Phoenix Wrongful Death Lawyer

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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.

If you have recently lost a close loved one as a result of another’s intentionally dangerous, reckless, or negligent actions or inactions, please connect with an experienced Phoenix, AZ wrongful death lawyer at the Saavedra Law Firm, PLC today. You may be understandably hesitant to explore your legal options at this time, given that you’re processing grief and a host of other energy-sapping emotions. However, scheduling a risk-free consultation is critically important, as doing so will allow you to clarify your rights and options under the law – so that when you are ready to make decisions about protecting your opportunities for legal recourse and/or pursuing legal action, those decisions will be informed and executed under the timetable allowed by state and/or federal law.

Phoenix Arizona Wrongful Death Law Firm

The Saavedra Law Firm, PLC has extensive experience working with the surviving loved ones of fatal injury victims. It is important to understand that we will always treat your case with the utmost respect, focus, and clarity of vision. We understand how challenging it is to seek justice and compensation in the wake of a loved one’s death. As a result, you can trust that we will take as much of the stress of this process as is possible off of your shoulders.

Navigating the Ins and Outs of Wrongful Death Claims

When you meet with a trusted Phoenix, AZ wrongful death lawyer at our firm, you’ll learn the basics of what it means to file a wrongful death claim. Similarly, we will evaluate your family’s circumstances in order to better understand whether you have strong grounds for legal action at this time. Generally speaking, closely-related loved ones, dependents, and formal representatives of the deceased’s estate are eligible to file such claims. A wrongful death claim is a civil suit and may be filed regardless of whether any criminal charges have been brought or not in regard to your loved one’s death.

What is Wrongful Death?

Humans are mortal, we are all aware of that. However, when a death occurs because of another’s fault, then surviving relatives deserve to pursue compensation and justice for what happened. Not every accident death constitutes a wrongful death, but sadly, many of them do. Unfortunately, family members may not realize that someone had a hand in their relative’s passing. Or if they do, they may not know what the extent of their options is in responding to the situation. Examples of wrongful death cases that a Phoenix, AZ Wrongful Death Settlement lawyer has represented may include, but are limited to:

  • Car accidents
  • Workplace accidents
  • Medical malpractice
  • Slip and fall
  • Boating accident
  • Premises liability
  • Bicycle accidents
  • Pedestrian accidents
  • Motorcycle accidents
  • Workplace illness
  • Birth injury
  • Product liability
  • Slip-and-fall injuries
  • Truck accidents

What Damages is the Family Entitled To?

Wrongful death lawsuits are legal actions that are handled in civil court. Depending on the situation, the case may also go through the criminal court if the person’s actions warrant repercussions on a criminal level too. When a fault is shown in a wrongful death case, the family members receive financial compensation. The court may award damages such as medical costs, funeral expenses, lost income, emotional distress, loss of consortium, and more.

In some cases, there may be criminal charges also filed against the at-fault party, such as in a DUI crash, but that is not always the case. This is why wrongful death lawsuits are sometimes the only chance a family has of obtaining any kind of justice for their loved one’s death, even if it is just through the civil court system.

The compensation a family may receive in a loved one’s wrongful death lawsuit will depend on the circumstances of the case. Some of the more common damages a Phoenix, AZ wrongful death lawyer can seek on the family’s behalf include:

  • Medical expenses for the lifesaving attempts of the victim after the accident
  • Funeral and burial expenses
  • Emotional anguish
  • Loss of the victim’s income and benefits, including future income
  • Loss of companionship the victim provided in the marriage
  • Loss of love and guidance the victim provided for children
  • Loss of services the victim provided for their family (i.e. household chores, childcare, home maintenance, etc.)

Legal Assistance Is Available

If you are unsure of whether you can handle the stresses of a legal case, given that you are actively grieving your loved one, know that no one at Arizona’s Saavedra Law Firm, PLC will pressure you to commit to legal action now or at any time. With that said, it remains important to schedule a consultation so that you can make whatever informed decisions are best for you and your family moving forward. Once our trusted legal team has learned about the unique circumstances that led to your loved one’s death, we’ll be able to provide you with an objective analysis of whether you have strong grounds upon which to file a case, what your rights are as a surviving loved one, and what legal options are available to you at this time.

