Phoenix Wrongful Death Attorney
The death of a loved one, particularly a family member, is always difficult. And it is particularly tough when it is both unexpected and the result of circumstances that could have been prevented.
If you have lost a family member due to the conduct of another person or company – a motor vehicle accident, medical malpractice, a workplace accident, or some other cause – you need not bear the burden alone. At Black Wynn, we represent clients in wrongful death actions. While we cannot undo the damage, we can make sure that you receive compensation for your loss. Call us for a free consultation.
Pursuing a Wrongful Death Claim
As with other personal injury claims, it is important to take steps to protect and strengthen a wrongful death claim. Those steps include preserving evidence, investigating the accident or other cause of death, and contacting an experienced Phoenix wrongful death lawyer to make sure that your case is properly handled. This includes filing a lawsuit prior to the expiration of the statute of limitations, which in Arizona is generally two years, although there are cases in which the statute could be longer or shorter. This is all the more reason to speak to an knowledgeable attorney as soon as possible.
Our attorneys will provide you with the aggressive representation that gets results. We will prepare your case, file the lawsuit, and negotiate with the insurance companies to obtain a fair settlement of your claim. And if a settlement cannot be reached on satisfactory terms, our trial lawyers will fight for your rights in the courtroom.
Who Can Sue for Wrongful Death in Arizona?
A.R.S. 12-611 says that when a death is caused by the negligence or wrongful act of another, the party who is injured can maintain an action for wrongful death against those responsible. A.R.S. 12-612 goes on to state that the following parties may bring the wrongful death action:
Husband or wife.
Parent or guardian.
Personal representative (executor or administrator of the estate).
Wrongful Death Damages in Arizona
The types of damages that may be recovered in a wrongful death are:
Love and affection
You are entitled to compensation for the loss of love, companionship and care resulting from the death.
Funeral and burial expenses.
Past and future loss of income.
If the decedent incurred medical expenses as a result of the injury that led to the death, these may be part of your damage claim.
Pain and grief
The sorrow, anguish, stress and shock experienced as a result of the death.
The law is very specific about what kinds of damages may be recovered in a wrongful death claim. But the statutes are subject to judicial interpretation. A.R.S. 13-3110 provides that you may not recover damages in a wrongful death case for pain and suffering of the deceased person. And case law has held that this also precludes damages for the decedent’s loss of enjoyment of life. On the other hand, punitive damages may be recovered in some wrongful death cases. As in other cases, to be successful in a punitive damage claim requires proof of either intent to injure, conduct that is motivated by ill will, or conscious disregard or knowledge that the conduct would create a substantial risk of injury.
How Much is a Wrongful Death Case Worth?
When you hire an attorney to represent you in a wrongful death action, you need an honest and accurate assessment of what the case is worth. As in the case of most personal injury lawsuits, some of the damages are relatively simply to figure, but others require knowledge of how juries respond to such claims in the greater Phoenix area.
Items such as funeral expenses, past lost income, for example, can be established mathematically. They are what they are. Placing a number on sorrow, grief, loss of love and companionship, on the other hand, requires experience.
Successful Representation in a Wrongful Death Case
At Black Wynn, we know how juries respond to damage claims in these situations, and while we cannot predict with certainty how a case will turn out, we will know the likely result if your goes to trial. Having that information allows us to put a monetary value on the lawsuit, which in many cases will help to achieve a settlement of the case. At the same time, we will investigate the case and take the necessary steps to ensure that, whether the case settles or goes to trial, you stand the best chance of maximizing your recovery.
If you have lost a family member in an accident, or through the negligence or wrongful act of another person, contact us to schedule a free consultation with an experienced wrongful death attorney.
Call us today for a free consultation 480-665-7324