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    Have you recently lost a close loved one because of someone else’s wrongful actions? If so, Arizona law may entitle you to pursue a wrongful death claim against the at-fault party. While nothing can undo the terrible loss you have suffered, a successful claim can hold those to blame accountable for what they have done and provide you with financial security during a difficult time.

    You don’t have to pursue your claim alone. The experienced attorneys of Mushkatel, Gobbato & Kile, P.L.L.C., are here to help. We have more than 50 years of combined legal experience, including experience with wrongful death cases, that we can put at your disposal. We proudly offer the dedicated service of a small firm with the resources of a larger one. Contact us today for an initial consultation.

    What Is a Wrongful Death?

    Arizona law considers a death wrongful if it results from the “wrongful act, neglect or default” of another party that would, had the victim lived, entitled them to pursue a personal injury claim against that party. In other words, surviving family members can bring a wrongful death claim against someone who fatally injured their loved one, whether the person did so deliberately or accidentally.

    What Are Some of the Leading Causes of a Wrongful Death in Scottsdale?

    The leading causes of wrongful deaths in Scottsdale are also among the leading causes of personal injury claims. Some of the most common causes include the following:

    If someone else did something that caused your loved one to be injured, and your loved one died because of their injuries, you could have grounds for a wrongful death claim.

    What Must Be Proven in a Wrongful Death Claim?

    To prevail in a wrongful death claim, you must prove the deceased died due to the result of the carelessness, recklessness, intentional acts, or other legal fault of another party. The elements you must prove will depend on the legal theory under which you bring the claim.

    For example, in a traffic collision, slip and fall, or other accidental death, you must first prove the other party acted with less care than they should have given the circumstances. Also, you must show their carelessness directly caused your loved one’s death.

    An experienced wrongful death attorney in Scottsdale can review your case and explain the specific things you must establish as you seek wrongful death damages from the responsible party (or parties).

    Who Can Bring a Wrongful Death Claim?

    Only certain parties can file a wrongful death claim in Scottsdale. Arizona law gives the right to the following relatives of wrongful death victims:

    • Spouse
    • Child
    • Parent or guardian.

    The deceased’s personal representative can bring the wrongful death suit. Also called the executor, the personal representative manages the deceased’s estate. If the deceased had a valid will, it should include a clause naming the personal representative. In cases where that person cannot serve, or the deceased died without a will, the court may name a personal representative on their behalf.

    The personal representative files the lawsuit to benefit all eligible surviving family members. If no relatives exist, the personal representative can pursue a wrongful death claim to help the deceased’s estate.

    What Compensation Could Be Recovered in a Wrongful Death Lawsuit?

    If you can prove another party is responsible for your loved one’s passing, you can demand they compensate you for the following:

    • Funeral and burial expenses
    • Medical expenses
    • Lost wages and other income your loved one could not earn between the time of the accident and their death
    • Loss of household services your loved one provided
    • Loss of your loved one’s care, comfort, companionship, and guidance
    • Pain and suffering caused by your loss.

    While some states cap the amount of compensation recoverable through a wrongful death claim, Arizona does not. You are entitled to the full value of the above losses.

    How Will the Compensation Be Distributed in a Wrongful Death Settlement?

    The law establishing who can file a wrongful death lawsuit also specifies that the proceeds must be distributed “in proportion to their damages” to the following parties:

    • Surviving husband or wife
    • Surviving children
    • Surviving parent or guardian,

    Again, if no survivors meet these criteria, the recovered amount becomes an asset of the estate.

    Is There a Statute of Limitations for Filing a Wrongful Death Lawsuit in Arizona?

    Arizona’s statute of limitations on personal injury claims sets a deadline for filing your wrongful death suit. Under this law, and in most circumstances, you have two years from your loved one’s passing to initiate your claim. If you attempt to file after the deadline has passed, the defendant can move to dismiss your wrongful death claim as untimely filed.

    Don’t put your rights at risk by delaying your claim. Instead, contact an attorney immediately and allow them to start work immediately on your case.

    Contact a Scottsdale Wrongful Death Lawyer

    If you recently lost someone you love in Scottsdale, AZ, due to someone else’s suspected negligence or other wrongdoing, the attorneys of Mushkatel, Gobbato & Kile, P.L.L.C., want to help you hold the at-fault party accountable and demand the financial compensation you deserve.

    When you are ready to act, contact us for a consultation with a Scottsdale wrongful death lawyer and learn more about your rights and options.

    Visit Our Scottsdale Wrongful Death Law Offices