What You Need to Know About Wrongful Death Suits in Arizona

As you are coping with the loss of a loved one, filing a wrongful death lawsuit may be the furthest thing from your mind. You can never replace the family member you lost, but a successful wrongful death claim could provide you and your family some much-needed compensation for the losses you have experienced. An Arizona wrongful death lawyer from Mushkatel, Gobbato, & Kile, P.L.L.C. will guide and support you through the legal process and assist in all aspects of your wrongful death case.

What Is Considered a Wrongful Death?

Arizona law defines a wrongful death as the death of a person caused by the “wrongful act, neglect, or default” of another. Common causes of wrongful deaths include:

• Motor vehicle accidents
• Pedestrian accidents
• Medical malpractice
• Unsafe premises
• Defective or dangerous products
• Nursing home abuse or neglect

Who Can File the Wrongful Death Lawsuit?

Under state law, a decedent’s surviving spouse, children, parents, or guardians can file a wrongful death claim. The personal representative of their estate is also eligible to file a claim for the surviving eligible family members. If none of these individuals survive, the personal representative can proceed on behalf of the decedent’s estate. If a child dies, either parent may bring a wrongful death action.

How Do You File a Wrongful Death Lawsuit in Arizona?

At Mushkatel, Gobbato, & Kile, P.L.L.C., our wrongful death lawyers have extensive experience assisting families after an unexpected death. To file a wrongful death lawsuit, your attorney will:

• Investigate the accident – Your attorney will thoroughly investigate the circumstances that led to your loved one’s death as they assess the liability of the potentially responsible parties. They will interview eyewitnesses, review accident reports, analyze medical records, and obtain expert testimony.
• Prepare a lawsuit – If the insurance companies refuse to negotiate a settlement for the full and fair compensation you deserve, your attorney will prepare and file a wrongful death lawsuit. Our attorneys will guide you through the litigation process and go to trial if necessary.
• Distribute the proceeds – If you receive settlement funds or a monetary award in court, your attorney will handle the distribution of the money among the beneficiaries.

How Do You Prove Fault in a Wrongful Death?

Multiple parties may be held liable in a wrongful death case, and who may be responsible depends on the circumstances of each case. For example, a doctor, a manufacturer of a defective product, or another motorist on the road could have caused the accident that led to your loved one’s death. Because the facts or events of every incident that results in a wrongful death are unique, your attorney will tailor your case to its unique circumstances.

To prove fault in a wrongful death case, you must establish evidence to show that someone caused the death. First, the evidence must prove that the person at fault for the accident breached their duty to exercise reasonable care to prevent harm to the victim. This can be accomplished through eyewitness accounts, interviews with law enforcement, surveillance footage, or photographs.

Your attorney will then work to prove the other party’s actions or inactions caused the victim’s death. For example, if your loved one died in a car accident, your attorney could show that the other party’s failure to stop at a red light or driving under the influence caused the accident. This may be done by showing photos from traffic cameras or the results of a blood alcohol test.

Your lawyer must also provide evidence of the financial and emotional losses you’re seeking compensation for, including medical expenses, funeral costs, lost income, and loss of companionship. A skilled wrongful death attorney knows how to collect and present evidence to pursue the compensation their clients need after the death of a loved one.

What Damages Are Available in a Wrongful Death Claim?

In an Arizona wrongful death case, you can pursue “fair and just” compensation to help cover the losses you suffer following your loved one’s death. Your attorney will advise you on what money you may be entitled to seek. Your compensation could include money for:

• Medical, funeral, and burial expenses
• Loss of income and services your loved one would have provided
• Loss of your loved one’s love, affection, care, companionship, and guidance
• Survivors’ grief and suffering
• Mental distress
• Loss of consortium

Is There a Time Limit for Filing a Wrongful Death Claim in Arizona?

You must file a wrongful death lawsuit within two years of the death. Although two years may seem like a long time, your attorney needs this time to build a strong wrongful death case. They will thoroughly investigate the facts and circumstances of the accident that caused the death, obtain the evidence they need to prove the at-fault parties’ liability, and prepare the claim. It is crucial to contact a wrongful death attorney as soon as possible after your loved one passes so they can get started on the case.

If you do not file your wrongful death lawsuit before the deadline expires, the judge will likely dismiss your case so you cannot pursue compensation in court. By retaining an attorney shortly after the death, your attorney will keep track of the critical dates and deadlines in your case to protect your legal rights.

Contact an Arizona Wrongful Death Lawyer

You may be entitled to file an Arizona wrongful death claim if your loved one died in an accident due to someone’s negligence. A knowledgeable wrongful death lawyer can help you pursue the justice and compensation you and your family deserve. When you work with an attorney from Mushkatel, Gobbato, & Kile, P.L.L.C., you can be confident you will receive the personalized attention and strong legal advocacy you need. Call today for a consultation.

Visit Our Arizona Wrong Death Law Offices

About the Author

Zachary Mushkatel

Zachary Mushkatel discovered his affinity for the law by chance. As a political science major at the University of Arizona, he first aspired to become a professor. But an unexpected invitation to participate on a mock trial team at the university encouraged him to turn his competitive spirit and drive…