Acting now may help to ensure that you are not burdened by financial consequences related to your loved one’s death and may help you to achieve some measure of justice for your loss. Please connect with our firm’s trusted Phoenix, AZ wrongful death lawyer and support team to learn more; we look forward to speaking with you.

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.

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:

  • The defendant (at-fault party) owed a duty of care to the victim. For example, in a fatal drunk driving accident, the driver owed a legal obligation to all other drivers to obey all the rules of the road. Drinking and driving is against the law.
  • The defendant breached the duty of care that was owed to the victim. In the above example, the driver broke the law by getting behind the wheel of their vehicle drunk.
  • The defendant’s actions caused the death of the victim.

Contact Our Office Today

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.

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 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.

Losing a loved one is never easy, but when their death was a result of a vehicle or other type of accident caused by someone else’s negligence, that loss can be devastating. Not only is the deep sorrow and grief a family must work through, but there is often a great financial impact the family must also contend with, especially if that loved one was the primary financial support for the family. There are also the medical bills that may have been incurred trying to save the victim’s life, as well as funeral and burial expenses. All of these financial burdens can be overwhelming for a family already dealing with the grieving process. If you have lost a loved one in an accident, you may be able to pursue a wrongful death lawsuit against the at-fault party under Arizona law. A wrongful death lawyer in Phoenix, AZ can evaluate your case and discuss what legal options you may have.

What Is Wrongful Death

Under Arizona law, surviving family members can file a wrongful death lawsuit against the at-fault party or parties if the victim’s death was a result of the at-fault party’s negligent, reckless, or wrongful act. A good way to look at whether or not a death qualifies as a wrongful death is to examine if legally, had the victim survived their injuries, would they have been legally entitled to file a personal injury lawsuit against the at-fault party. Some of the more common types of wrongful death actions that a Phoenix, AZ wrongful death lawyer files on behalf of victim’s families include:

  •       Distracted driving accidents
  •       DUI accidents
  •       Truck accidents
  •       Motorcycle accidents
  •       Pedestrian accidents
  •       Construction site accidents
  •       Premises liability accidents
  •       Defective product incidents
  •       Medical malpractice cases

Phoenix Wrongful Death Law Infographic

Types of Wrongful Death Compensation Can Families Receive Infographic

Phoenix Wrongful Death Law Statistics

The Centers for Disease Control reported in 2017 that inadvertent injury was the number one cause of death for U.S. citizens aged 1–44. The accidental injury also ranked as the number three cause of death for the 45–64 age group and the number seven cause for the 65 and over the group.

Pursuing a Wrongful Death Case

A wrongful death lawyer in Phoenix, AZ from Saavedra Law Firm, PLC knows that it’s difficult enough having to deal with the passing of a loved one, due to illness or old age. But when a cherished person is killed due to another’s carelessness, it can be absolutely devastating to the entire family. As a surviving relative, you may have recourse in this situation. To redress the preemptive death of your family member and seek some kind of justice, it may be warranted to bring a lawsuit against the offending party.

Understanding Negligence

Wrongful death is defined as someone’s failure to act with a level of care, where someone else of similar person and circumstances would not have acted in the same way. Essentially, an individual or facility who acts recklessly, causing harm to a person or damage of property, may have to pay compensation to the victim and/or surviving loved ones. Negligence is at the center of all personal injury cases, including wrongful death lawsuits.

How To Prove Negligence

Firstly, you must get yourself a lawyer who is well-versed in handling wrongful death cases. By choosing a lawyer without experience specifically in personal injury law, you may be doing yourself a great disservice and it could ultimately impact the final verdict. As your Phoenix, AZ wrongful death lawyer from Saavedra Law Firm, PLC lawyer may tell you, there are four elements that have to be shown in order to have a chance at winning the case:

  1. Duty: The defendant owed a duty to the plaintiff (under the circumstances of wrongful death or personal injury).
  2. Breach: This duty of care had been breached by the defendant’s behavior or lack of action.
  3. Causation: The breach in duty of care led to indirect or direct injury/damage.
  4. Damages: There are quantifiable damages that resulted from the breach.

