(435) 767-7777
(435) 767-7777Dedicated Wrongful Death Attorneys in Phoenix, Arizona
At Swenson & Shelley, our Phoenix wrongful death lawyers understand families throughout Arizona face immense difficulties when losing a loved one to negligence, as they often struggle with a combination of emotional, financial, and legal challenges.
The unexpected nature of wrongful death intensifies the shock and grief, making it harder for families to process and accept the loss. Moreover, knowing that the death was preventable and caused by someone else’s negligence or misconduct can lead to feelings of anger, frustration, and a deep sense of injustice. This is why we are here.
Our Maricopa County wrongful death attorneys have the legal experience, resources, and compassion to stand strong for those who deserve to have their voices heard.
Accident Victims Deserve The Relentless Pursuit of Justice™ our firm can bring, starting with a free consultation. Contact our Phoenix wrongful death lawyers today to learn more about your legal rights and options to pursue the best outcome for your claim.
When the Worst Has Happened, We Fight for What’s Best for You.
Who Is Eligible to Pursue a Wrongful Death Claim in Arizona?
Understanding who is eligible to file a wrongful death claim and the specific legal requirements in Arizona is crucial for families seeking justice and compensation after the loss of a loved one. Like other states, state law defines the eligibility to pursue a wrongful death claim in Arizona.
Here, the following parties are eligible to file a wrongful death lawsuit:
- Surviving Spouse
The surviving spouse of the deceased person has the right to file a wrongful death claim. This includes both legal spouses and common-law spouses recognized under the law.
- Surviving Children
Biological and legally adopted children of the deceased can pursue a wrongful death claim. This includes both minor and adult children.
- Surviving Parents or Guardians
If the deceased person is a minor or has no surviving spouse or children, the parents or legal guardians have the right to file a wrongful death claim.
- Personal Representative
The personal representative of the deceased person’s estate, also known as the executor or administrator, can file a wrongful death claim on behalf of the estate and any surviving family members. This representative is often appointed in the deceased’s will or by the court if there is no will.
The legal requirements necessary to pursue a wrongful death claim in Arizona include proving the wrongful act, negligence, or misconduct of another
party led to the loss of your loved one’s life.
That includes producing evidence to support the following:
- Duty of Care: Our attorneys must show that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act with a certain level of care to prevent harm to others.
- Breach of Duty: We must prove that the defendant breached this duty of care. A breach occurs when the defendant fails to act as a reasonably prudent person would under similar circumstances.
- Causation: There must be a direct causal link between the defendant’s breach of duty and the death of the deceased. We must demonstrate that the breach was a substantial factor in causing the death.
- Damages: We must prove that the death resulted in quantifiable damages. These can include both economic and non-economic losses.
If you believe your loved one’s death was the result of another person or party’s negligence, contact our dedicated wrongful death attorneys in Phoenix to evaluate the specific circumstances of your case and determine the best course of action. We can provide guidance on your legal rights, assess the strength of your claim, and help you pursue fair compensation for your tragic loss, starting with a free consultation.
What Type of Compensation Can Eligible Family Members Pursue During an Arizona Wrongful Death Claim?
In an Arizona wrongful death claim, eligible family members can pursue various types of compensation to address both economic and non-economic losses resulting from the death of their loved one.
The specific types of compensation available include:
Economic Damages
These are tangible, quantifiable losses that have a direct financial impact on the surviving family members.
They include:
- Medical Expenses: Costs associated with the medical treatment of the deceased from the time of injury until death.
- Funeral and Burial Costs: Expenses related to the deceased’s funeral, burial, or cremation.
- Loss of Income and Benefits: Compensation for the income and benefits the deceased would have earned had they lived, including wages, health insurance, retirement benefits, and other employment-related benefits.
- Loss of Services: The value of household services that the deceased provided, such as childcare, housekeeping, and maintenance.
- Loss of Inheritance: Potential inheritance that the surviving family members would have received had the deceased lived an average expected lifetime.
Non-Economic Damages
These are more subjective losses that do not have a precise monetary value but significantly impact the lives of the surviving family members.
They include:
- Pain and Suffering: Compensation for the physical pain and emotional suffering endured by the deceased before death.
- Loss of Companionship: The emotional distress and loss of the deceased’s companionship, love, and affection experienced by the surviving spouse or partner.
- Loss of Consortium: The impact on the surviving spouse’s relationship with the deceased, including loss of intimacy, support, and companionship.
- Loss of Parental Guidance: The emotional and developmental impact on surviving children due to the loss of parental guidance, care, and nurturing.
- Emotional Distress: The psychological impact and emotional suffering experienced by the surviving family members due to the wrongful death.
In Arizona, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. Failing to file within this time frame typically results in losing the right to pursue the claim. However, the sooner you can speak with our dedicated Phoenix wrongful death attorneys, the quicker we can build a solid claim.
Our Phoenix Attorneys Also Focus on the Following Areas:
Contact Our Wrongful Death Attorneys at Swenson & Shelley Law
Call our Maricopa County wrongful death attorneys at Swenson & Shelley Law today at 602-497-4387 or contact us online to schedule a free, no-obligation consultation. During this consultation, you can learn immediately whether your claim is eligible to proceed with legal action.
We do not charge any fees upfront for our services. Instead, you pay us only if we secure payment for you. That makes getting legal help accessible and allows you to focus on your recovery. Contact us now to learn more.
