wrongful death lawyer can help.

Reach Out to Saavedra Law Firm, PLC

Any wrongful death is a tragedy. If you lost a loved one or close family member because of the sudden and irresponsible actions of another party, you deserve justice and closure. While criminal charges may bring you closure, only a successful civil suit can give you the financial compensation you need to properly process your loss.

No amount of money can bring back someone you cared about, but it can help you and the rest of their family and friends come to terms with your loss. Don’t suffer any more than you already have, and don’t pay out of pocket for a tragedy that will affect you for the rest of your life.

Reach out to Saavedra Law Firm, PLC today to get in touch with a wrongful death lawyer in Phoenix, AZ.

Losing a loved one is always difficult, but when their death was caused by the negligence or recklessness of someone else, that loss can feel even more devastating. Under Arizona law, the families of victims of fatal accidents are entitled to pursue legal action against the party or parties liable for their loved one’s death. This action is separate from any criminal prosecution the at-fault party may face. In fact, in many cases, a lawsuit filed by a wrongful death lawyer in Phoenix, AZ is often the only justice that a family gets for their loved one’s death.

Preventable Fatal Truck Accidents

One of the worst types of fatal accidents involves tractor-trailers. Unfortunately, there are far too many deaths from these crashes due to the types of vehicles that are involved. With so many massive commercial trucks driving on Arizona roads, the number of fatal truck accidents continues to climb. Many of these accidents are preventable, especially if steps were taken to ensure that all trucks have the necessary underrides installed. Instead, too many victims’ families seek out a wrongful death lawyer in Phoenix, AZ for justice.

Underride Crashes

One night, in June 1967, actress Jayne Mansfield was traveling on a highway through Biloxi, Mississippi. In the vehicle with the actress were her boyfriend, three of her children, and the driver of the car. As they were driving, a dense fog from a mosquito spray spread across the highway making it impossible to see. Visibility was so bad that the car’s driver never saw a tractor-trailer in front of them and slammed into it, plowing completely under the truck. Ms. Mansfield, her boyfriend, and the car’s driver were killed instantly. Miraculously, the children survived. One of those children grew up to become a well-known actress herself, Mariska Hargitay.

The truck the vehicle hit did not have underride guards. After the tragic crash, the National Highway Traffic Safety Administration (NHTSA) mandated that all tractor-trailers have rear guards. These guards are referred to Mansfield bars, after the actress.

Has the NHTSA Done Enough?

What the NHTSA has failed to do is require all trucks to have side guards, despite the fact that side underride crashes kill more than 200 people each year in this country, with thousands more seriously injured. As a Phoenix, AZ wrongful death lawyer knows, all too often, a vehicle will come into contact with the side of a tractor-trailer, but because there is no protection along the side, the car can slide right under the truck, where it can become stuck or run over by the wheels of the vehicle. There are no safety features on cars that can protect them from these deadly crashes.

Safety advocates say mandatory side underride guards would save lives, using Europe as an example where these rails are required. Some advocates believe that the NHTSA has caved to pressure from the trucking industry, which has lobbied heavily to prevent mandatory side rails. Many say the industry is putting the cost of adding these rails over the cost of people’s lives.

 The lobbying group disagrees, arguing that these guards do not necessarily provide the safety that advocates say they do, and installing them could end up weakening parts of the trailer, creating another dangerous situation.

Wrongful Death Lawsuit

In the majority of wrongful death lawsuits, it is the at-fault party’s insurance company that is representing that party’s interests. For example, in a fatal car accident, it is the at-fault driver’s vehicle liability insurance company that will be negotiating and paying any settlement or award. The same is true for a medical malpractice case – it is the doctor’s or other medical professional’s malpractice insurance company that represents the doctor.

This is one of the strongest reasons why a family should never represent themselves or even speak with the at-fault party’s insurance company without first speaking with a Phoenix, AZ wrongful death lawyer. The insurance company will do all they can to either deny the claim or pay far less than what the family deserves. Having an attorney advocating you will ensure that your best interests are protected.

Every state sets its own laws as far as who can file a wrongful death lawsuit and how long they have to do so (referred to as the statute of limitations). In most cases, the spouse of the victim is entitled to file the lawsuit. If the victim was not married, their children – both adult and minor – are able to file the lawsuit. If the victim did not have children or was a minor child, their parents are entitled to file pursue legal action.

In some situations, a representative of the victim’s estate will file the lawsuit, and any amount of financial compensation that is awarded is then distributed among the victim’s heirs or beneficiaries.

Damages in a Wrongful Death Lawsuit

There are a number of losses that a victim’s family can be compensated for. Any funeral or burial expenses that were incurred become part of the damages that an at-fault party could be found liable for.

There are also non-economic damages that a family may be entitled to. The loss of the victim’s love, guidance, and companionship can all be included in a wrongful death lawsuit. So too can the emotional trauma and grief that family members must deal with over the tragic and untimely death of the victim.

There is also the financial loss the family now faces, especially if the victim was the primary breadwinner, as well as loss of services. For example, if the parent was a stay-at-home parent because the couple’s children were young, the surviving spouse will now need to make arrangements for childcare and other services the victim provided their family. These are all future costs that a wrongful death lawsuit award can compensate a family for.

Contact Our Office

At Saavedra Law Firm, PLC, we understand no amount of money will ever make up for the loss of your loved one, but we also understand that sometimes financial justice is the only justice available to a grieving family. Call our office today to speak with a Phoenix, AZ wrongful death lawyer and find out how we can help.

Phoenix Personal Injury & Civil Litigation Lawyer

Truck Accident Attorney Phoenix, AZAttorney Freddy Saavedra provides trustworthy, aggressive representation to accident victims. He handles cases related to motor vehicle collisions, slips and falls, dog bites, and other accidents. Attorney Saavedra also brings wrongful death claims on behalf of families who have suffered the loss of a loved one in an accident.

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