If not all these aspects can be proven, then the plaintiff has less of a strong case. If you aren’t sure whether your loved one’s death happened because of another’s influence, but suspect that may be the case, then contact a lawyer now.

Why You Should Call a Lawyer

When bringing legal action against an individual, company, person, organization, or other entity, it is considered a civil case and not a criminal one. However, in some cases, the defendant will also face charges in criminal court. The goal of a wrongful death lawsuit is to cover damages/losses of the surviving family, such as:

  • Loss of Consortium
  • Medical Expenses
  • Lost Wages
  • Pain and Suffering
  • Funeral and Burial Costs
  • Loss of Future Wage

Three Reasons To Call a Wrongful Death Lawyer

You’ve just lost someone you love very much. Your parent, your spouse or your child is gone, and you are bereft. But it may be worth a call to a wrongful death lawyer in Phoenix, AZ, such as Saavedra Law Firm, to see if your loved one’s death was civilly or criminally unlawful. In some cases, you’ll know for sure someone else was responsible: a car accident, assault or workplace accident may have claimed the life of your beloved. In other cases it may not be so clear. Here are three reasons you should talk to a wrongful death attorney.

Your Loved One Died Because of Something Someone Else Did

Whether through deliberate action or negligence, someone else is responsible for your loved one’s death. That person or organization should be held accountable civilly and, if appropriate, criminally. Nothing will bring your loved one back to you, but knowing that the person or entity will be made to pay for what they did or didn’t do. Perhaps your relative was murdered, killed by a faulty product or slipped and fell at a place of business. In any of these cases, a wrongful death lawyer in Phoenix, AZ, can tell you if you have a solid wrongful death claim.

You’ve Been On the Fence About Calling a Wrongful Death Attorney

According to Nolo, the statute of limitations for filing a wrongful death claim in Arizona is two years. So if you’ve been going back and forth about your decision to call a wrongful death attorney, check your calendar and get moving. The more time that passes, the more memory fades. If you didn’t write everything down when your beloved passed away, you may have trouble remembering the details of the event that caused their death.

An Insurance Company Has Approached You About a Settlement

You definitely don’t want to tackle an insurance company all by yourself. A wrongful death lawyer in Phoenix, AZ, can get you the best settlement, and if that’s not good enough, they can go to court with you to fight the insurance company. You deserve to have your loved one’s life honored by those responsible for your loved one’s death. The perpetrators should be held accountable and financially punished to the fullest extent of the law. Your wrongful death attorney will be able to help you calculate the monetary value of your beloved’s life and your pain and suffering, loss of affection and loss of future wages.

The Do’s and Don’ts of a Wrongful Death Case

Do Contact A Wrongful Death Lawyer

If you feel that your loved one died because of the actions or negligence of someone else, you should call a wrongful death lawyer in Phoenix, AZ to help. There are often many complicated details in a wrongful death case. It can be overwhelming trying to process all of this information alone. A legal professional is trained to evaluate the details of your loved one’s passing to establish whether or not the responsibility for the death falls on another party. Our legal team at Saavedra Law Firm, PLC will answer your questions and help you better understand this difficult situation.

Do Keep Detailed Records

If you decide that you are going to pursue a wrongful death case on the behalf of your loved one, it will be your responsibility to obtain and maintain medical records. These medical records will be vital evidence in your case. A wrongful death lawyer in Phoenix, AZ will need to review any medical records pertaining to the death.

Do Protect Your Mental Health During This Time

Pursuing any type of legal action can be stressful. If this comes shortly after the passing of a loved one, while you are still grieving, your mental health may begin to suffer. Remember that you are taking on an important, but a stressful task. Your mental health should be a priority. If you feel that you are struggling, it is a good idea to connect with a counselor or a therapist. They can help you navigate the feelings and challenges you are experiencing at this time.

Don’t Discuss The Case With The Responsible Party

In some cases, the responsible party or their insurance company may approach an individual or a family and attempt to offer a settlement. These types of settlements rarely hold the responsible parties truly accountable for what was done. This is especially true if a doctor or a hospital is the suspected responsible party. Wrongful death cases can sometimes be instrumental in bringing about important changes in how doctors or hospitals operate. This cannot be accomplished out of court and others could still be negatively affected by malpractice or unsafe conditions.

