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    If you have lost a loved one in an accident of any type in Sun City or a surrounding area in Arizona, the wrongful death lawyers in Sun City at Mushkatel, Gobbato, & Kile, P.L.L.C. will protect your rights and fight for all compensation you are due. You may have the right to pursue a survival claim, or the continuation of a personal injury claim that your loved one brought before his or her death. You may also seek wrongful death damages, which can compensate you and the victim’s other beneficiaries for all harm suffered.

    We will bring a unique team approach to your wrongful death and/ survival claim, marshaling the full extent of our legal team’s skill, experience, and resources to seek full and fair recovery for you and your family. When you are ready to take action after the loss of a loved one, contact our wrongful death attorneys in Sun City and receive a confidential consultation about your case.

    What Is a ‘Wrongful Death’ Under Arizona Law?

    If your loved one died due to the negligence or other wrongful conduct of another, it is treated as a “wrongful death” under Arizona law. In this sense, proving a wrongful death claim is highly similar to establishing a personal injury claim. Your legal team’s primary focus should be to collect and analyze evidence that establishes that another party is at fault for the death. Examples of fault in a wrongful death claim include:

    Although the party who caused your loved one’s death may face criminal charges, your right to bring a wrongful death claim or survival action is separate and distinct from the criminal case. You should have a lawyer by your side to protect your rights and seek the damages you deserve through our civil justice system. Get in touch with our Sun City wrongful death lawyer today.

    Who Can Bring a Wrongful Death Claim in Arizona?

    In addition to establishing another party’s fault for your loved one’s wrongful death, you must also determine whether you are eligible to pursue damages. It will depend on which action or actions you pursue. A survival claim can be brought by the “personal representative” of the deceased victim’s estate. This person may be named in a will or appointed by an Arizona probate court. The victim’s surviving spouse, child, parent or guardian, or an appointed “personal representative” may bring a wrongful death claim. But only one wrongful death claim can be filed.

    The party who brings that claim will do so on behalf of all beneficiaries. That party must pursue the claim and disburse any financial recovery while acting “in good faith.” For this reason, even if you are not the party that brings a wrongful death lawsuit, you should consider getting legal representation in order to ensure your rights are fully protected. Note: In contrast to many other states, brothers and sisters of a wrongful death victim do not have the right to bring a claim for damages. Our Wrongful death lawyers in Sun City can help.

    What Can You Recover in a Wrongful Death Lawsuit?

    If someone is responsible for the death of your loved one, the damages you can seek will depend on the type of action and your relationship with the victim. A survival action seeks recovery for the benefit of the deceased victim’s estate. The action could lead to the recovery of medical expenses, lost income, and pain and suffering that the victim suffered before his or her death. (However, if you are the personal representative who is bringing the action, you could not recover from your own pain and suffering.)

    In a wrongful death action, you can seek “fair and just” damages that compensate the beneficiaries for the harm they have personally suffered due to their loved one’s death. These damages may include:

    • Medical, funeral, and burial expenses (if a beneficiary paid for those expenses)
    • Loss of love, affection, companionship, care, protection, and guidance since the death and in the future
    • Pain, grief, sorrow, anguish, stress, shock, and mental suffering have already been experienced and are reasonably probable to be experienced in the future
    • Income and services that have already been lost due to the death and reasonably probable to be lost in the future.

    The recovery in a survival action becomes an asset of the deceased victim’s estate. It will be distributed according to the terms of a will or in accordance with Arizona intestacy laws. In a wrongful death action, damages are distributed by the beneficiaries’ agreement or by a court order that awards damages “in proportion to” each victim’s harm.

    A court may take into account many factors, including the relationship between the deceased and the beneficiary. Keep in mind: If you are the surviving spouse of the deceased, and you have remarried, you would still have the right to a recovery in an Arizona wrongful death claim.

    Our Wrongful Death Attorneys in Sun City Can Help

    As you can see, bringing wrongful death and/or survival claim in Sun City or elsewhere in Arizona can be a complex process. Handling a case can involve elements of criminal law, personal injury law, probate law, and maybe even family law. It will benefit you to work with a law firm that has experience in all of those areas. When you hire a law firm to handle your case, you should expect to receive:

    • A thorough investigation of the accident, including identification of the cause of death and all parties who should be held responsible
    • Accurate and timely filing of any insurance claim and/or lawsuit (under Arizona law, you generally have two years from the date of death to file a lawsuit, although some exceptions may apply that reduce or lengthen this period)
    • Aggressive pursuit of a settlement that provides full and fair compensation of all damages allowed by law
    • If necessary, the presentation of a compelling case in court before a judge and jury
    • Efficient handling of all probate matters involved in the case, including the appointment of a personal representative and disbursement of any settlement or verdict proceeds.

    Above all, you should receive caring and compassionate attention to your needs and legal goals. Throughout your case, you should be updated, and your questions should be promptly answered. Contact our Sun City wrongful death attorneys today.