To hold the responsible parties truly accountable, you will want to have a wrongful death lawyer in Phoenix, AZ on your side. They will be able to advise you on what is a truly just outcome for your case.

If you believe your loved one died due to the actions of someone else, the Saavedra Law Firm, PLC can help.

3 Things a Wrongful Death Lawyer Can Do

The loss of a loved one is an incredibly difficult time. It can be compounded by the fact that your loved one may have died due to another party’s negligence. This is especially upsetting knowing someone you loved could still be alive.

Their death can also mean financial losses on top of your emotional hardships. Did you know that you could be owed compensation by the negligent party? A wrongful death lawyer in Phoenix, AZ, can do a few things to help your case.

1. They Can Answer Your Questions

You may not know if your loved one died from the recklessness of an at-fault party. You can sit down with an attorney from Saavedra Law Firm, PLC, to discuss your situation. A lawyer can answer any questions you have about wrongful death cases. They can also explain the process to you.

If you think that action should be taken, you can discuss a plan of action with your lawyer.

2. They Can Investigate

Maybe you decide you want to pursue a wrongful death claim. Your attorney can take the next step and examine the evidence. A wrongful death lawyer in Phoenix, AZ, can investigate the circumstances surrounding your loved one’s death.

There can be several ways a lawyer goes about doing this. They may examine medical records, speak to witnesses, or talk to experts about what should have occurred. Every wrongful death claim is different. An attorney from Saavedra Law Firm can discuss what course of action to take.

3. They Can Take Legal Action

If a lawyer finds there is convincing evidence, they can pursue compensation for wrongful death. There are several different forms of compensation. There are economic damages, which can include medical expenses, funeral costs, or earnings if your loved one had lived. There are also non-economic damages which include mental and emotional health damages you and others in the family experienced from this loss of life.

Your wrongful death lawyer in Phoenix, AZ, can work with you to quantify what kinds of compensation you should pursue. Then, an attorney can file a lawsuit and start the legal process. A lot of the time, a settlement can be reached. But sometimes, an agreement can’t be made and the lawsuit goes to court.

If a trial is where things are headed, know that your attorney will be with you every step of the court process. You are not alone and your wrongful death lawyer can help you get compensation.


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.

Drunk Driving

A wrongful death lawyer in Phoenix, AZ, can offer valuable services after a loved one has suffered a fatality from a drunk driver. Driving under the influence (DUI) is an act of criminal negligence, but a civil lawsuit may be a better option than criminal restitution as it is often faster and might provide more compensation.

The drunk driver could be charged with manslaughter, second-degree murder, or negligent homicide. Depending on the charge, recklessness or negligence may need to be proven. If it is proven beyond a reasonable doubt that the driver was indeed drunk, and that the drunk driver caused the fatality, there is a high probability of conviction. If the driver performed a hit and run, the consequences may become more severe. No matter the details, if a family member has died due to the actions of a drunk driver, contact Saavedra Law Firm to learn how to proceed with a wrongful death claim.

Distracted Driving

Texting and driving is now a common form of distracted driving that can lead to serious injuries and even death. Just recently, Arizona passed a law that prohibits cell phone use while driving. If a person is found guilty of distracted driving, they can be fined. If their distracted driving results in the death of another individual, the deceased individual’s surviving relatives can file a wrongful death claim against the distracted driver. If you are a surviving family member looking to file a wrongful death claim, find a wrongful death lawyer Phoenix, AZ.

Wrongful Death on the Job

Typically, employees are not allowed to sue their employers for workplace injuries due to workers’ compensation. However, when death is involved, there can be exceptions. If a family member dies at work because of another individual’s negligence, and the surviving relatives suffer losses as a result, a wrongful death claim may potentially be filed.

Historically, even fatal incidents at work have not resulted in the collection of damages from wrongful death claims; rather, employers are forced to pay fines issued by the OSHA due to safety violations, and workers’ compensation death benefits address the surviving family members’ needs; such death benefits vary from state to state. In Arizona, the maximum burial allowance is $5,000. The state’s workers’ compensation also allows a certain percentage of the deceased loved one’s wages to be paid to the immediate or dependent relatives. For this to occur, death benefits need to be filed within 1 year of the work-related incident that led to the employee’s death.

If the wrongful death is caused by a third party and not the employer, workers’ compensation does not apply and a wrongful death claim can be filed against the third party. Wrongful death suits may yield greater compensation for a relative’s death than workers’ compensation; however, they often take a longer time to settle.

To determine whether or not you can file a wrongful death claim, contact a wrongful death lawyer in Phoenix, AZ, by scheduling a consultation with Saavedra Law Firm.

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.

It is important to explore your legal options with the assistance of a trusted Phoenix, AZ wrongful death claim lawyer at Saavedra Law Firm, PLC if you have recently lost a loved one and you either believe or know that your loss was the result of another’s negligence, recklessness, or intentionally dangerous conduct. All too often, surviving loved ones are so deeply shocked by their loss and are understandably preoccupied by their grieving process that they don’t begin to explore their legal options until the financial consequences of their loss have become dire. It takes time to build a strong legal claim and to pursue the fullest extent of compensation owed to a surviving family. Taking a proactive approach to exploring your legal options can help your family to avoid even more stress at an already overwhelming time of life

Phoenix Wrongful Death Law Statistics

According to statistics from the Centers for Disease Control and Prevention, there are just under 225,000 people killed each year by unintentional injury. More than 45,000 of those deaths occur in traffic accidents. In Arizona, there are approximately 1,000 people killed each year in vehicle accidents. Families of these victims may be able to pursue wrongful death claims if their loved one’s death was the result of the negligent or reckless acts or behavior of another party or parties.

Filing a Wrongful Death Claim – The Basics

Generally speaking, you will have strong grounds upon which to file a legal claim if your loved one’s death resulted from the intentionally dangerous, negligent, or reckless actions or inactions of another. This “another” may be a person, corporation, government agency, or other legal entity. Even if your loved one was partially to blame for the injurious circumstances that led to loss of life, you may still be entitled to compensation from others responsible for the harm your loved one suffered.

What can I do after a loved one’s death in Arizona?

If you believe that your loved one’s death could have been prevented – had another engaged in conduct that wasn’t negligent, reckless, or intentionally harmful – it’s time to explore your legal options with the assistance of a knowledgeable Phoenix, AZ wrongful death lawyer.

There is no amount of compensation that can make up for the loss you have suffered. However, seeking justice with the assistance of the team at Saavedra Law Firm, PLC will help to ensure that you aren’t forced to shoulder the financial impacts of your loss. Additionally, by seeking justice on behalf of your loved one, you may help to ensure that others don’t suffer the same fate.

What is the statute of limitations for wrongful death lawsuit in Arizona?

If you’re naming a public entity – like a government agency or a school district – as a defendant in your case, our Phoenix wrongful death lawyer team will generally need to file a notice of claim within 180 days after your loved one sustained their fatal injuries, unless an exception to your situation applies. If only private persons and/or entities are named as defendants in your case, you’ll be granted two years from the date of your loved one’s death to file a lawsuit.

The statute of limitations concerning private defendants may seem lengthy. But it remains critically important to explore your legal options sooner rather than later because there is work we’ll need to do right away to protect your rights and preserve your legal options.

Who can file wrongful death lawsuits in Arizona?

In Arizona, a surviving spouse, surviving child, or surviving parent/guardian of a deceased person is empowered to file a wrongful death lawsuit. Additionally the executor or “personal representative” of a deceased individual’s estate may alternatively opt to file a lawsuit on behalf of the deceased’s surviving loved ones.

What compensation can I recover for the death of a family member in Arizona?

Depending upon the circumstances surrounding your loved one’s death, you may be entitled to compensation for any end-of-life medical bills that were incurred before they passed away, the loss of their earning potential, and even your own pain and suffering. The value of your case will be dependent upon a host of factors, so it’s important to have our team objectively evaluate its potential value before committing to a plan of action.

How can a wrongful death lawyer in Arizona help?

The primary goal of the Phoenix wrongful death lawyer team at Saavedra Law Firm, PLC is to seek maximum compensation on behalf of surviving loved ones while honoring the loss and the memory of the injury victim in question. Our firm regularly represents the rights of surviving loved ones, so we have a deep and abiding respect for just how difficult it is for those who are grieving to seek justice during challenging times. We will take as much of the legal-related stress and work related to your case off of your shoulders so that you can redirect your energy wherever else you need it to be focused.

Wrongful Death Lawsuit FAQs

We have compiled a list of frequently asked questions that will help build a basic understanding of the primary goals of a wrongful death lawsuit. For in-depth explanations to your questions, contact our firm. An experienced professional is readily available to answer your questions in detail and will provide invaluable guidance throughout the entirety of the lawsuit process.

What is the goal of a wrongful death lawyer?

The primary goal of a wrongful death lawsuit is to facilitate a space for the families of someone who was suspected to have died wrongfully to explore their legal options for pursuing compensation from the party who is believed to be responsible for their death. With the assistance of an experienced wrongful death lawyer, families of the victim may discover that they have a viable case and that there is potential for obtaining compensation to aid in their healing and recovery process. With instances of wrongful death, there is no dollar amount that can feasibly make up for the hardships that were endured. Ultimately, the goal of a compensation award is to make the recovery process less impactful financially for the families of the victims.

How will my lawyer help determine who is liable for the wrongful death?

In order for a wrongful death lawsuit to be considered a success, the plaintiff, commonly the spouse dependent, or close relative must present substantial evidence proving the defendant was liable for the death of the victim or contributed to the conditions that caused it. By means of evidence such as medical records, witnesses, photos or video, the wrongful death lawyer will be able to develop a strategy for proving that the defendant was liable in their client’s case.

What can we pursue compensation for after a death that was suspected to be wrongful?

Following an alleged wrongful death where a party involved in the birth process is suspected to be liable, compensation can be pursued. Compensation is usually pursued to help families with the costs that were accrued as a direct result of the wrongful death in an attempt to make these expenses less financially impactful. One example is supplementing income that a dependent relied on but was lost as a result of wrongful death.

How are damages commonly classified in wrongful death lawsuits?

When damages are referred to in the context of a lawsuit, they refer to the factors that financially impacted the victim. The family of the wrongful death victim that is filing the lawsuit would pursue monetary compensation for the damages that were sustained. Compensatory damages are usually categorized as being either economic or non-economic. 

  • Economic damages: Tangible damages that can easily be quantified. Their value cannot be interpreted differently based on their perception in the eyes of the jury that is reviewing them.
  • Noneconomic damages: These are more difficult to quantify because they pertain to experiences that are endured, such as pain and suffering, humiliation, anguish, or loss of enjoyment of activities.

Saavedra Law Firm, PLC Phoenix Wrongful Death Lawyer

706 E. Bell Road, Suite 111, Phoenix, AZ 85022

Phoenix Wrongful Death Lawyer Google Review

“Freddy and his team are great. Freddy is a knowledgeable attorney and a man of integrity. I recommend Saavedra Law to anyone who needs help with a personal injury matter.” – Lizzie T.

Legal Assistance Is Available

If you have recently lost a loved one due – in part or wholly – to another’s recklessness, negligence, or intentionally dangerous conduct, know that you likely have significant legal options available to you at this time. Unless your loved one was killed as a result of a work-related injury or illness (because filing for workers’ compensation death benefits is an extremely time-sensitive matter), you likely do not need to make any major decisions right now. Meeting with the experienced and trusted Arizona legal team at Saavedra Law Firm, PLC will simply allow you to receive objective feedback about your rights and options so that you can make informed decisions about your situation in the timeframe allowed under the law. If you have yet to schedule a risk-free consultation with our firm’s Phoenix, AZ wrongful death claim lawyer and legal support team, please do so now; we look forward to speaking with you.

Call Saavedra Law Firm, PLC Today

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.

Family members who want to know if they can take action for a loved one’s wrongful death are encouraged to speak with a member of our team today. We can provide a consultation and then make suggestions for how to proceed. We can empathize with the pain that family members go through because of a wrongful death, so you can rest assured we can handle the legal side of things so that you and your family can take care of each other. Call Saavedra Law Firm, PLC now to speak with a compassionate Wrongful Death Settlement lawyer in Phoenix, Arizona.

Client Review

“This is an excellent law firm. Very professional in every aspect of my visit. Especially helpful were Freddy and his assistant Laura. I would recommend them to anyone.”
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